CHAPTER 111:  AMUSEMENTS

 Section

 

Amusement Devices, Pinball Games and the Like

 

111.001 Definition

111.002 Privilege license fee

111.003 License year defined

111.004 Receipt

111.005 Display of receipt

111.006 Effective date

Social Games and Games of Chance

 

111.020 Gambling prohibited; confiscation of property

111.021 Definitions

111.022 Application for license

111.023 Cardroom license not transferable

111.024 Granting and denial of application

111.025 Suspension and revocation of license

111.026 Regulations

111.027 Signs

111.028 Cardroom and card table fees

111.029 Exceptions to license

 

 

Occult Arts

 

111.080 License required

111.081 Application; fees

 

111.999 Penalty

 

 

 

AMUSEMENT DEVICES, PINBALL GAMES AND THE LIKE

 

 

111.001  DEFINITION.

 

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

 

AMUSEMENT DEVICE.  A device designed to be operated for music or amusement only or for playing a game by the insertion of legal tender of the United States in the machine, which amusement device is so designed and constructed that it cannot pay tokens, money or any other thing of value in violation of the laws of the state, and which can be operated, played or employed for amusement purposes only.

(Ord. 1123, passed 6-1-1992)

 

 

111.002  PRIVILEGE LICENSE FEE.

 

There is hereby imposed on every music and amusement device of every description or designation a privilege license fee as follows: each music machine, $50 annually; for every amusement device or game, $100 annually; providing, however, that a maximum fee of $1,000 shall be charged annually to any one licensee for amusement devices or games located at any one business location, notwithstanding the number of devices or games exceeding ten in number at one location.

(Ord. 1123, passed 6-1-1992)

 

 

111.003  LICENSE YEAR DEFINED.

 

The fee as specified in ‘ 111.02 shall be paid on an annual basis.  The license year for the purposes of this subchapter shall begin on January 1 and end on December 31.

(Ord. 1123, passed 6-1-1992)

 

 

111.004  RECEIPT.

 

Upon payment of the privilege license fee hereby imposed, the City Recorder shall issue to each applicant a receipt therefor.  For each new amusement device or game acquired any time after January 1 of any year, the full fee as listed in ‘ 111.002 shall be paid on a monthly proration to year end.  All license fees paid shall be nonrefundable.

(Ord. 1123, passed 6-1-1992)

 

 

111.005  DISPLAY OF RECEIPT.

 

It is hereby made unlawful for any person to display in any public or private place of amusement or business in the city any amusement device subject to the fee imposed by this subchapter unless there be affixed to the device subject to the fee, or posted in a conspicuous place in the room in which the device is displayed, a receipt of the City Recorder for payment of the fee.  The receipt, sticker or label shall contain the name and address of the owner and operator thereof, the number of the device, the receipt number, the date issued and the year and months for which the same is issued, signed by the City Recorder.  Absence of a duly issued receipt as herein provided shall be prima facie evidence that the fee has not been paid.

(Ord. 1123, passed 6-1-1992)  Penalty, see ‘ 111.999

 

 

111.006  EFFECTIVE DATE.

 

This subchapter shall be in full force and effect 30 days from the date it is signed by the Mayor of the city.

(Ord. 1123, passed 6-1-1992)

 

 

 

SOCIAL GAMES AND GAMES OF CHANCE

 

 

111.020  GAMBLING PROHIBITED; CONFISCATION OF PROPERTY.

 

No person shall participate in, operate or assist in operating any gambling game or activity, including a lottery.  No person shall have in his or her possession any property, instrument or device designed or adapted for use in any type of gambling activity.  Any such property, instrument or device is a nuisance and may be summarily seized by any police officer.  Property so seized shall be placed in the custody of the Chief of Police of the city.  Upon conviction of the person owning or controlling the property for a violation of this section, the Municipal Judge shall order the property confiscated and destroyed.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977)  Penalty, see ‘ 111.999

 

 

111.021  DEFINITIONS.

 

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

 

  1.   Any place open to the public wherein any table is maintained upon which games of cards are played.

 

 

(1)   Any contest, game, gaming scheme, gaming device or machine in which the outcome depends in a material degree upon an element of chance, notwithstanding the skill of the contestants may also be a factor therein.

 

(2)   The term GAMBLING shall not include social games.

 

SOCIAL GAMES.

 

(1)   A game involving the playing of cards only, which does not include lotteries or any game involving the use of any property, instrument or device designed or adapted for the use in any type of gambling activity, between players in a private home where no house player, house bank or house odds exist, and there is no house income from the operation of the SOCIAL GAME.

 

(2)   A game involving the playing of cards only, which does not include lotteries or any game involving the use of any property, instrument or device designed or adapted for the use in any type of gambling activity, between players in a private business, private club or place of public accommodation, where no house player, house bank or house odds exist and there is no income from the operation of the SOCIAL GAMES.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977)

 

 

111.022  APPLICATION FOR LICENSE.

 

From and after this date, it shall be unlawful for any person, firm or corporation to engage in or carry on, or maintain or conduct any cardroom in the city without having valid license for the cardroom and licenses for the card tables therein.  Any person desiring to obtain licenses under the provisions of this subchapter shall pay to the City Recorder fees as specified in ‘ 111.028.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 994, passed 5-4-1981)  Penalty, see ‘ 111.99

 

 

111.023  CARDROOM LICENSE NOT TRANSFERABLE.

 

 

No cardroom license shall be assignable or transferable.  A change of persons having a financial interest in a licensed business shall be reported immediately to the City Manager, who shall order an investigation by the Police Department and the changes approved or denied by the City Council.  Application for change of financial ownership shall be accompanied by a $65 nonrefundable investigation fee.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 994, passed 5-4-1981)

 

 

111.024  GRANTING AND DENIAL OF APPLICATION.

 

(A)  The City Council shall either approve the application and grant the license applied for or deny the application and refuse to grant the license.

 

(B)  The above shall not be granted if:

 

(1)   The applicant has been previously convicted of a felony within the last ten years;

 

(2)   The applicant has been convicted of five misdemeanors, the last of which was within five years;

 

(3)   The applicant has been convicted of or forfeited bail for any crime involving gambling within the last five years;

 

(4)   The applicant has been directly or indirectly involved in a forfeiture proceeding regarding a gambling device as defined in state statutes where the gambling device has been ordered destroyed, or a bond has been forfeited in lieu of the gambling device being destroyed within the last five years;

 

(5)   Any false or misleading information is supplied in the application or any information requested is omitted from the application;

 

(6)   The applicant has had a license which was in his or her name revoked or suspended three times by the State Liquor Control Commission, the last of which was in the last five years;

 

(7)   The applicant violates any section of this subchapter; or

 

(8)   Any other conduct involving moral turpitude on the part of the applicant.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 1027, passed 1-17-1983)

 

 

111.025  SUSPENSION AND REVOCATION OF LICENSE.

 

(A)  The City Manager shall temporarily suspend any cardroom license issued hereunder if:

 

(1)   Any person who has any interest in the business has been previously convicted of a felony;

 

(2)   Any person who has any interest in the business has been convicted of five misdemeanors, excepting minor traffic offenses;

 

 

(3)   Any person who has any interest in the business has been convicted of or forfeited bail for any crime involving gambling;

 

(4)   Any person who has any interest in the business has been directly or indirectly involved in a forfeiture proceeding regarding a gambling device as defined in the state statutes where the gambling device has been ordered destroyed or a bond has been forfeited in lieu of the gambling device being destroyed;

 

(5)   Any false or misleading information is supplied in the application;

 

(6)   Any person who has any interest in the business has had a license which was in his or her name revoked or suspended three times by the State Liquor Control Commission;

 

(7)   Any person who has any interest in the business or any employee who violates any section of this subchapter; or

 

(8)   Any other conduct involving moral turpitude on the part of any person who has any interest in the business.

 

(B)  Action in this respect shall be subject to the right of appeal to the City Council meeting in regular Council session.  Notice of the appeal shall be filed with the City Recorder within ten days or the action shall be deemed final and conclusive.  A temporary suspension shall be 30 days.

 

(C)  Permanent revocation may be made only by the City Council, and the revocation shall only take place at a City Council meeting in regular Council session upon application of the City Manager and only after the licensee has been served with notice at least 20 days prior to the City Council meeting.  The notice shall include the time and date of the City Council meeting and the grounds upon which the permanent revocation is sought.  Notice shall be deemed to have been received by the licensee if the City Manager mails the notice to the address listed by the licensee on his or her application for a license.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 1027, passed 1-17-1983)

 

 

111.026  REGULATIONS.

 

It shall be unlawful to operate a cardroom in violation of any of the following regulations and rules.

 

(A)  With respect to the social games set forth in this subchapter, there shall be a limit on any bet of $10 and a three‑raise limit.

 

(B)  Licensees holding or obtaining licenses under the provisions of this subchapter shall thereby automatically agree to be bound by and observe each and all of the terms, conditions and provisions of this subchapter and of the regulations and rules established thereby.

 

 

(C)  Each and all of the games conducted or operated in the city pursuant to the provisions of this subchapter shall be conducted and operated in full conformity with, and subject to, all the provisions of the laws of this state and the city.

 

(D)  No licensee shall allow the use of any cardroom between the hours of 2:30 a.m. and 8:00 a.m. of any day.

 

(E)  All cardrooms shall be open to police inspection during all hours of operation.  The cardroom license shall be available for inspection during all hours of operation.

 

(F)   No person who has any direct financial interest in a business permitting social gaming, per this subchapter and state law, shall participate in any card game, procure players, back, farm out, assign or sublet any card games lawfully permitted on the premises in which the person has any interest or works.  DIRECT FINANCIAL INTEREST means any interest, legal or equitable, of any person as an owner, co‑owner, stockholder, officer or shareholder in any corporation, joint venture, partnership, trading company or association.

 

(G)  The playing of all card games shall be so arranged as to provide free access and visibility to any interested party.  Doors leading into the cardroom must remain unlocked during all hours of operation.

 

(H)  No person under the age of 21 shall be permitted to participate in any card game or to enter or remain upon the premises.

 

(I)   No charge shall be collected from any player for the privilege of participating in any game.

 

(J)   With respect to tables at which any form of Blackjack or Twenty‑one is played, there shall be a limit of three tables for the play in any licensed cardroom.

 

(K)  To provide for special events and promotional programs temporary tables will be allowed.  The following requirements for temporary tables shall apply in addition to regulations set forth in this subchapter for regular table operations:

 

(1)   The maximum number of tables in operation shall not exceed six, including regularly licensed tables;

 

(2)   Licenses must be issued prior to the use of the temporary tables;

 

(3)   The license fee for temporary tables shall be per ‘ 111.028;

 

(4)   Temporary table licenses may be suspended or denied by the City Manager upon receiving a report from the Chief of Police of the city that the business establishment of a temporary license has become a law enforcement problem by reason of any of the following:

 

(a)   Rowdy and/or disorderly conduct occurring on the premises of the licensed business;

 

 

(b)   Drunkenness and/or being under the influence of intoxicants on the premises of the licensed business;

 

(c)   The use, possession, sale, gifts, barter or exchange by any person on the premises of licensed business of any controlled substance as defined by O.R.S. 475.005 or any drug whose possession, sale, exchange, gift or use is made illegal by any law of this state or of the United States of America;

 

(d)   Gambling occurring and/or permitted on the premises of the licensed business contrary to the law of the state and/or this subchapter; or

 

(e)   Any lewd, lascivious or immoral conduct or act occurring upon the premise of the licensed business which is contrary to or offends the current moral standards of the community.

 

(5)   Denial or suspension of all temporary table licenses may be made by the City Manager upon receiving a report by the Chief of Police that, on the dates of special promotional events, increased law enforcement demands occur within public or private properties within the city by reason of the following:

 

(a)   Drunkenness and/or being under the influence of intoxicants;

 

(b)   Rowdy and/or disorderly conduct;

 

(c)   Lewd, lascivious or immoral conduct or acts; and/or

 

(d)   Vandalism of public or private property.

 

(6)   Upon suspension of a temporary license, the licensee may give notice of an appeal to the City Recorder within 24 hours of being advised by the City Manager of the suspension.  Within 48 hours after an appeal is filed, a hearing shall be held before the City Recorder, at which time licensee shall show cause why the temporary license suspensions should not be made permanent.  When the City Manager gives notice of the suspension to licensee, there shall be included with the notice the reason for the suspension.  The burden of proof pertaining to a suspension of a license shall be by the preponderance of the evidence.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 989, passed 2-3-1981; Ord. 1027, passed 1‑17‑1983; Ord. 1070, passed 5-19-1986; Ord. 1974, passed 7-21-1986)  Penalty, see ‘ 111.999

 

 

111.027  SIGNS.

 

(A)  Signs advertising gambling, playing of cards or advertising specific forms of card playing or enticing players, shall not be displayed so as to be seen from outside the building housing the cardroom.

 

(B)  Signs visible from inside the building, informing the public in which areas cards may be played and/or designating permitted games, will be allowed.

 

(C)  Neon signs or flashing light signs will not be permitted.

 

(D)  Signs, and the placement of same, shall first be approved by the City Manager.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 994, passed 5-4-1981)

 

 

111.028  CARDROOM AND CARD TABLE FEES.

 

Any person who shall keep, maintain or operate any cardroom shall pay in advance a yearly cardroom license fee of $50.  Tables at which any form of Blackjack or Twenty‑one is played shall be charged each quarter a table license fee of $140, or once annually a table license fee of $500, at the option of the applicant.  Quarterly licenses shall expire on March 31, June 30, September 30 and December 31, respectively, during the year.  Annual licenses shall expire on December 31 of the year for which it is issued.  Card tables used for other card games shall be charged $50 for each card table kept or maintained therein.  Cardroom and table licenses shall expire on December 31 of the year for which they are issued.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 975, passed 7-7-1980; Ord. 994, passed 5‑4‑1981; Ord. 1042, passed 2-7-1984)

 

 

111.029  EXCEPTIONS TO LICENSE.

 

A nonprofit society, club or fraternal organization having adopted bylaws and duly elected directors and members may be granted a permit at an annual fee of $500, expiring on December 31, when it appears that the tables are for the exclusive use of members of the society, club or fraternal organization, and no charge is made for participation.  The society, club or fraternal organization shall have been in continuous existence, actively conducting its affairs in the city for a period of two years immediately preceding application for a license, and only if the conduct of a cardroom is not the primary reason for existence of the society, club or fraternal organization.

(1977 Code, ‘ 6-11)  (Ord. 855, passed 1-3-1977; Ord. 975, passed 7-7-1980)

 

 

OCCULT ARTS

 

 

111.080  LICENSE REQUIRED.

 

It shall be unlawful from and after the passage of this subchapter for any person to engage in the business of telling fortunes or the practice of necromancy, conjuration, spiritualism, mesmerism or any of the occult arts or sciences for the purpose of healing or otherwise within the corporate limits of the city for a fee or consideration of any kind, without first having obtained a license from the City Recorder so to do.

(1977 Code, ‘ 6-3)  (Ord. 554, passed 10-16-1939)  Penalty, see ‘ 111.999

 

 

111.081  APPLICATION; FEES.

 

 

Any person desiring to engage in the business of telling fortunes or the practice of necromancy, conjuration, spiritualism, mesmerism or any of the occult arts or sciences for the purpose of healing or otherwise, for a fee or consideration paid directly or indirectly, shall apply to the City Recorder for a license and at the time of making the application shall deposit with the City Recorder the sum of $10, which application shall be presented to the City Council at its next regular meeting and shall be then considered by the City Council; and if the application be approved by the Council, the City Recorder shall thereupon issue a license to the applicant upon the payment of $10 license fee; and the license shall authorize the person to engage in the business or practice described in the license for a period of one week; provided, however, that the licensee prior to the expiration of the period of one week may pay an additional $5 which will automatically extend the license period for an additional week; and the license may continue from week to week upon payment of the $5 until the same shall be revoked by order of the City Council of this city.  In the event the license be not granted, the City Recorder shall return the application, together with the $10 fee paid.

(1977 Code, ‘ 6-3)  (Ord. 554, passed 10-16-1939)

Cross-reference:

Occult arts, see also 110.005

 

 

 

111.999  PENALTY.

 

(A)  Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ‘ 10.99.

 

(B)  Any person violating any of the provisions of ” 111.001 through 111.006, upon conviction thereof, shall be punished by a fine not to exceed the privilege license fee amount plus court costs.

 

(C)  Violation of, or failure to comply with, any provision of ” 111.020 through 111.029 is punishable, upon conviction, by a fine not to exceed $1,000, or imprisonment in jail not to exceed one year, or both the fine and imprisonment.

(1977 Code, ‘ 6-11)

 

(D)  Violation of any provision of ” 111.045 through 111.047 is punishable by a fine not to exceed $150.

(1977 Code, ‘ 6-5)

 

(E)  Violation of any provision of ” 111.060 through 111.067 is punishable by a fine not to exceed $200, or by imprisonment not to exceed 60 days, or by both the fine and imprisonment.

(1977 Code, ‘ 6-4)

 

(F)   Violation of any provision of ” 111.080 and 111.081 is punishable by a fine not to exceed $100.

(1977 Code, ‘ 6-3)

(Ord. 554, passed 10-16-1939; Ord. 579, passed 8-5-1941; Ord. 630, passed 10-18-1948; Ord. 855, passed 1-3-1977; Ord. 870, passed 3-28-1977; Ord. 871, passed 3-28-1977; Ord. 874, passed 3-28-1977; Ord. 1123, passed 6-1-1992)

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