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14B.110.110 Violations, Sealing Prohibited Amusement Devices.

(Amended by Ordinance No. 186746, effective August 6, 2014.)

A.  Upon a determination that any provision of this Chapter has been violated, the Director shall issue a written Notice of Violation and assess civil penalties.  The notice shall state the nature of the violation, the date of the violation, and the date by which such violation must be corrected and any civil penalties which must be paid to prevent the amusement device from being sealed.  The person responsible for the violations shall be allowed 5 days in which to correct the violation.

B.  Sealing of Amusement Devices.

1.  If a violation is not corrected and civil penalties paid within the time period allowed in Subsection A. above, the Director may seal the coin slot of any amusement device involved in the violation.  If an amusement device is sealed, the Director may remove the seal only if the person responsible for the violations has corrected the violations and paid any penalties imposed under this Chapter.

2.  It shall be unlawful for any other person other than the Director to remove or alter a seal.  If a seal is unlawfully removed or altered, the sealed amusement device shall be subject to seizure and destruction pursuant to this Section.

3.  If within a single calendar year a permittee has been issued a Notice of Violation, the Director may seal any amusement device and impose penalties for all further violations by that permittee within that calendar year without first issuing a Notice of Violation or allowing time to correct the violations.

C.  A sealed amusement device shall be subject to seizure and destruction as a public nuisance if:

1.  The violation is not corrected and all penalties paid within 5 days of sealing; or

2.  Upon the occurrence of any subsequent violations of this Section by any one owner or lessor within any calendar year.

D.  The Bureau of Police shall assist the Revenue Division in the seizure of the amusement device.  The City Attorney is authorized to bring any suit or action for the destruction of the amusement device as a public nuisance.

E.  The owner of any amusement device seized for destruction may, within 10 days of the permittee being served with written notice of such seizure, file a written notice of appeal as provided in Section 14B.110.140.