81-001 ORD
CITY OF ELK RIVER
ORDINANCE NO. 81-1
AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION
OF MECHANICAL AMUSEMENT DEVICES (GAMES OF SKILL)
Section 710 - Mechanical Amusement Devices
710.00 - Definitions.
combination of words, terms
shall have the meanings set
Unless the context clearly indicates otherwise, the
and phrases as used in this Section 710.00 et. seq.
forth in the following paragraphs:
1. "Mechanical Amusement Device" shall mean any machine which upon the
insertion of a coin, slug, token, plate or disk may be operated by the
public generally for use as a game, entertainment or amusement, whether
or not registering a score. It shall include such devices as marble machines,
pinball machines, skillball, mechanical grab machines, mechanical pool
tables, mechanical bowling lanes, and all games, operations, or transactions
similar thereto under whatever name they may be indicated.
2. "Mechanical Ride" shall mean a device which upon the insertion of a
coin, slug, token, plate, disk, or key into any slot, crevice, or other
opening, or by the payment of any price, operates or may be operated in
such manner as to produce motion of any type on or within such device for
the entertainment of a person or persons.
3. "Antique Amusement Machines" shall mean machines including but not limited
to player pianos, antique picture viewing machines, and coin-operated card
vending machines which have an antique design and style and which are used
on the premises primarily to create atmosphere.
710.02 - License Required - Gambling Devices Not Permitted.
1. Any person displaying for public patronage or keeping for operation any
mechanical ride, mechanical amusement device, or antique amusement machine
as herein defined shall be required to obtain a license as herein provided.
2. No license or license fee shall be issued to any applicant who is not
a citizen of the United States and who is not eighteen (18) years of age
or older.
3. Nothing in this ordinance shall in any way be construed to authorize, :
license or permit any gambling devices whatsoever as defined by state law
or any mechanism that has been judicially determined to be a gambling device
under the laws of the State of Minnesota.
710.04 - Application. Application for such license shall be made to the
Clerk-Administrator upon forms proscribed by him. The required license may
be secured either by the owner of the machine or by the person in whose
place of business the machine is to be placed for use by the public. The
application shall contain the following information:
"
Ordinance 81-1
Page Two
1. Name, address, age, and date and place of birth of the applicant.
2. Prior convictions of criminal offenses of applicant, if any.
3. The place where the machine or device is to be displayed or operated
and the business conducted at that place.
4. A description of the machines or devices to be covered by the license
including mechanical features, name of manufacturer and serial number.
710.06 - Investigation and Issuance. One copy of the application shall be
referred to the Chief of Police or his designated inspector who shall in-
vestigate the proposed location of the machine .(s) and ascertain if the
applicant is a person of good moral character. The Chief of Police shall
submit a written report to the Council, which in its discretion may grant
or refuse the permit.
710.08 - License Fees and Terms.
1. Annual License. The annual license shall be effective for one (1)
year from the date of Council approval, and such license shall be renewed
on the anniversary date of such approval.
a. The annual license fee for a mechanical amusement device shall be
$35.00 per machine.
b. The annual license fee for a mechanical ride shall be $30.00.
c. The annual license fee for an antique amusement machine shall be $10.00.
2. Temporary License. A temporary license shall be $10.00 per machine:
however, if the machines are used in an event where there are thirty (30)
or more such machines, the total temporary fee shall not exceed $300.00.
710.10 - Display of License. The license or licenses herein provided for
shall be posted permanently and conspicuously at the location of the machine
in the premises where the machine is to be operated or maintained.
710.12 - Transferability.
1. The license obtained hereunder may be transferred from one machine or
device to another similar machine upon application to the Clerk-Administrator
which application shall include a description and the serial number of the
transferee machine or device. Not more than one (1) machine or device shall
be operated under one (1) license and the applicant or licensee shall be
required to secure a license for each and every machine displayed or operated
by him.
+,~,
Orjinance 81-1
Page Three
2. Licenses are issued for one location only, and such licenses are non-
transferable between locations.
Repealer. Section 7.06 of the Elk River City Code is hereby repealed.
Section 2. This Ordinance shall be in full force and effect from and after the
date of its publication.
Passed and adopted this 2nd day of February, 1981.
/JM4~
~rd Hinkle
Mayor
ATTEST:
J
V
PUBLIC NOTICE
AFFIDAVIT OF PUBLICATION
State of Minnesota
County of Sherburne
} ss.
Charles F. Dare, being duly sworn on oath says he is and during all the times
herein stated has been the publisher and printer of the newspaper known as
Sherburne County Star News and has full knowledge of the facts herein stated as
follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900
square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 50% of its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly
duplicate any other pUblication and is not made up entirely of patents, plate
matter and advertisements. (4) Said newspaper is circulated in and near the
municipality which it purports to serve, has at least 500 copies regularly
delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry
as second-class matter in its local post-office. (5) Said newspaper purports to
serve the City of Elk River in the County of Sherburne and it has its known office
of Issue in the City of Elk River in said county, established and open during its
regular business hours for the gathering of news, sale of advertisements and sale
of subscriptions and maintained by the publiSher of said newspaper or persons in
his employ and subject to his direction and control during all such regular
business hours and devoted exclusively during such regular business hours to the
business of the newspaper and business related thereto. (6) Said newspaper files
a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is made available at single' or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has complied
with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (9) Said newspaper has filed with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an.
affidavit in the form prescribed by the Secretary of State and signed by the
publiSher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper. '
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He further states on oath that the printed
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hereto attached as part hereof was cut from the columns of said newspaper,
and was printed and publiShed therein in the English language, once each week
for
I
rq41 day o~Yu.-LCd- 19iL and
was thereafter
successive weeks; that it was first so published on Thursday,
the
printed and publiShed every Thursday to anp including 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 the size and kind of type used in the composition and
publication of said notice, to wit:
abcdefgh i i kl mnopqrstuvwxyz
Subscribed and sworn to before me this
~~19
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Notary Public County, Minnesota
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