Yuba County Municipal Code Ch. 6.03 Coin-Operated Viewing Machines

This Chapter is adopted pursuant to authority granted by Government Code § 50028.

(Prior Code, § 6.03.010; Ord. No. 768)

Unless it is otherwise clear from the context, the following terms shall have the meanings ascribed to them in this Section:

(1) Coin means any physical object, including but not limited to, a piece of metal issued by the Federal Government as money or any slug or object issued in exchange therefore.

(2) Coin-operated viewing machine means any projector, machine, television, or other device which displays for viewing motion pictures, video tapes, or drawings, and which is operated by the viewer, or for the viewer, by means of inserting a coin into the device, an attachment thereto, an enclosure surrounding such device, or any other device electronically or mechanically connected thereto; provided, however, that such term does not include an electronic video game of skill wherein the image is created, generated, or synthesized electronically, or coin-operated television receivers which display commercial or public service broadcasts.

(3) Person means any individual, partnership, corporation, or association.

(Prior Code, § 6.03.020; Ord. No. 768)

Each coin-operated viewing machine owned, operated or maintained within the County shall have permanently attached thereto deposited into such coin-operated viewing machine and which will also accumulate such count or the accumulated amount of money deposited in such coin-operated viewing machine. Such tally counter shall be resistant to tampering, and shall be capable of being reset to a lower number, and shall display the count in such manner that the accumulated total is readily visible near the coin insertion slot of each coin-operated viewing machine. The type of tally counter installed pursuant to this Section shall be approved in advance of installation by the County.

(Prior Code, § 6.03.030; Ord. No. 768)

From time to time, but not less often than once each month, a County official shall check each tally counter installed on a coin-operated viewing machine hereunder to determine (1) that the tally counter upon such machine is properly attached and in good working order and (2) the total amount of money which has been deposited into each such machine. Notwithstanding any other provision of this Chapter, no Peace Officer, as defined in Penal Code § 830, shall check such tally counter.

(Prior Code, § 6.03.040; Ord. No. 768)

Pursuant to Government Code § 50028(c), any person who violates the provisions of this Chapter shall be subject to a civil penalty not to exceed $10,000.00 for each such machine and each day in which such violation occurs. In determining the amount of such penalty, the court shall take into consideration the matters set forth in Government Code.

(Prior Code, § 6.03.050; Ord. No. 768)

This Chapter shall be enforceable within the incorporated, as well as the unincorporated, area of the County unless a city ordinance in direct conflict with this Chapter has been adopted, in which case this Chapter shall be enforceable in the area of the County outside of such city.

(Prior Code, § 6.03.060; Ord. No. 768)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.