Chapter V · Business Licenses and Regulations

ARTICLE 3. AMUSEMENT DEVICES

Sections 5-301 to 5-308 · 8 sections

5-301 Definitions

(a)Amusement Device — shall mean any machine or device which is coin-operated or otherwise available for hire, which machine or device permits a person or operator to use the device as a game or contest of skill, whether or not registering a score. It shall include, but not be limited to such devices as electronic or mechanical game machines, pool tables, foosball tables, air hockey tables, “pong” games, mechanical rides for children, electronic video games, shooting gallery type games, pinball machines, skill ball, bowling machines, or any other mechanical or electronic games or operations similar thereto. This definition does not include merchandise vending machines or coin-operated phonographs, televisions or other devices which are not designed for manipulation by the person operating the device.

(b)Amusement-Recreational Facilities shall be construed to include and mean a place of business, installation, eating or other establishment, center, hail, room or part of a building used for the purpose, in whole or in part, of conducting or providing means or devices of amusement or recreation for its patrons and customers.

(Ord. 158, Sec. 1; Code 1992)

5-302 License required.

It shall be unlawful for any person to within the city limits display for public patronage or keep for operation any coin- operated amusement device without first obtaining a license from the city. Not more than one machine or device shall be operated under one license, and a separate license shall be obtained for each and every machine or device displayed or operated. Not more than two devices shall be operated per establishment without written approval by the governing body.

(Code 1992)

5-303 Same; application

Application for a license under this article shall be made to the city clerk by written application and such application for such license shall contain, but not be limited to, the following information:

(a)The name and address of the applicant, his or her age and date of birth and the name and address of the owner of the device.

(b)The place where the machine or device is to be displayed or operated and the business conducted at that place.

(c)A description of the machine or device to be covered by the license, including its mechanical features, the name of the manufacturer and the serial number.

(d)Whether the applicant or owner has paid a current Federal Occupation Tax for the use or permit to use, on any place or premises within the city, a coin-operated amusement or game device under the Federal Internal Revenue Code. Each such application shall be made out in duplicate, one copy being referred to the chief of police and the other copy to be affixed to the license issued.

(Code 1992)

5-304 Same; fee.

The license fee for each coin-operated amusement device shall be as set forth in the City’s annual fee resolution.

(Code 2009)

5-305 Same; revocation; notice and hearing.

Every license issued for public patronage for operation of a coin-operated amusement device is subject to the right, which is hereby especially reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any coin- operated amusement or gaming device, contrary to the provisions of any law of this city, or of the State of Kansas or any federal law. Such license may be revoked by the governing body after written notice to the licensee, which notice shall specify the violation of law with which the licensee is charged if, after a hearing the licensee is found to be guilty of such violations.

(Code 1992)

5-306 Display of license.

Every license provided by this article shall be maintained permanently at the premises and at the location where the device is to be operated or maintained, and available for inspection by the chief of police upon request.

(Code 1992)

5-307 Transfer of license.

A license issued under this article may be transferred from one machine or device to another similar machine or device upon application to the city clerk to such effect and giving the description and serial number of the new machine or device.

(Code 1992)

5-308 Term of license.

Each license issued under this article shall expire one year from the date of issuance.

(Code 1992)