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 20^th – $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 1^st 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