Failure to obtain a business tax receipt (BTR); seizure and disposition of machines

(a)

In the event of nonpayment of the fee for a BTR required for any amusement game or machine, authority is hereby given and granted to the city manager or his/her designee to seize the amusement game or machine, and, in the event any amusement game or machine is seized for the nonpayment of any BTR, there shall be added, charged and collected by the city an additional hauling fee of $125.00 for each amusement game or machine seized and an additional storage fee of $10.00 per day for each amusement game or machine stored. In the event any amusement game or machine has been seized for the nonpayment of any BTR, such amusement game or machine shall not be released or returned until and unless the operator thereof has paid to the city the necessary BTR, storage fee, and hauling charges.

(b)

The city manager or his/her designee is hereby authorized and directed, in all cases where there has been a seizure made for the nonpayment of the BTR for amusement games or machines, to notify the operator, where possible, that the same are being retained under the provisions of this Code, and he/she shall, within 90 days from the date of seizure, permit the operator to regain possession thereof by submission of proof of ownership and the payment of all charges connected with seizure and storage of the machines.

(c)

After the expiration of such 90-day period, the city manager or designee shall sell any such amusement games or machines not claimed or reduced to possession by the operator thereof at public sale after ten days' notice in writing to the operator, if he/she can be found, and by advertisement in a newspaper of general circulation in the city.

(d)

Out of the proceeds of the sale of any such amusement games or machines, all costs and storage shall be first paid, and any balance remaining shall be retained by the city in a fund in possession of the city for a period of one year in order to enable the operator to prove ownership of the amusement games or machines so sold, and when such ownership is proven, such surplus fund shall be paid to the operator.

(e)

After the expiration of one year, as provided in this section, any sums arising from the sale of the amusement games or machines in accordance with the provisions of this section, if unclaimed by the operator, shall be transferred to the general fund of the city.

(Ord. No. 13213, § 2, 10-14-10; Ord. No. 13676, § 2, 4-27-17)