CHAPTER 739

Mechanical Amusement Devices

739.01 Definitions.
739.02 Permit required.
739.03 Application for permit.
739.04 Action on application.
739.05 Investigation.
739.06 Permit and investigation fee.
739.07 Disapproval of application; correcting condition.
739.08 Issuance or denial of permit.
739.09 Permit forwarded to General Administrative Clerk.
739.10 Posting permits.
739.11 Removal or transfer of permit prohibited.
739.12 Number of devices permitted.
739.13 Revocation of permit; appeal.
739.14 Requirements for machines.
739.15 Rules and regulations to be adopted.
739.16 Hours of operation.
739.17 When deemed a public nuisance.
739.18 Exceptions.
739.19 Unlawful acts.
739.99 Penalty.

CROSS REFERENCES

Exhibiting gambling devices for gain - see Ohio R.C. 2915.15
Disturbing the peace - see GEN. OFF. 509.02
Gambling - see GEN. OFF. Ch. 513


739.01 DEFINITIONS.
As used in this chapter, the following words shall have the following respective meanings:

(a) "Mechanical amusement device" means any machine or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached thereto or connected therewith, may be operated for use as a game, contest or amusement or may be operated for the playing of music or may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise.

(b) "Owner or operator of a mechanical amusement device" means:

(1) Any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any places under his control, or who installs or maintains the same in any place where the same can be played or operated by persons in or about such place; or

(2) The person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or persons in or about such place.

(c) "Person" means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.

(d) "Street" means any street, alley, highway or road, either public or private, that is used or to be used for ingress or egress.
(Ord. 1970. Passed 3-16-46.)


739.02 PERMIT REQUIRED.
No person shall set up or operate within the City any mechanical amusement device without first obtaining a permit from the Mayor.
(Ord. 1970. Passed 3-16-46.)


739.03 APPLICATION FOR PERMIT.
Application for the permit shall be made to the Mayor on forms provided by him, shall be signed by the applicant and shall contain the following information in addition to whatever additional information is deemed necessary by the Mayor:

(a) The name of the applicant;

(b) The place where the mechanical amusement device is to be placed, maintained to be operated or operated, and, if the mechanical amusement device is to be placed, maintained to be operated or operated in connection with any other business or calling, the character of such business or calling;

(c) A complete description of the type of mechanical amusement device and the manner in which it is to be placed, maintained to be operated or operated; and

(d) The number of mechanical amusement devices placed, maintained to be operated or operated then in the place where the mechanical amusement device is to be placed.
(Ord. 1970. Passed 3-16-46.)


739.04 ACTION ON APPLICATION.
The application for a permit shall be acted upon by the Mayor within reasonable time after the filing of such application.
(Ord. 1970. Passed 3-16-46.)


739.05 INVESTIGATION.
Upon receipt of the application, the Mayor shall cause to be investigated the statements set forth in the application. The Mayor shall also cause to be forwarded to the Fire Chief for investigation those applications for permits to maintain for operation mechanical amusement devices which are wired for electricity. The Fire Chief shall determine whether the rules and regulations of the Division of Fire pertaining to the electrical connections and apparatus of such mechanical amusement devices are complied with. The Fire Chief shall, after such investigation, either approve or disapprove the application and return it within a reasonable time after receipt, with his approval or disapproval endorsed thereon, to the Mayor.
(Ord. 1970. Passed 3-16-46.)


739.06 PERMIT AND INVESTIGATION FEE.

(a) The fee for the permit shall be fifty dollars ($50.00) annually for any mechanical machine or device that results in an award of any nature, including replays to the person using or playing the machine.

(b) The fee for a permit for all other mechanical machines and devices, amusement or otherwise, shall be twenty-five dollars ($25.00) annually. The application for the machines, of whatever nature, shall be made to the Mayor in whatever amount is due at the time the application is made. The permits shall be for a period of one year, renewable prior to July 1 of each year.

(1) If the application is made prior to July 1, the normal fee shall be paid.

(2) If the application is made on or after July 1, but prior to October 1, three-fourths of the normal fee shall be paid.

(3) If the application is made on or after October 1 but prior to January 1, one-half of the normal fee shall be paid.

(4) If the application is made on or subsequent to January 1 but prior to April 1, one-fourth of the normal fee shall be paid.

(c) If a machine on which a fee has been paid is for some reason removed from an establishment, the owner thereof may replace the removed machine with another one by filing an application for transfer accompanied by a transfer fee of one dollar ($1.00). The replaced machine will then take the place of the original machine and be permitted for the unexpired term. However, if the original machine is again placed in an establishment, it shall be considered a new application and the schedule of fees outlined herein will be applicable.
(Ord. 2339. Passed 11-3-56.)


739.07 DISAPPROVAL OF APPLICATION; CORRECTING CONDITION.
If an application for mechanical amusement device permit is disapproved by the Fire Chief, the Mayor shall notify the applicant of such fact. Upon receiving such notice from the Mayor, the applicant shall have the opportunity to correct such conditions as have been disapproved. This correction shall be made within ten days after the mailing of the notice, and if such conditions have been corrected to the satisfaction of the Fire Chief, the permit may be issued.
(Ord. 1970. Passed 3-16-46.)


739.08 ISSUANCE OR DENIAL OF PERMIT.

(a) If the Mayor approves the granting of a permit, he may issue a permit to the applicant, which permit shall be serially numbered. However, the Mayor may, if he determines that the applicant for the permit is not of good moral character, deny the permit and may, likewise, deny the permit if the place of business wherein the mechanical amusement device is to be operated does not bear a good reputation.

(b) The Mayor shall cause to be forwarded to the Fire Chief written notice of his granting or denial of a permit if the mechanical amusement device is wired for electricity.
(Ord. 1970. Passed 3-16-46.)


739.09 PERMIT FORWARDED TO GENERAL ADMINISTRATIVE CLERK.
When any permit is issued under the provisions of this chapter, the Mayor shall cause the permit to be forwarded to the office of the General Administrative Clerk for delivery upon the payment of the license fee.
(Ord. 1970. Passed 3-16-46.)


739.10 POSTING PERMITS.
The permit issued by the Mayor shall be permanently and conspicuously posted at the location of the machine in the premises wherein the mechanical amusement device is to be operated or maintained to be operated, along with the permit, and shall not be removed from the location during the period for which the permit was issued.
(Ord. 1970. Passed 3-16-46.)


739.11 REMOVAL OR TRANSFER OF PERMIT PROHIBITED.
Nothing in this chapter shall permit the removing or transferring of the permit to any other premises other than those for which the permit was originally issued. No permit may be transferred from one person to another.
(Ord. 1970. Passed 3-16-46.)


739.12 NUMBER OF DEVICES PERMITTED.
The Mayor shall not grant a permit for more than three mechanical amusement devices at any one location or establishment. The Mayor may not grant a permit to any location or establishment for more than two mechanical amusement devices for the playing of music or two of any other mechanical amusement devices to be used at the same location or establishment.
(Ord. 2005. Passed 4-12-47.)


739.13 REVOCATION OF PERMIT; APPEAL.

(a) Whenever the Mayor determines that a permittee or any of the permittee's servants, agents or employees, in the use, operation or maintenance of any such mechanical amusement device, is violating or attempting to violate any law of the State or this chapter or any ordinance of the City, or if, in the opinion of the Mayor, it is necessary for the protection of minors or any member of the public, the Mayor, after written notice to the permittee, has the power to suspend the permit and, after due and proper hearing, has the power to revoke any permit issued under the provisions of this chapter. When any permit is suspended or revoked, notice thereof shall be given by him to the Fire Chief and the General Administrative Clerk. Any person aggrieved at the action of the Mayor in denying or revoking a permit shall have the right to appeal to a Board consisting of the Mayor, the Fire Chief and General Administrative Clerk for reconsidering the original action of denying or revoking the permit, and the action of the Board shall be final.

(b) Such appeal must be perfected within ten days from the denial or revocation of the permit.
(Ord. 1970. Passed 3-16-46.)


739.14 REQUIREMENTS FOR MACHINES.

(a) Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the serial number of the mechanical amusement device and, in addition thereto, if wired for electricity, a label indicating the name and address of the manufacturer and the voltage and current necessary for the proper operation of the device.

(b) Each portable mechanical amusement device wired for electricity shall be equipped with not more than six feet of electric cord of type approved by the Fire Chief and shall be connected to convenient plug receptacle adjacent to such device.
(Ord. 1970. Passed 3-16-46.)


739.15 RULES AND REGULATIONS TO BE ADOPTED.
The Mayor and the Fire Chief are hereby authorized to adopt, promulgate and enforce such rules and regulations regarding mechanical amusement devices as will enable the Mayor and Fire Chief to enforce and carry out the provisions, meaning and intent of this chapter.
(Ord. 1970. Passed 3-16-46.)


739.16 HOURS OF OPERATION.
No person shall permit a mechanical amusement device to operated between the hours of 12:00 midnight and 8:00 a.m.
(Ord. 1970. Passed 3-16-46.)


739.17 WHEN DEEMED A PUBLIC NUISANCE.
Any mechanical amusement device operated or maintained to be operated in violation of any law of the State or of this chapter, or the rules and regulations adopted hereunder, shall be deemed to be a public nuisance, and any such mechanical amusement device shall be impounded by the Mayor during the time any permit is suspended and until after the hearing on the revocation of the permit.
(Ord. 1970. Passed 3-16-46.)


739.18 EXCEPTIONS.
The provisions of this chapter do not apply to any machine which, in return for the coin deposited in such device, delivers the equivalent value of the coin in merchandise. However, no prize, reward, bonus or other thing of value shall be delivered with such merchandise.
(Ord. 1970. Passed 3-16-46.)


739.19 UNLAWFUL ACTS.

(a) No award, payoff or delivery of anything of value, or representing, exchangeable or redeemable for anything of value, shall be made in any contest, tournament, league or individual play on any mechanical amusement device and no person shall cause, permit or allow the same.

(b) No person shall install, operate or maintain to be operated any mechanical amusement device in the City without first having obtained a permit in writing to do so from the Mayor and paid the permit fee herein prescribed.
(Ord. 1970. Passed 3-16-46.)


739.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor.
Each day's violation shall constitute a separate offense.


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