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HomeMy WebLinkAbout1981-34 - Regulation of Coin Operated Devices. , BILL N0. ~/-3y ORDINANCE N0. ~~ AN ORDINANCE REGULATING THE KEEPING OF COIN-OPERATED AMUSEMENT DEVICES AND ESTABLISHING A LICENSE FEE TO BE PAID BY PERSONS OR FIRMS OR CORPORATIONS KEEPING OR EXHIBITING COIN-OPERATED AMUSEMENT DEVICES FOR CUSTOMERS' USE WITFIIN THF. CORPORATE LIMITS OF THE CITY OF RIVERSIDE AND FIXING THE TIME WHEN SUCH FEE SHALL COMMENCE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. SCOPE. No person, firm or corporation shall engage in the business of keeping, operating, or exhibiting coin-operated amusement devices without first obtaining a license for each individual coin-operated amusement device and if so qualifying for an additional coin-operated amusement arcade license for which said license or licenses shall be issued by the City to such person, firm or corporation upon proper application being made therefor and payment of the license fee prescribed by the Board of Aldermen. No such license shall be transferable or assignable. Each license that is issued to a designated address or location shall not be used for any other location within the City of Riverside unless application for a different designated address shall first have been made to the Board of Aldermen and permission granted by the Board of Aldermen. SECTION 2. DEFINITIONS. A. Coin-o erated Amusement Device: The term "coin- operated amusement evice s a inc u e pinball machines, marble machines, pool tables, coin-operated shuffleboards, video games and any other devices operated by the insertion of a coin, disc, or other insertion piece, whether or not manipulated by the operator, and which operate for the amusement of the operator, whether or not by registering a score. It shall not include "slot machines", "claw machines" or other machines prohibited by state law, nor shall it include machines or devices used bona fide and solely for the vending of cigarettes, food confections, merchandise, juke boxes, or coin-operated radio or television devices in a private room of a hotel or motel. ', B. Exhibitor: The term "Exhibitor" shall include any person who exi-7i~or maintains for operation one or more coin-operated amusement devices within the City. C. Arcade: The term "Arcade" shall apply to any pre- mises where t-Tree or more coin-operated amusement devices are exhibited or maintained for operation. D. Arcade 0 erator: The term "Arcade Operator" shall include any person w o ex ibits or maintains for operation three or more coin-operated amusement devices on the same premises within the City. E. Person: The term "Person" means any person, firm, corporation or association which exhibits or maintains for operation one or more coin-operated amusement device. F. Miscellaneous: The term "other coin-operated amusement devices" shall include all devices not specifically defined herein. SECTION 3. GAMBLING DEVICES OR GAMBLING NOT PERMITTED. A. No license shall be issued for any coin-operated amusement device which is so constructed as to make possible either directly or by use of an adjustment the return of cash, tickets, discs or other tokens or certificates of any kind, to a player operating the same, whether or not such tokens or certificates have a value of any kind. Only machines operated exclusively for the amusement provided by the operation thereof shall be licensed and no machine shall return and no exhibitor shall offer or give any reward or thing of value as reward for the making of any score or accomplishing any result in the playing of the machine, except that, as a reward for his skill, the player may be given free plays. B. Slot machines, similar devices. Machines commonly known as "slot machines", "claw machines" and other machines prohibited by state law shall not be licensed nor shall their use be permitted in any place for which a license is issued. C. No exhibitor, arcade operator or agent thereof shall knowingly allow gambling among customers or other persons on the premises for which a license has been issued. SECTION 4. LICENSE REQUIRED. A. For each coin-operated amusement device the exhibitor shall be required to obtain a license as required by Section 12.1 of the Code. -" B. Any person exhibiting or maintaining for operation three or more coin-operated amusement devices at one location shall in addition to the license required for each coin- operated amusement device be required to purchase an occupational license for maintaining a coin-operated amuse- ment arcade as required by Section 12.1 of the Code. SECTION 5. LICENSE APPLICATION. A. The application for a license under the provisions of this article shall be made on forms provided by the City Clerk and shall include the following information: 1. Name, home address, age, and date of birth of the applicant. 2. Business address of the place in which the coin-operated amusement device or devices will be located and the phone number of said business. 3. A description of each device to be licensed for the premise, its trade or popular name, mechanical or electronic features, and the owner of the machine if other than applicant. B. No license shall be issued to any applicant unless that individual is at least 21 years of age or older, of good moral character and has never been convicted of a felony. SECTION 6. DISPLAY OF LICENSE. A. The license required for each individual coin- operated amusement device shall be displayed conspicuously near the individual device(s) covered therein. B. Any establishment exhibiting or maintaining for operation three or more individual coin-operated amusement devices on the same premises shall be required to obtain an additional license for a coin-operated amusement arcade and said license shall be displayed permanently at a conspicuous location on the premises. SECTION 7. PROFIIBITIONS AND RESTRICTIONS. A. No coin-operated amusement device or arcade shall be operated so as to constitute a public nuisance. B. It shall be the duty of the licensee to maintain order and prevent loitering on the premises where any licensed device is exhibited or maintained for operation. C. It shall be the duty of the licensee to see that the premises on which a licensed device is exhibited or maintained for operation do not become overcrowded so as to constitute a hazard to the health and safety of the persons therein. D. The license(s) required and described in this ordinance shall be purely a personal privilege and shall not constitute property nor shall any license granted be transferable to any other person, premise or device. E. There shall be a minimum of 200 square feet floor space allotted for each coin-operated amusement device exhibited or maintained for operation on the premises for which a license is granted. F. The premises where coin-operated amusement devices r are exhibited or maintained for operation shall at all times during business hours have an attendant present who is at least 21 years of age, of good moral character, and has never been convicted of a felony. G. It shall be the duty of the exhibitor or arcade operator to provide separate restrooms for each sex on the premises for which a license is granted. H. The permissable hours of operation for any premises qualifying as a coin-operated amusement arcade shall be between the hours of 10 a.m. and 10 p.m. Sunday through Thursday and 10 a.m. and 11:30 p.m. on Friday and Saturday. I. No arcade operator shall allow any controlled substances or alcoholic beverages to be bought or sold on the premises for which a license has been granted. J. It shall be the duty of the exhibitor or arcade operator to provide parking spaces for the premises in compliance with the zoning order of the City of Riverside. -' SECTION 8. ENFORCEMENT. A. The Director of Public Safety shall be charged with the duty and authority to enforce the provisions of this ordinance and to report any violations thereof. SECTION 9. SUSPENSION OR REVOCATION OF LICENSE. A. Licenses issued under the provisions of this ordinance may be suspended or revoked by the Mayor or Board of Aldermen of the City of Riverside for any of the following causes: 1. Fraud, misrepresentation or any false statement contained in the application. 2. Any violation of the provisions of this ordinance. 3. Conducting the business licensed under the provisions of this ordinance in an unlawful manner -' or in such manner to constitute a breach of the peace or be detrimental to the public health, encourage juvenile delinquency, or constitute a breach of rules of safety, morals or welfare. SECTION 10. SEIZURE AND DESTRUCTION OF MACHINES. A. If the Director of Public Safety shall have reason to believe any amusement device is used as a gambling device, such device may be seized by the police and impounded, and if upon trial for allowing it to be used as a gambling device and said exhibitor is found guilty, such device shall be destroyed by the police. SECTION 11. PENALTY A. Any person violating any of the provisions of this ordinance, shall upon conviction thereof be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) or imprisoned in the city jail not exceeding ninety (90) days or both such fine and , imprisonment. Each violation or failure to comply with the J above provisions shall constitute a separate misdemeanor and shall be punished as above indicated. SECTION 12. SEVERABILITY. A. Should any portion of this ordinance be declared invalid, then the same shall not affect the remainder of the ordinance and it shall remain in full force and effect. PASSED THIS DAY OF ~-~t.¢hJ 1981. OR ATTEST: /oL~CCti, ~.~.l~C~'C ~~ CITY C RK APPROVED THIS /~~c~ DAY OF L~%[~OI~ , 1981. .r~~-~~~.,-- -