§ 5-48. Gambling devices; revocation; appeals.

(a)

No amusement device tag shall be issued for any amusement device which, in the opinion of the tax and license manager, is operated as a gambling device. If any amusement device for which a device tag has been issued appears to be easily converted to gambling and becomes a nuisance or a menace to the public morals, the tax and license manager may revoke the device tag for such device by giving written notice of such revocation to the owner or distributor of the device. Such notice shall contain the reasons for the revocation and shall be personally served on the owner or distributor or mailed to the owner's or distributor's last known address. Service of the notice shall be deemed complete upon mailing.

(b)

The owner or distributor of an amusement device for which a notice of revocation of the amusement device tag is served may appeal such revocation pursuant to sections 5-33 (d) and 5-34. If the owner or distributor does not request an informal hearing before the tax and license manager on the revocation within ten (10) days after notice of revocation is given, the revocation shall take effect on the eleventh day after service of the notice of revocation. If a hearing is requested, the revocation shall not take effect until after the informal hearing and the service of a new notice from the tax and license manager on the licensee setting forth the tax and license manager's final decision.

(c)

No amusement device tag shall be issued for any amusement device for which a device tag has previously been issued and revoked pursuant to this article.

(Code 1963, § 4-35; Ord. No. 1060, § 2, 12-26-78; Ord. No. 1723, § 7, 6-2-92; Ord. No. 1918, § 3, 12-10-96)