Woodside Municipal Code § 112.10 Unlawful acts

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Distributor. Any person, firm, or corporation who, as owner, agent, employee, or otherwise, shall distribute, place, install, or deliver a mechanical amusement device to any premises in the Town or who shall keep or store within the Town any mechanical amusement device for the purpose of distributing, placing, installing, or delivering such mechanical amusement device.

Mechanical amusement device. Any machine, device, contrivance, or apparatus the operation or use of which is permitted, controlled, allowed, or made possible by the deposit or placing of any coin, plate, disk, slug, or key into any slot, receptacle, crevice, or other opening, or by the payment of any, fee for its use as a game or contest of any description, or which may be used for any such game or contest and the use or possession of which is not prohibited by any law of the state.

Operator. Any person, firm, or corporation who, as owner, lessee, agent, employee, or otherwise, shall operate, install, keep, maintain, or permit, or allow to be operated, installed, or maintained, any mechanical amusement device in or upon any premises owned, leased, managed, operated, or controlled by such person, firm, or corporation within the Town.

(1975 Code, § 5-2.01) (Ord. 1957-22, effective - -57)

It shall be unlawful for any person, for himself or any other person, firm, or corporation, to distribute, operate, install, or maintain, or allow to be distributed, operated, installed, or maintained, any mechanical amusement device in any place in the Town for commercial purposes, without having first obtained a license to distribute, install, operate, or maintain such device as set forth in this chapter.

(1975 Code, § 5-2.02) (Ord. 1957-22, effective - -57; Am. Ord. 1997-486, effective 6-26-97)

(A) Form. Every person desiring a license required by the provisions of this chapter shall make a written application therefor to the Police Chief. The application shall be verified and shall contain the following information:

(1) The name and address of the applicant and all persons financially interested in the operation or distribution of the mechanical amusement devices;

(2) The date and place of birth of the applicant;

(3) Whether the applicant desires a license as a distributor or an operator for the establishment in which the machines are to be maintained and operated;

(4) If an operator's license is desired, the place where the machines are to be installed and operated, together with the number of machines to be installed and operated in the establishment;

(5) Whether the applicant is a citizen of the United States;

(6) Whether the applicant has ever been convicted of a crime;

(7) A statement that the device for which the license is sought is not intended to be and will not be permitted to be used for any gambling purposes whatsoever; and

(8) The nature of the interest of the applicant in or title to the device for which the license is sought.

(B) Investigations. Upon the receipt of such application, the Police Chief shall conduct such investigation as he/she may deem necessary and proper as to the character and morals of the applicant and the persons financially interested in the distribution or operation of the machines for which such license is sought.

(C) Recommendations. After completing his/her investigation, the Police Chief shall transfer the application to the Council, together with his/her recommendation as to whether or not such application for a license should be granted.

(D) Approval or denial. The Council shall consider the application for the license and shall approve or deny such application within 30 days after the receipt thereof and shall return the application to the Police Chief.

(E) Issuance of license. If the application for a license is approved by the Council, the Police Chief shall issue a license in favor of the applicant, which license shall be serially numbered. All licenses shall expire on the last day of the calendar year in which issued.

(1975 Code, § 5-2.03) (Ord. 1957-22, effective - -57)

(A) The licenses issued pursuant to the provisions of this chapter shall be forwarded by the Police Chief to the office of the Town Clerk who shall deliver such licenses to the applicants upon the receipt of the fees which shall be paid in accordance with the following schedule:

(1) The fee for a distributor's license shall be $100.00 per year.

(2) The fee for an operator's license shall be $60.00 per year for each machine.

(B) Fees for licenses issued after February 1 in any calendar year shall be prorated so that the licensee shall only pay a proportionate amount of the annual fee in accordance with the amount of time remaining in such year.

(1975 Code, § 5-2.04) (Ord. 1957-22, effective - -57)

Operator's licenses issued pursuant to the provisions of this chapter shall be posted in a conspicuous place in the establishment for which such license is issued, and such license shall remain until a new or different license is issued therefor and shall show the number of machines authorized to be maintained therein.

(1975 Code, § 5-2.05) (Ord. 1957-22, effective - -57)

Cross reference— Penalty, see § 10.99.

Licenses issued pursuant to the provisions of this chapter shall not be transferable from one person to another or from one establishment to another.

(1975 Code, § 5-2.06) (Ord. 1957-22, effective - -57)

(A) The Town Manager, or designee, may revoke any license issued pursuant to the provisions of this chapter when, in his/her opinion, the licensee is violating or attempting to violate any of the provisions of this chapter, any law of the state, or any other law of the Town.

(B) The licensee may appeal any revocation of license to the Town Council pursuant to Chapter 36 of this Code.

(1975 Code, § 5-2.07) (Ord. 1957-22, effective - -57; Am. Ord. 2003-520, effective 10-23-03)

It shall be unlawful for any minor to operate a mechanical amusement device in any manner or for any purpose. It shall be unlawful for the holder of any license issued pursuant to the provisions of this chapter, or for any person in the employment of such licensee, to permit any minor to operate a mechanical amusement device. Evidence that any minor has operated any mechanical amusement device in a place of business owned or controlled by such licensee shall be sufficient to establish prima facie evidence of a violation of the provisions of this chapter by such licensee. Each holder of an operator's license issued pursuant to the provisions of this chapter shall at all times keep posted in a conspicuous place in the same room in which any such device is located the following notice in printed letters not less than one inch in height: "Minors are prohibited by law from operating any mechanical amusement device on these premises."

(1975 Code, § 5-2.08) (Ord. 1957-22, effective - -57)

(A) The provisions of this chapter shall not be construed to permit the licensing, maintenance, distribution, or operation of any mechanical device or apparatus which is contrary to any of the laws of the state, the county, or the Town, nor shall the provisions of this chapter be construed to permit the operation of any mechanical playing device licensed pursuant to the provisions of this chapter in such a manner as to be contrary to any of such laws. Any mechanical playing device operated in violation of the provisions of this chapter may be seized and held by the Police Chief as set forth in Section 112.11.

(1975 Code, § 5-2.09)

(B) No license shall be issued to any applicant for any mechanical amusement device which, for each coin, slug, or token inserted, makes available to the player, for actual plays only one ball or marble; nor shall any license be issued to any applicant for any mechanical amusement device which permits, or is adapted to, the insertion of additional coins, slugs, or tokens during the playing of or before the completion of the game for which the original coin, slug, or token was inserted in the device, and it shall be unlawful for any person to maintain or operate or allow such machines to be maintained or operated.

(1975 Code, § 5-2.10) (Ord. 1957-22, effective - -57)

Cross reference— Penalty, see § 10.99.

(A) No award, payoff, or delivery of anything of value, or representing, or exchangeable, or redeemable for anything of value, shall be made in any contest, tournament, league, or individual play on any mechanical amusement device; and it shall be unlawful for any licensee issued a license pursuant to the provisions of this chapter or any owner or operator of a mechanical amusement device to cause, permit, or allow the award, payoff, or delivery of anything of value, or representing, or exchangeable, or redeemable for anything of value.

(B) It shall be unlawful for any person, owner, or operator of a mechanical amusement device to cause, permit, or allow such mechanical amusement device to be located, operated, or maintained within 300 feet of the nearest entrance to or exit from any public playground or public or private school of elementary or high school grades.

(1975 Code, § 5-2.11) (Ord. 1957-22, effective - -57)

Cross reference— Penalty, see § 10.99.

(A) Any person who distributes, installs, operates, or maintains, or allows to be distributed, installed, operated, or maintained, a mechanical amusement device without obtaining a license as provided in this chapter, or any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Sections 10.40 through 10.58 and 10.99 of this Code.

(B) Any mechanical amusement device installed, operated, or maintained upon premises or establishments not licensed as provided for in this chapter may be seized and held by the Police Chief until such premises or establishments are properly licensed. If a license is not applied for within 30 days after such seizure, the machine may be destroyed and any money found therein deposited in the Town treasury.

(1975 Code, § 5-2.12) (Ord. 1957-22, effective - -57)

Cross reference— Penalty, see § 10.99.