No person may erect, set up, keep, maintain, or in any respect whatever use for amusement or entertainment within the City, any bowling saloon, bowling alley, nine- or ten-pin alley, or any other device or structure, in or upon which 1 or more pins are set up, for the purpose of casting, throwing, pushing, or rolling against the pin or pins, 1 or more balls or other missiles, without having obtained a license therefor. For this license there shall be annually paid a sum computed at the rate of $40 for each separate “lane” or “alley”, with a minimum license fee for any 1 location or premises to be $100 annually. Nothing in this section, however, shall be construed to require any bona fide religious, charitable, educational, or medical institution, operating 7 or fewer “lanes” or “alleys” to obtain a license, as long as any proceeds from the operation of these “lanes” or “alleys” are devoted to charitable purposes exclusively or in furtherance of the purposes of that institution. City Code, 1879, art. 33, §5 1893, art. 33, §5 1927, art. 25, §4 1950, art. 19 §4 1966, art. 15, §11 1976/83, art. 15, §11 Rev. Ords. 1858-036 Ord. 57-1114 Ord. 70-863 Ord. 81-287 Ord. 99-526

It is unlawful for the proprietor of any bowling alley, device, or structure, or for any person who has a permit or license to erect or keep any bowling alley, device, or structure: to allow any person to play on or use the alley, device, or structure, in any manner whatever, after 2 a.m. and before sunrise in the morning; or to allow any minor under 14 years of age to play on or use the bowling alley, device, or structure after 11 p.m. and before sunrise in the morning, unless in the custody of a parent, guardian, or adult. City Code, 1879, art. 33, §7 1893, art. 33, §7 1927, art. 25, §§6, 7 1950, art. 19, §§6, 7 1966, art. 15, §12 1976/83, art. 15, §12 Ord. 1866-014 Ord. 37-474 Ord. 59-1969 Ord. 99-526

In this Part 3, the following terms have the meanings indicated. “Amusement device” means any electronic or mechanical device that is designed to provide amusement or entertainment and for which a fee is charged to operate or use. “Amusement device” includes any of the following for which a fee is charged to operate or use:video or electronic game; computer console or Internet connection; pinball or console machine; bowling or shuffleboard machine; pool table or poolette; target machine; baseball machine; riding device; claw machine, digger, or rotary merchandiser; jukebox or other music player; player piano; peep show device; or similar device. “Amusement device” does not include:a bona fide vending machine that does not incorporate an amusement or entertainment feature; or a video lottery terminal licensed by the State under State Government Article, Title 9, Subtitle 1A. “Director” means the Director of Consumer Protection and Business Licensing or the Director’s designee. “Simulated slot machine” means any amusement device equipped with a knock-off device that enables an owner or custodian of the device to remove free plays or other game credits accumulated by a winning player. Ord. 04-706 Ord. 10-337 Ord. 22-125 For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>. For the Code-wide standard definition of “includes” and “including”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-105">§ 1-105</cite>.

No person may permit any amusement device on his, her, or its premises to be used by the public unless the person first obtains from the Director a license for that device. For a simulated slot machine, if the device has been registered by the owner under <cite data-path="|15|§2-13">§ 2-13 of this subtitle</cite>, the device is exempt from the license fee provided for in <cite data-path="|15|§2-15|(a)">§ 2-15(a) of this subtitle</cite>. No person may own, control, or possess more than 5 simulated slot machines unless that person first obtains from the Director a master’s license. The application for a license must be in the form that the Director requires. In addition to any other information that the Director requires, the application must include:the name, address, and telephone number of the applicant; a description of the device or devices; the location of the device or devices; and the name, address, and telephone number of the owner of the device or devices. A device may be transferred to another licensee or to another location on:approval from the Director; and payment of the required transfer fee. Ord. 04-706 Ord. 10-337

The owner of any amusement device that is located in the City must register that device with the Director. The registration must be made in the form that the Director requires. In addition to any other information that the Director requires, the registration must include:the name, address, and telephone number of the owner; the name, address, and telephone number of any lessee or other person who possesses the device; and a description of the device. The owner must report to the Director, within 30 days of the event:any newly acquired amusement devices; the transfer of ownership or location of any registered amusement device; and any other change in the registration information provided. Ord. 04-706 Ord. 10-337

Each license issued and each registration filed under this Part 3 expires annually on December 31, unless renewed. The application for renewal of a license or registration must be made in the form that the Director requires. Ord. 04-706

The annual license fee for an amusement device is $180 per device. The annual fee for a simulated slot machine master’s license is $5,000. The fee for a transfer of a licensed device is $10. For simulated slot machines, the annual registration tax is as follows:for each of the first 5 devices – $2,250 per device; for each additional device up to the 20th – $1,750 per device; and for each device in addition to 20 – $1,250 per device. For all other types of amusement devices, the annual registration tax is as follows:$200; plus $50 per device. The annual fee or tax for less than a full initial year is prorated quarterly. No refunds, in whole or in part, may be made of any of the fees or taxes paid under this Part 3. Fees and taxes required to be paid under this Part 3 for simulated slot machines may be made in equal quarterly installments if:an additional service charge is paid with each quarterly payment; all payments required by this Part for the previous year have been made; and by January 1 of each year in which quarterly payments are to be made, the person responsible for the payments:makes a written election, in the form required by the Director, to make quarterly payments; and submits to the Director of Finance the full amount of that year’s 1st quarterly installment plus the applicable service charge. Quarterly installments of the license fee and registration tax for a simulated slot machine need not be paid for:as to the license fee, any quarter that follows surrender to the Director of the device’s license, together with evidence satisfactory to the Director that the device has been taken out of service for the rest of the license year; and as to the registration tax, any quarter that follows surrender to the Director of the device’s registration, together with evidence satisfactory to the Director that the device has been removed from the City for the rest of the license year. If a master licensee surrenders the license and registration for 1 or more devices under this paragraph, together with evidence satisfactory to the Director that the devices have been taken out of service or removed from the City, as the case may be, for the rest of the license year, and is left with 5 or fewer devises being owned, controlled, or possessed by the licensee, the licensee may surrender the master license to the Director and need not pay any quarterly installment for any quarter that follows the surrender. The rules and regulations adopted under <cite data-path="|15|§2-17">§ 2-17 of this subtitle</cite> must establish:the amount of the service charge to be paid with each quarterly installment; and a schedule indicating when quarterly payments are due each year. Ord. 04-706 Ord. 10-337 Ord. 10-356 Ord. 11-579 Ord. 22-124

The license for each amusement device must be: securely affixed to the device; or prominently displayed on the premises. Ord. 04-706

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director shall adopt and enforce rules and regulations to carry out this Part 3. Ord. 04-706 Ord. 10-337 Text Conformed 03/01/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The rules and regulations adopted under <cite data-path="|15|§2-17">§ 2-17 of this subtitle</cite> shall establish, subject to the appropriation of funds as approved by the Board of Estimates, a bounty program to reward persons who report devices being operated without the license or registration required by this Part. The reward for a report shall be a set percentage, as specified in the rules and regulations but not to exceed 50%, of all fines and penalties that the City collects as a result of the report. Ord. 10-337

If an amusement device is operated without a license or registration required by this subtitle, the Director shall issue a written order to the proprietor or other person in charge of the premises to:immediately render the device inoperable; and within 5 working days of the order:obtain the required license or registration; or remove the device from the premises. The Director may confiscate the amusement device or render it inoperable if:the device is not immediately rendered inoperable, as ordered under subsection (a)(1) of this section; after having been rendered inoperable, the device is placed back in operation without the required license or registration; or the required license or registration is not obtained within the period specified in subsection (a)(2) of this section and the device has not been removed from the premises. If an amusement device is confiscated by the Director under this section, the owner may redeem the device on payment of:a recovery charge, as established by the Board of Estimates from time to time; and all outstanding registration and licensing taxes, fees, interest, and penalties. The recovery charge will be set to cover the costs of transportation, storage, and other related expenses. If a device is not redeemed within 180 days after its confiscation, the device is considered abandoned. If an amusement device is rendered inoperable by the Director under this section, the owner may have the device reinstated on payment of:a reinstatement charge, as established by the Board of Estimates from time to time; and all outstanding registration and licensing taxes, fees, interest, and penalties. The reinstatement charge will be set to cover all costs associated with rendering the device inoperable and operable. Ord. 04-706 Ord. 10-337

Any person who violates any provision of this Part 3 or of a rule or regulation adopted under this Part 3 is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Each day that a violation continues is a separate offense. Ord. 04-706

It is unlawful for the proprietor or person in charge of any premises on which there is a pinball machine (as that term is described and characterized in <cite data-path="|15">this article</cite>), which is or should be licensed under <cite data-path="|15">this article</cite>, to permit any person under 16 years of age to operate that device at any time. City Code, 1966, art. 15, §73(1st sen.) 1976/83, art. 15, §93(1st sen.) Ord. 56-664 Ord. 99-526

It also is unlawful for the proprietor or person in charge of the premises to permit any minor 16 years old or older to operate the device between the hours of 8:00 a.m. and 4:00 p.m. on any day between September 1 of any year and June 15 of the following year, except on Sundays and public school holidays if otherwise permitted by law. City Code, 1950, art. 19, §8 1966, art. 15, §73(2nd sen.) 1976/83, art. 15, §93(2nd sen.) Ord. 49-699 Ord. 56-664 Ord. 99-526

Any proprietor or person in charge who is asked to permit the playing of the device by any person whom he has reason to believe may be a minor within the terms of this subtitle, shall require identification and proof of age from the applicant. City Code, 1966, art. 15, §73(3rd sen.) 1976/83, art. 15, §93(3rd sen.) Ord. 56-664 Ord. 99-526

It shall be the duty of the owner of a for profit theater, motion picture theater, hall used for entertainment, sports center, or museum, before permitting any person to use such facility for gain, to obtain a license from the Director of the Department of Consumer Protection and Business Licensing for an annual fee of $165. City Code, 1879, art. 33, §11 1893, art. 33, §11 1927, art. 25, §10 1950, art. 19, §11 1966, art. 15, §14 1976/83, art. 15, §14 Rev. Ords. 1858-038 Ord. 90-517

It is unlawful for any owner, operator, servant, agent, or employee of any theater, concert hall, dance hall, club, or other place of public amusement knowingly to permit on the premises of that place of public amusement, between the hours of 9 a.m. and 3 p.m., any child under the age of 16, unless:the child is accompanied by his or her parent or guardian; the child has a permit issued by the Board of Education or the principal of the parochial or private school having jurisdiction, authorizing his or her absence from school; or the school at which the child is enrolled is not in session. It also is unlawful for any owner, operator, servant, agent, or employee of any theater, concert hall, dance hall, club, or other place where public amusement is provided, including those places where coin-operated amusement devices, including electronic games, are provided for the public use, to knowingly permit the operation of these coin-operated amusement devices, including electronic games, between the hours of 9 a.m. and 3 p.m. by any child under the age of 16, unless the school at which the child is enrolled is not in session. City Code, 1950, art. 19, §12 1966, art. 15, §15 1976/83, art. 15, §15 Ord. 46-383 Ord. 82-819 Ord. 99-526

It is unlawful for any owner, operator, servant, agent, or employee of any burlesque show, whether it be held in a permanent theater, side show, carnival, or by a private organization, to allow on the premises any child, male or female, under the age of 16. City Code, 1950, art. 19, §10 1966, art. 15, §13 1976/83, art. 15, §13 Ord. 46-382

A license is required for regular dancing academies or places used for instruction in the art of dancing. [The licensee] shall pay an annual license fee of $50 for such privilege. City Code, 1879, art. 33, §14 1893, art. 33, §14 1927, art. 25, §13 1950, art. 19, §15 1966, art. 15, §18 1976/83, art. 15, §18 Ord. 1864-010 Ord. 13-265 Ord. 57-1105 Ord. 76-067 Ord. 77-393 Ord. 90-502

The tax or license for musical parties shall be:$5 per night, when the admission fee does not exceed 25¢; $8 per night, when it exceeds 25¢ but not over 50¢; and $10 per night, when it exceeds 50¢. But the Director of Consumer Protection and Business Licensing is authorized to grant, free of expense, all applications for license for concerts or performances of any kind, where the proceeds are intended for charitable purposes. City Code, 1879, art. 33, §15 1893, art. 33, §15 1927, art. 25, §15 1950, art. 19, §17 1966, art. 15, §20 1976/83, art. 15, §20 Rev. Ords. 1858-037 Ord. 57-1105

In this Part 7, the following terms have the meanings indicated. “Amusement device” has the meaning stated in <cite data-path="|15|§2-11">§ 2-11 of this article</cite>. “Animated riding device” means an amusement device that provides a moving ride or activated operation. “Animated riding device” includes any rocking horse, airplane, boat, spaceship, or similar device. City Code, 1966, art. 15, §25(b) 1976/83, art. 15, §25(b) Ord. 57-1130 Ord. 04-706

No person, firm, corporation, or other entity may operate any animated riding device unless the device is licensed under Part 3 of this subtitle. Notwithstanding the fees set in Part 3 of this subtitle, the annual fee for an animated riding device license is $25 per device. City Code, 1966, art. 15, §25(a) 1976/83, art. 15, §25(a) Ord. 57-1130 Ord. 76-067 Ord. 77-395 Ord. 04-706

Before issuing any such license, the Director of Consumer Protection and Business Licensing shall have such animated riding device inspected by the Commissioner of Housing and Community Development and shall obtain from him a certificate to the effect that the animated riding device has been inspected and is mechanically safe for operation. As a condition for retaining any such license, the applicant shall present to the Director of Consumer Protection and Business Licensing at intervals of not more than 6 months thereafter, a similar certificate of inspection and safe condition. City Code, 1966, art. 15, §25(c) 1976/83, art. 15, §25(c) Ord. 57-1130 Ord. 76-067

The Director of Consumer Protection and Business Licensing shall require each applicant for a license herein provided for to furnish proof of financial responsibility in the form of a written certificate from an insurance carrier authorized to transact business in the State of Maryland. Said certificate shall state that the applicant is insured against liability for damage including death or injury to persons and damage to property due to faulty equipment or negligence, and indemnifying the City against any suit or suits, losses, claims, damages, or expense to which the City may be subjected by reason of any damage to property or person, including death, or injury to the public highways and other public property done in or in connection with the transportation, erection, operation, maintenance, and supervision of such animated riding devices and said certificate shall be provided in an amount which in the discretion of the Director of Consumer Protection and Business Licensing will adequately protect the public. City Code, 1966, art. 15, §25(d) 1976/83, art. 15, §25(d) Ord. 57-1130 Ord. 76-067

Where the applicant is a nonresident, said applicant and said insurance carrier shall execute a power of attorney authorizing the Director of Consumer Protection and Business Licensing to accept on their behalf service of notices, processes, and any action arising out of the ownership, operation, maintenance, or in any wise connected with said animated riding devices, while they are within the confines of the limits of the City of Baltimore. In the event that a nonresident corporation applies for a license, the Director of Consumer Protection and Business Licensing shall issue said license provided:the nonresident corporation complies with all conditions herein contained; and in addition thereto, submits with its application for said license a certificate from the State Department of Assessments and Taxation certifying that the nonresident corporation is a duly constituted corporation authorized to do business in the State of Maryland. City Code, 1966, art. 15, §25(e), (f) 1976/83, art. 15, §25(e), (f) Ord. 57-1130 Ord. 76-067

The provisions of § 432.9 of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, which relate to the electrical and mechanical requirements for certain circuses and carnivals, apply in all respects to the animated riding devices provided for in this Part 7. However, no other provisions of § 432 of the <cite data-path="|building-codes|II">Building Code</cite> apply to animated riding devices. City Code, 1966, art. 15, §25(g) 1976/83, art. 15, §25(g) Ord. 57-1130 Ord. 02-475 Ord. 13-093 Ord. 15-427 Ord. 20-361

No person, firm, corporation, or other entity may operate any type of ride or riding device mounted on mobile equipment unless the device is licensed under Part 3 of this subtitle. City Code, 1966, art. 15, §55(a) 1976/83, art. 15, §74(a) Ord. 53-727 Ord. 76-067 Ord. 77-396 Ord. 90-510 Ord. 04-706

Before issuing any such license, the Director of Consumer Protection and Business Licensing shall have such ride or riding device mounted on mobile equipment inspected by the Commissioner of Housing and Community Development and shall obtain from him a certificate to the effect that such ride or riding device mounted on mobile equipment has been inspected and is mechanically safe for operation. The applicant shall as a condition of retaining any such license present to the Director of Consumer Protection and Business Licensing a similar certificate of inspection and safe condition at intervals of not more than 6 months thereafter. City Code, 1966, art. 15, §55(b) 1976/83, art. 15, §74(b) Ord. 53-727 Ord. 76-067

The Director of Consumer Protection and Business Licensing shall require each applicant for a license herein provided for to furnish proof of financial responsibility in the form of a written certificate from an insurance carrier authorized to transact business in the State of Maryland. Said certificate shall state that the applicant is insured against liability for damage including death or injury to persons and damage to property due to faulty equipment or negligence, and indemnifying the City against any suit or suits, losses, claims, damages, or expense to which the City may be subjected by reason of any damage to property or person, including death, or injury to the public highways and other public property done in or in connection with the transportation, erection, operation, maintenance, and supervision of such ride or riding device mounted on mobile equipment, and said certificate shall be provided in an amount which in the discretion of the Director of Consumer Protection and Business Licensing will adequately protect the public. City Code, 1966, art. 15, §55(c) 1976/83, art. 15, §74(c) Ord. 53-727 Ord. 76-067

Where the applicant is a nonresident, said applicant and said insurance carrier shall execute a power of attorney authorizing the Director of Consumer Protection and Business Licensing to accept service on their behalf of notices, processes, and any action arising out of the ownership, operation, maintenance, or in any wise connected with said ride or riding device mounted on mobile equipment while it is within the confines of the limits of the City of Baltimore. In the event that a nonresident corporation applies for a license, the Director of Consumer Protection and Business Licensing shall issue said license provided:the said nonresident corporation complies with all conditions herein contained; and in addition thereto, submits with its application for said license a certificate from the State Department of Assessments and Taxation certifying that the nonresident corporation is a duly constituted corporation authorized to do business in the State of Maryland. City Code, 1966, art. 15, §55(d), (e) 1976/83, art. 15, §74(d),(e) Ord. 53-727 Ord. 76-067

Subject to a licencee’s compliance with subsection (b) of this section, the provisions of § 432 {“Circuses and Carnivals”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, which regulates circuses and carnivals, do apply to applications and licenses to operate any type of ride or riding device mounted on mobile equipment. No licensee may operate a ride or riding device mounted on mobile equipment in any 1 block for longer than 1 hour. City Code, 1966, art. 15, §55(f) 1976/83, art. 15, §74(f) Ord. 53-727 Ord. 02-475 Ord. 13-093 Ord. 15-427 Ord. 20-361