HomeMy WebLinkAboutMC-192
"
1
ORDINANCE NO.
IV:::-192
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.44
OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR INCREASES IN
3 THE ANNUAL PERMIT RENEWAL FEE AND THE INVESTIGATION FEE REQUIRED
FOR GAME MACHINE OPERATORS, TO REQUIRE EACH BUSINESS OWNER TO LIST
4 GAME MACHINES ON PREMISES, TO PROVIDE THAT ANY UNTAGGED OR
UNLICENSED GAME MACHINE SHALL BE A NUISANCE, SUBJECT TO
5 DISCONNECTION, TO PROVIDE FOR RECONNECT I ON AND ASSESSMENT OF
RECONNECT ION AND ADMINISTRATIVE FEES, TO AMEND SUSPENSION AND
6 REVOCATION PROVISIONS, TO DECLARE CERTAIN VIOLATIONS TO BE
MISDEMEANORS, N,D REPEALING SECTION 5.44.020C.
7
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
8 ORDAIN AS FOLLOWS:
9
SECTION I. Section 5.44.025 is hereby added to the San
iO Bernardino Municipal Code to read as follows:
1I
"5.44.025 Responsibilities of business operator upon whose
12 premises game machines are found.
J3
A.
It is unlawful for any person operating any business
14 enterprise within the City to have in operation upon the premises
15 of such person any coin-operated game machine as defined in this
16 chapter which does not have affixed thereto or posted in a
17 conspicuous place nearby the tag or plate issued under this
18 chapter as required by Section 5.44.080. This section shall not
19 apply to a person owning, operating and maintaining not more than
20 two coin-operated games as an incidental business used at a local
21 place of business having the requisite business license pursuant
22 to Article I of this title, so long as the person actually owns,
23 operates and maintains the machine himself.
24
B. Any person operating any business enterprise within the
25 City which has in operation upon the premises of such person any
26 coin-operated game machine as defined in this chapter shall, at
27 the time of renewal of the annual business license for such
28 business, provide to the City Clerk a list of all game machines
, .
MC-192
... , -
1 then on the premises, and the names and addresses of the
2 distributors of each such machine.
3 C. Each such business operator shall notify the City Clerk
4 within ten days after any change is made in the number of game
5 machines on his premises for which a license is required, or after
6 any change in the name or address of the distributor of any such
7 machine is made. Any such person shall also notify the City Clerk
8 i~nediately if an untagged game machine is installed upon his
9 premises. "
10 SECTION 2. Section 5.44.030 Subsection A of the San
11 Bernardino Municipal Code is amended to read as follows:
12 "A. An applicant for a game machine operator's permit shall
13 submit an application to the City Clerk which application shall be
14 under penalty of perjury and upon a form supplied by such City
15 Clerk. Such application shall include the true names, addresses.
16 and past criminal record, if any, of the applicant and of all
17 persons financially interested in the applicant's business, and
18 such other information as may be deemed necessary by the City
19 Clerk, Chief of Police and Mayor and Common Council to determine
20 whether such game machine operator's permit shall be granted. The
21 application shall be accompanied by a fully executed fingerprint
22 card as to each such applicant, prepared under the direction of
23 the Chief of Police. An applicant shall pay a fee of two hundred
24 fifty dollars to cover the costs of the investigation required by
25 Section 5.44.040, and shall provide to the Chief of Police a money
26 order payable to the California Department of Justice in such
27 amount as required by that agency to process its report to the
28 City based upon the fingerprint card provided. A fifty dollar
-2-
"
Me-In.
". . -. J"
I annual permit fee shall be paid at the time of issuance of a
2 permit, which fee shall be prorated in the event that a permit is
3 only for part of a year. A permit may be renewed annually upon
4 payment of the annual permit fee."
5
SECTION 3. Section 5.44.070 of the San Bernardino Municipal
6 Code is amended to read as follows:
7 "Upon the issuance of any game machine operator's permit, the
8 applicant therefor shall notify the City Clerk in writing of the
9 location of each coin-operated game machine, and in the event of
10
lany change
notify the
in the location of any machine, the permittee shall
11
City Clerk of the change within ten days including the
12 address of the new location. At the time of issuing a business
13 license for any coin-operated game machine, the City Clerk shall
14 issue a tag or plate for each machine to be operated by the game
15 operator within the City limits, and such tags or plates shall be
16 given serial numbers consecutively in the order of their issuance.
17 The tags and plates shall be of wear-resistant materials."
18
SECTION 4. Section 5.44.080 of the San Bernardino Municipal
19 Code is amended to read as follows:
20 "Every game machine operator shall at all times have affixed
21 to or posted conspicuously nearby each coin-operated game machine
22 regulated under the terms of this chapter the tag or plate issued
23 under this chapter."
24
SECTION 5. Section 5.44.085 is added to the San Bernardino
25 Municipal Code to read as follows:
26
"5.44.085 Display of information concerning distributor.
27 Every coin-operated game machine regulated under the terms of
28 this chapter shall at all times have affixed thereto in a
-3-
Me-In.
." .
,"
. '. ......
1 conspicuous place thereon a tag, label, owner identification card
2 or other identifying device listing the name, current address, and
3 current telephone number of the distributor of such game machine."
4
SECTION 6. Section 5.44.086 is added to the San Bernardino
5 Municipal Code to read as follows:
6
"5.44.086 Untagged machines; nuisance; reconnection fees;
7 administrative fees.
8
A. Any machine not having the tags required by Section
9 5.44.080 or the information required by Sections 5.44.085 and
10 5.44.025 Subsection B is declared a nuisance, and shall be subject
]1 to disconnection by the City. A representative of the City shall
12 be authorized to disconnect and render said machine inoperative,
13 following which the machine shall not be reconnected or returned
14 to operation within the City until the game machine operator has
15 paid to the City Clerk a reconnect fee of twenty-five dollars and
16 has paid the business license fee applicable to each machine under
17 Section 5.04.275 of the Code. No person shall reconnect any
18 machine which has been disconnected or rendered inoperative by a
19 representati ve of the City, without prior payment of the reconnect
20 fee to the City. No operator of the business upon whose premises
21 the machine is located shall permit any such machine to be
22 reconnected without prior payment of the reconnect fee.
23
B. The City Clerk shall assess the person operating a
24 business enterprise within the City upon whose premises one or
25 more untagged game machines are found for each such untagged game
26 machine, and for each game machine for which the information
27 required under Sections 5.44.085 and 5.44.025 Subsection B has not
28 been provided, an administrative fee in an amount computed to
-4-
Me-In
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
.
19
20
21
22
23
24
25
26
27
28
,
. . .
'-
cover the average cost of investigating, locating, disconnecting
and controlling untagged game machines and inadequately identified
gane machines. This assessment shall be the average cost of such
procedures, initially in an amount of fifty dollars, for each such
untagged game machine, and for each such inadequately identified
machine, which administrative fee shall hereafter be subject to
periodic review and determination by the City Clerk based upon the
experienced costs of such control and regulation. Such assessment
shall be in addition to any reconnection fee
5.44.086 Subsection A.
No such fee shall be assessed as to any
such un tagged machine when the business operator has notified the
City Clerk, under the provisions of Section 5.44.025 Subsection B,
in advance of the City Clerk's representative appearing at the
scene, that such un tagged machine was located upon the premises.
Any fee assessed by the City Clerk shall be subject to appeal by
the person assessed to the Mayor and Common Council. Failure to
pay any assessment within ten days after notice of imposition
thereof, or, if appealed, within ten days after decision by the
Mayor and Common Council, shall be an omission justifying
suspension of any business licensee's business license under the
provisions of San Bernardino Municipal Code Section 5.04.650. In
the alternative, the City Clerk may notify the person assessed
that the business license for those premises will not be renewed,
or reissued until all outstanding assessment fees have been paid."
SECTION 7. Section 5.44.100 of the San Bernardino Municipal
Code is amended to read as follows:
"The City Clerk shall have the power, for good cause shown,
to revoke or suspend any game machine operator's permit issued
-5-
Me-l92 '.
1
.
2
3
4
5
6
7
8
9
JO
II
12
J3
]4
]5
16
17
18
]9
20
21
22
23
24
25
26
27
28
.
.
, .
,
under this chapter. Failure to pay any reconnect fee provided for
in Section 5.44.086, or any conduct deleterious to the public
health, welfare or morals, and the existence of any of the reasons
for a denial of a permit as set forth in Section 5.44.050, shall
each constitute good cause for suspension or revocation. Any such
suspension or revocation shall be subject to appeal to the Mayor
and Common Council as provided for in Chapter 2.64 of the San
Bernardino Municipal Code, and the suspension or revocation shall
be stayed pending the hearing before the Mayor and Common
Council. II
SECTION 8. Section 5.44.130 is added to the San Bernardino
Municipal Code to read as follows:
"5.44.130 violation -- Penalty.
Any person violating any provision of this chapter or failing
to perform the duties imposed hereunder shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine of not more than five hundred dollars, or by imprisonment in
the County jail for a period not exceeding six months, or by both
such fine and imprisonment."
SECTION 9. Section 5.44.020 Subsection C of the San Bernardiro
Municipal Code is hereby repealed.
SECTION 10. The Mayor and Common Council specifically
determine that the increased fees provided for herein represent a
reasonable estimate of the actual expenses incurred by the City in
processing the initial investigation, and in processing the annual
renewal and in supervising the operation of each game operator's
permit, it being the further finding of the Mayor and Common
Council that the fees previously assessed are no longer adequate
-6-
MC-In.
. . .
. .
"
.
. "
- -
, '
, '
. .
. .
1 based upon the increased responsibility in investigating and
2 supervising the operations of game machine operators.
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
meeting thereof, held on
regular
6
the 19th day of
, 1982, by the following vote,
July
7 to wit:
8
Council Members Reillv, Hernandez, Ouiel, Hobbs,
AYES:
9
Strickler
10
NAYS: None
11
ABSENT: Council Member Castaneda, Botts
12
~?Zm~AIV
/' City Clerk
13
14
The foregoing
~7. ?
J' ...
ordinance is hereby approved t .
15
of
, 1982.
16
17
18
Approved as to form:
/?~~;;
City ttorney
19
20
21
22
23
24
25
26
27
28
-7-