HomeMy WebLinkAboutOrdinance - 300 - Regulate and License Mechanical Amusement Devices - 05/27/1975 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
�. ORDINANCE NO. 300 :f
AN ORDINANCE REGULATING AND LICENSING MECHANICAL AMUSEMENT
DEVICES AND PROVIDING A PENALTY .
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS
AS FOLLOWS:
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SEdTION 1. DEFINITION
A. The term machine as used herein means a mechanical amusement device of
any of the following types:
(1) A machine or contrivance, including "pinball" machines, mechanical
miniature pool tables, bowling machines, shuffle boards, electric
rifle or gun ranges, miniature mechanical devices and games or arnuse-
ments patterned after baseball, basketball, hockey and similar games
and like devices, machines, or games which may be played solely for
amusement and not as a gambling device, and which devices or games
are played by the insertion of a coin or coins or at a fee fixed and
charged by the establishment in which such devices or machines are
located, and which contain no automatic payoff devices for the return
of money, coins, merchandise, checks, tokens or any other thing or
item of value; provided, however, that such machine may be equipped
to permit a free play or game.
(2) Amusement devices designed for and used exclusively as rides by
children, such as, but not limited to, kiddie cars, miniature airplane
rides, mechanical horses, and other miniature mechanical devices, not
operated as a part of or in connection with any carnival, circus, show, or other
entertainment or exhibition;
(3) Music boxes which are coin operated.
B. "Amusement Centers" means the operation by any person, firm, partnership or
corporation of:
(1) Ten (10) or more machines.
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(2) For public use.
(3) Upon premises solely within one enclosure.
(4) Said enclosed premises are devoted exclusively to the operation of
mechanical amusement devices.
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SECTION 2. LICENSE REQUIRED.
A. No person, firm, partnership or corporation shall keep, operate, maintain
or permit to be operated or maintained upon premises within his direct or
indirect control within the City any machine, unless such person, firm,
partnership or corporation shall have first procured a License as hereinafter
provided.
B. No person, firm, partnership or corporation shall own, operate or permit
operation of an Amusement Center on premises owned, leased or operated
by him, or engage in the business of operating an Amusement Center, in the
City unless an annual Amusement Center License has been obtained. Such a
Amusement Center License shall be in lieu of any other license required
by this Ordinance and specifically Section 4 A (1) and (2) hereof. A person,
firm, partnership or corporation licensed as an Amusement Center shall be
exempt from the provisions of Sections 8 B and 9 B.
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SECTION 3. APPLICATION.
The application for such licenses shall contain the following information:
A. Name and address of the applicant, age, date and place of birth.
B. Prior convictions of applicant, if any.
C. Place where machine or device is to be displayed or operated and the business (l
conducted at that place.
D. Description of machine to be covered by the license, mechanical features, name of '
manufacturer, and serial number.
E. If the interest of the applicant be that of a corporation or other business entity,
the names of any persons having a five percent (5%) or more interest in said
business entity be listed.
F. All applications for an Amusement Center License shall conform to the provisions
of this Section, but shall also include a statement that the applicant, if requested
by the Manager, will permit a record of his fingerprints to be made by the Public
Safety Department of Eden Prairie for the purpose of additional investigation to
determine whether or not the application should be granted.
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SECTION 4. FEES.
A. The annual fees for licenses required under this Ordinance shall be as provided
by the Eden Prairie License Fee Ordinance and as may be amended.
B. Licenses shall cover an annual period from January lst through December 31st
for each year hereafter; provided, however, that the initial License fee for each
applicant shall be pro-rated as of the date of the application therefor.
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SECTION S . INSURANCE .
If the machine is of the type described in Paragraph A (2) of Section 1, the applicant
shall also submit with his application a policy or duplicate policy of liability insurance
applicable to death or injury caused by the operation of the licensed machine, in the
minimum amounts of .$1,00, 000 for injury to or death of any person, or $300, 000
for one accident.
SECTION 6. INSPECTION.
A. Application for license shall be made in duplicate, and one copy shall be referred
to the Director of Public Safety, or his designated inspector who shall investigate
the location wherein it is proposed to operate such machine, ascertain if the
applicant is a person of good moral character, and either approve or disapprove
the application. No license shall be issued to any applicant unless approved by
the Director of Public Safety, or his designated inspector.
B. Each machine licensed under this Ordinance shall be inspected by the Department
of Public Safety which shall affix a plate or tag to each machine evidencing its
being licensed under this ordinance.
SECTION 7 . DISPLAY OF LICENSE.
The license or licenses herein provided for shall be posted permanently and conspicuous- t
ly at the location of the machine in the premises wherein the device is to be operated or
maintained to be operated.
SECTION 8. TRANSFERABILITY.
A. The license may be transferred from one machine or device to another similar
machine upon application to the License Division to such effect and the giving of
a description and the serial number of the new machine or device. 3
B. Not more than one machine shall be operated under one license, and the applicant
or licensee shall be required to secure a license for each and every machine dis-
played or operated by him.
C. Licenses are issued for one location only, and such licenses are nontransferable
between locations.
SECTION 9 . LOCATION OF MACHINE.
A. No machine shall be located, placed, maintained or operated on any public street,
avenue, boulevard, lane, alley or other public ground within the City. No machine
shall be so located that its operation will create a nuisance.
B. Maximum number of machines as defined in Section 1 A . (1) (2) and (3) shall be
limited to ten (10) in number at any one location or any one business establishment.
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SECTION 10. MULTIPLE MACHINES.
No such machine shall be so constructed, maintained or operated as to be capable
of taking more than one coin, token or slug per player for any one game.
SECTION 11. USE FOR GAMBLING.
It shall be unlawful for the owner of any such machine, or for the owner or operator of
any establishment where it is located, to permit the same to be used for gambling or
for the making of bets or wagers.
SECTION 12. PAY-OFFS.
It shall be unlawful for the licensee or for the owner or operator of the establishment
where such machine is located to give any money, token, merchandise or any other
thing of value or any reward or prize in lieu of free games registered on such machine,
and all free games so registered shall be played on the machine registering such free
game, and there shall be no device on the machine whereby the operator can cancel
registered free games.
SECTION 13. AUTOMATIC PAY-OFFS. `
No person shall keep, maintain, sell or permit to be operated in his, its, or their place
of business any machine which has been converted into an automatic pay-off device Y
which shall discharge coins, checks or other tokens to the operator or player of such
machine. No person 'shall convert any machine into an automatic pay-off device.
SECTION 14. DESTRUCTION OF ILLEGALLY OPERATED MACHINES.
Any machine which shall have been made use of in violation of Sections 11, 12 or 13
of this ordinance may be seized and destroyed in compliance with the provisions of
the Statutes of the State of Minnesota relating to gambling devices.
SECTION 15. CERTAIN MACHINES NOT REGULATED.
Nothing in this Ordinance shall be held to apply to any machine held or kept for sale
or storage and which is not actually in use or displayed for use.
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SECTION 16. AMUSEMENT CENTERS - RESTRICTIONS.
A. No Amusement Center nor any coin-operated amusement device or coin-
operated musical device therein shall be operated so as to constitute a
public nuisance.
B. It shall be the responsibility of the licensee to maintain order on the licensed
premises at all times.
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C. It shall be the responsibility of the licensee to see that the licensed premises
do not become overcrowded so as to constitute a hazard to the health or safety
of persons therein . The City Manager may designate the maximum number of
persons to be permitted on the licensed premises.
D. The licensee shall provide a full-time adult attendant upon the licensed pre-
mises during business hours.
E. It shall be unlawful for any person, firm, partnership or corporation engaged
in the business of operating an Amusement Center to sell, offer for sale, or
knowingly permit to be sold or offered for sale or to be dispensed or consumed
or knowingly brought on the licensed premises any alcoholic beverages, or
narcotic drugs, or to knowingly allow any illegal activity upon the licensed
premises.
F. Every Amusement Center licensed under this Article shall have affixed on its
premises in plain view a decalcomania evidencing the issuance of its license
and each machine on the licensed premises shall have affixed to it a plate or sticker
evidencing its being licensed under this Ordinance.
G. The license required and described in this Section shall be purely a personal
privilege and shall not constitute property . It is not transferable in any manner.
H . No food or beverages shall be sold or dispensed upon the licensed premises,
nor shall the licensee engage in any commercial activity upon the licensed
premises other than that of operating amusement machines.
SECTION 17. SEV ERABILITY.
If any part of this ordinance shall be adjudged to be invalid by a court of competent
jurisdiction, such judgment or decree shall not affect or impair the remainder of
this ordinance.
SECTION 18. PENALTY.
Any person who violates or fails to comply with any provision of this ordinance
shall be guilty of a misdemeanor, and subject to a fine of not to exceed $300.00,
or imprisonment for a period not to exceed ninety (90) days, with costs of pro-
secution in either case to be added. Such penalty may be imposed in addition to
revocation or suspension of license. The licensee under this Ordinance, whe'her
or not lie is in direct control of a machine described in Section 1 hereof, or the
premises upon which said machine is located, may be charged underthisordinance for
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any violation thereof, by virtue of his responsibility as licensee hereunder, and by
virtue of his indirect control of said machine and premises, resulting from his
being the licensee.
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FIRST READ at a regular meeting of the Council of the City of Eden Prairie, this
27thday of May , 1975, and finally read, adopted and ordered published
at a regular meeting of the Council of said City on the 3rd day of June 1975.
David W. Osterholt, Mayor
ATTEST:
John rCity Cler ( SEA LIry
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OSUNNE SPAPERS
AFF!D YIT F PUBLICATION
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6"1 W. 78th St. Bloomington, Minnesota `Y
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State of Minnesota
County of Hennepin 1 '
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J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Hopkins-Minnetonka Sun and ,
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the �. r
English language in newspaper format and in column and sheet form equivalent in printed space31
to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once ! � § pt°
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each week. (3) Said newspaper has 50:, of its news columns devoted to news of local interest to M , r
the community which It purports to serve and does not wholly duplicate any other publicationC00
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and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper ; < afthisotdinance, d R 33
is circulated in and near the municipalities which it purports to serve, has at least i500 copies Af.TY i
regularly delivered to paying subscribers. has an average of at least 75% of its total circulation violates or fails to �1 agy
of this 4w,
currently paid or no more than three months in arrears and has entry as second-class matter -MOO ailtyVisnof a mirr,.
in its local post-office. (5) Said newspaper purports to serve the Cities of Hopkins and Eden
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Prairie and that portion of Minnetonka serving School District No. 274 in the County of Hennepin PSM' or(ntprisonmeat' w Y�tltstj n a
and it has its known office of issue in the City of Bloomington in said County, established and open "tip` exceednbaety„(t10) t ,� t .
during its regular business hours for the gathering of news, sale of advertisements and sale of of, rosecution in
subscriptions and maintained by the managing officer or persons in its employ and subject to hie alp"' Stich penalty
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direction and control during all such regular business hours and devoted exclusively during such a of license- Theo
regular business hours and devoted exclusively during such regular business hours to the business rl. this Ordinance, m _
of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue inditectcontrolal 'ram
immediately with the State Historical Society. (7) Said newspaper has complied with all forego- "; bed in.Section.1...
Ing conditions for at least two years preceding the day or dates of publication mentioned below. A" " upon waded
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(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 19ti8 �� located. may.beardinsnceforaay >A ' �''" �``,'
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and tiyvioeof his
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signed by the publisher of said newspaper and sworn to before a notary public stating that the haeurder,,
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newspaper is a legal newspaper. ,N � cW&W of
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Ordinance No 3� yofMay 1975,and �
He further states on oath that the printed • P4�and'adered
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed meeoftbe
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and published therein in the English language, once each week, for One auceessive weeks; 37g
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that it was first so published on ThUrS thr l� day of �U g 19 75 'g
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and was thereafter printed and published on every to and including )
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_the -day of 19- and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being a-; t
the size and kind of type used in the composition and publication of said notice, to-wit: Its
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Subscribed and sworn to before me this 10 day of July ?5
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Notarial Seal)
Muriel fr. Quist.- otar Pubti enne in Count Minn.
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My Commission Expires July 28th, 1978
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