[HISTORY: Adopted by the Village Council of the Village of New Haven 9-8-1981 by Ord. No. 179. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MECHANICAL AMUSEMENT DEVICE
- A machine, other than a music device, which, upon the insertion of a coin or slug, operates or which may be operated for use as a game, contest or amusement of any description or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of slugs, money, coins, checks, tokens or merchandise or which provides for no such payoff in any other manner or means.
- MUSIC DEVICE
- A machine or mechanical device which, upon the insertion of a coin or slug, produces or reproduces music.
- Any person, firm, corporation or other entity who or which contracts for or who or which permits the operation of any mechanical amusement device, vending machine or music device from which he or it receives any portion of the profits or income less than the total amount thereof, whether such machine or device is installed or operated in his or its own or in another's place of business.
- Any person, firm, corporation or other entity who or which actually owns and has title to any such mechanical amusement device, vending machine or music device and who or which receives all of the profits and income from the operation of such device or machine used or operated in his or its own place or places of business.
- VENDING MACHINE
- A mechanical device which, upon insertion of a coin or slug, returns to the player thereof the value of his money in merchandise.
No owner, as hereinbefore defined, shall permit any mechanical amusement device, vending machine or music device to be used or operated in his own place of business or on his premises nor shall any operator, as hereinbefore defined, permit any such device from which he receives any portion of the profits or income to be used or operated within the Village of New Haven until a machine license fee has been paid and license issued, as hereafter provided; nor shall any person, firm or corporation permit any such machine or device to be installed in his or its place of business or on his or its premises until proper application has been made for such license as herein required. No such license shall be transferable from one machine to another.
Application for the above-required machine licenses shall be made in writing to the Village Clerk. Such application shall state the name and address of the owner of such machine and shall further state the location where such machine shall be operated and shall also state the type, serial and number of such machine, the nature of the amusement supplied or article vended, and the proposed location thereof, and such other information as may be required by the Village Clerk. A separate application shall be made and license issued for each machine or device to be operated.
The applicant shall pay to the Village Clerk the following fees:
For each cigarette vending machine: $20 per year.
Mechanical amusement devices: $30 per year.
All licenses shall expire on March 31 of each year unless sooner revoked by the Village Council.
The Village Clerk is hereby authorized to permit the transfer of a license from one amusement device to another amusement device, or from one vending machine to another vending machine of the same type, or from one music device to another music device, upon a good and proper showing that the device or machine from which said license is transferred has been taken out of the Village of New Haven; and no such mechanical amusement device, vending machine or music device so taken out of use in the Village of New Haven shall be replaced in use until a new license has been secured for the same.
Every mechanical amusement device, vending machine or music device so licensed shall bear suitable identification marks and numbers, which shall be written by the Village Clerk upon the license issued for such device or machine, and such license shall be permanently affixed to such device or machine so as to be visible at all times, and every such machine shall bear the owner's name and address thereon in a conspicuous place.
It shall be unlawful for any person, firm or corporation to change or alter any amusement device after the same has been licensed by the Village of New Haven.
The Village Council or its designated representative is hereby authorized to limit the number of coin-operated amusement or music devices in any one establishment or place of business.
No device shall display, expose, produce or emit any motion picture, printed matter, advertisement, writing, song, recitation, speech, music or other matter that is obscene, indecent, pornographic or contrary to good morals.
The Village Council may revoke the license of any person, firm or corporation convicted of violating any of the terms of this chapter, and no license shall be issued to any such person, firm or corporation within one year from the date of the revocation.
No person shall permit any mechanical amusement device, as hereinbefore defined, to be played by any minor under the age of 18 years; and no such mechanical amusement device shall be permitted in any establishment or place of business where minors under the age of 18 years are habitually permitted to congregate; provided, however, upon application to the Village Council, the foregoing age limit may be waived and replaced by another age limit to be determined by Council if the applicant satisfies the Council that the facility which is being operated is adequately supervised and the applicant presents rules satisfactory to the Village Council governing the operation of the facility and the conduct of its customers. If the Council at any time determines that the facility is not being adequately supervised or is not being operated in accordance with the rules presented to it, it may either revoke the license of any person, firm, corporation or other entity operating the facility or reimpose the eighteen-year-old age limit.
Any machine, apparatus, contrivance or device which shall have been made use of for gaming or gambling may be seized and destroyed in compliance with the terms and provisions of the statutes of the State of Michigan relating to gaming devices.
[Amended 1-13-2015 by Ord. No. 333]
Any person who shall own or operate any such mechanical amusement device, vending machine or music device without first paying the license fee therefor, or who shall operate such machine or device or permit the same to be operated for gaming, or who shall otherwise violate the terms of this chapter, shall be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.