A “game of skill,” as used in this chapter, means and includes all games involving an element of skill capable of being played or operated, with or upon, any electronic or mechanical device or machine of any kind, nature or description in the playing or operation of which a player may be entitled to receive, whether automatically or otherwise, any merchandise awards, or any right to further operate said machine or device. (Ord. 79-39 § 2, 1979)

It is unlawful for any person, firm or corporation to operate within the city any game of skill without first obtaining a license therefor, in accordance with the provisions of this chapter. This license is in addition to any business license that may be required under chapter 5.04 BIMC. (Ord. 2018-21 § 4, 2018: Ord. 79-39 § 1, 1979)

Any person, firm or corporation desiring to maintain, keep or operate any such game of skill, as defined in Section 5.24.010, shall make written application for license to do so and file the same with the city clerk. Such application shall state the name of the applicant and address and place of business at which any of said machines shall be maintained and operated, a description of such game or device for which license is applied for and the total number of games desired to be covered by the license. (Ord. 79-39 § 3, 1979)

Each license shall be issued for a period of one calendar year. The calendar year license fee for each license shall be an amount as established by resolution of the city council for each establishment where games of skill are maintained. In addition there will be a fee as established by resolution of the city council per machine per calendar year. The license fee shall be payable prior to January 31st for the year required or prior to commencement of business in the city. For any license procured after the applicable date required in this section, there is assessed and shall be collected by the city clerk, in addition to the required annual license fee, a penalty as established by resolution of the city council, of the annual license fee for each month or part of a month accruing between the time such license is procured and the time when the same should have been procured under the terms of this chapter. (Ord. 88-16 § 11, 1988: Ord. 79-39 § 4, 1979)

Upon approval of the application and payment of the fee, as provided in Section 5.24.030, the city clerk shall issue to the applicant a license to operate said machines or devices for which license has been applied. The license shall be procured by the licensee prior to January 31st of the calendar year for which required or prior to commencement of business in the city. (Ord. 79-39 § 5, 1979)

All licenses issued under Section 5.24.040 shall expire on the last day of each calendar year. The fees for the license for each establishment where games of skill are maintained shall not be prorated for a partial year. The additional fee per machine per calendar year shall be prorated for any license procured after June 1st at the rate of one-half of the fee per machine per calendar year. (Ord. 82-26 § 1, 1982: Ord. 79-39 § 6, 1979)

The license issued under this chapter shall be personal and nontransferable and shall at all times be conspicuously posted in the place of business for which it is issued. Where the location of business of the taxpayer is changed, the taxpayer shall return the license to the city clerk and a new license shall be issued for the new location of business without charge for the transfer. No person to whom a license has been issued pursuant to this chapter shall permit or allow any other person to operate any business or display his license, nor shall such other person operate under or display such license. (Ord. 79-39 § 7, 1979)

In addition to the general qualifications of licensee set forth in this chapter, no license for the operation of games of skill shall be granted or issued to the following persons:

A. Any person who has been convicted of violation of federal, state or city laws or ordinances regulating the manufacture, transportation, possession or sale of narcotics or intoxicating liquors or of any crime involving moral turpitude within a period of three years next prior to the date of making applications for such license;

B. Any person who names another person to have the active management of such place where games of skill are maintained for public use for hire, who has been convicted as described in subsection A of this section or had a similar license previously revoked;

C. Any person, where in the opinion of the city council the location for said place where games of skill are maintained for public use for hire is not proper or for the best interest of public safety or morals. (Ord. 79-39 § 8, 1979)

The city clerk may refuse to issue a games of skill license, or may cancel or revoke such license after it has been issued, if it is learned that the same was procured by fraud or false representation of facts, or that the applicant or permittee has failed to comply with the provisions and requirements of this chapter, or which, in the opinion of the chief of police, will be detrimental to the public peace, health or welfare. Any person may appeal the cancellation or revocation of a games of skill license under the provisions of the hearing examiner ordinance. It shall be the duty of all licensees granted licenses for games of skill to comply with the following regulations and the failure of any licensee to do so shall constitute, but shall not be exclusive grounds for suspension or revocation of any license, a violation of this chapter and in the event of such revocation, no part of the unearned portion of the license fee shall be refunded: to have no one employed on the premises covered by the license who has been convicted of a violation of the state or city laws or ordinances relative to gambling within one year from the date of such revocation. (Ord. 79-39 § 9, 1979)

Any person, firm or corporation violating any of the terms or provisions of this chapter shall, upon conviction thereof, lose their license and be fined $500.00, or be punished by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 79-39 § 10, 1979)