EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Curran
A BILL ENTITLED
AN ORDINANCE concerning
Title
Simulated Slot Machines - Zoning - Licensing and Regulation - Admissions and Amusement Tax
FOR the purpose of modifying certain limitations on amusement devices as accessory uses in certain zoning districts; defining certain terms; modifying the license fee for certain amusement devices; exempting certain amusement devices from the admissions and amusement tax; providing for an award program for persons reporting unlicensed or unregistered amusement devices; providing for a special effective date; and generally relating to the zoning, licensing, regulation, and taxation of amusement devices.
Body
BY repealing and reordaining, with amendments
Article - Zoning
Section(s) 1-110, 6-207(2), 7-209(1)
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Zoning
Section(s) 1-189.1
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article - Zoning
Section(s) 6-307, 6-407, 6-507, 6-607, 7-310, 7-409
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article 15 - Licensing and Regulation
Section(s) 2-11(b), 2-12(a), 2-13(a), 2-15(b), 2-19
Baltimore City Code
(Edition 2000)
BY adding
Article 15 - Licensing and Regulation
Section(s) 2-11(f), 2-17.1
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 15 - Licensing and Regulation
Section(s) 2-15(a), 2-17
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article 28 - Taxes
Section(s) 19-1(a)
Baltimore City Code
(Edition 2000)
BY adding
Article 28 - Taxes
Section(s) 19-5
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Zoning
§ 1 110. Amusement device.
(a) In general.
"Amusement device" has the meaning stated in City Code Article 15 {"LICENSING AND REGULATION"}, § 2-11 {"DEFINITIONS"}, except as specified in subsection (b) of this section.
(b) Exclusions.
"Amusement device" does not include any peep show device.
§ 1-189.1. SIMULATED SLOT MACHINE.
"SIMULATED SLOT MACHINE" HAS THE MEANING STATED IN CITY CODE ARTICLE 15 {"LICENSING AND REGULATION"}, § 2-11 {"DEFINITIONS"}.
§ 6 207. Accessory uses {B-1}.
In a B 1 District, accessory uses and structures include the following:
(2) Amusement devices, as follows:
(i) [No more than 5] UP TO10 amusement devices, WHICH MAY INCLUDE NO MORE THAN 5 SIMULATED SLOT MACHINES, when used in combination with one of the following:
(A) Billiard or pool room.
(B) Bowling alley.
(C) Bus, train, or boat terminal.
(D) Hotel or motel.
(E) Marina.
(F) Miniature golf.
(G) Race track.
(H) Restaurant with alcoholic beverage license.
(I) Skating rink.
(J) Social, fraternal, or veteran's club.
(K) Swimming pool.
(L) Tavern.
(M) Tennis or racquet club: Indoor.
(N) ANY BUSINESS THAT OFFERS THE MARYLAND STATE LOTTERY GAME KNOWN AS "KENO".
(ii) [No more than 5] UP TO10 amusement devices, WHICH MAY INCLUDE NO MORE THAN 5 SIMULATED SLOT MACHINES, when used in combination with other uses that the Board finds, after a public hearing, to be entertainment, leisure, or recreation oriented.
(iii) [Amusement] UP TO 2 AMUSEMENT devices when used in combination with uses that are not entertainment, leisure, or recreation oriented[, subject to:
(A) the required location permit having been obtained under Article 15 of the City Code; and
(B) the following limits based on the floor area of the location's interior space devoted to the principal use:
1. no more than 1 device if the net floor area is 600 square feet or less; and
2. no more than 2 devices if the net floor area exceeds 600 square feet].
§ 6 307. Accessory uses {B-2}.
In a B 2 District, accessory uses and structures are the same as those in a B 1 District, except that the gross floor area limitations of a B 1 District do not apply in a B 2 District.
§ 6 407. Accessory uses {B-3}.
In a B 3 District, accessory uses and structures are the same as those in a B 2 District.
§ 6 507. Accessory uses {B-4}.
In a B 4 District, accessory uses and structures are the same as those in a B 1 District, except that the gross floor area limitations of a B 1 District do not apply in a B 4 District.
§ 6 607. Accessory uses {B-5}.
In a B 5 District, accessory uses and structures are the same as those in a B 1 District, except that the gross floor area limitations of a B 1 District do not apply in a B 5 District.
§ 7 209. Accessory uses {M-1}.
In an M 1 District, accessory uses and structures include, but are not limited to, the following, subject to compliance with the performance standards set forth in Title 12 {"Performance Standards"} of this article:
(1) Amusement devices, as follows:
(i) [No more than 5] UP TO10 amusement devices, WHICH MAY INCLUDE NO MORE THAN 5 SIMULATED SLOT MACHINES, when used in combination with one of the following:
(A) Billiard or pool room.
(B) Bowling alley.
(C) Bus, train, or boat terminal.
(D) Hotel or motel.
(E) Indoor tennis or racquet club.
(F) Marina.
(G) Miniature golf.
(H) Race track.
(I) Restaurant with alcoholic beverage license.
(J) Skating rink.
(K) Social, fraternal or veteran club.
(L) Swimming pool.
(M) Tavern.
(N) ANY BUSINESS THAT OFFERS THE MARYLAND STATE LOTTERY GAME KNOWN AS "KENO".
(ii) [No more than 5] UP TO10 amusement devices, WHICH MAY INCLUDE NO MORE THAN 5 SIMULATED SLOT MACHINES, when used in combination with other uses that the Board finds, after a public hearing, to be entertainment, leisure, or recreation oriented.
(iii) [Amusement] UP TO 2 AMUSEMENT devices when used in combination with uses that are not entertainment, leisure, or recreation oriented[, subject to:
(A) an amusement device location permit having been obtained under Article 15 of the City Code; and
(B) the following limits based on the net floor area of the location's interior space devoted to the principal use:
1. no more than 1 device if the net floor area is 600 square feet or less; and
2. no more than 2 devices if the net floor area exceeds 600 square feet].
§ 7 310. Accessory uses {M-2}.
In an M 2 District, accessory uses and structures are the same as those in an M 1 District, except that they need not comply with the performance standards in Title 12 {"Performance Standards"} of this article.
§ 7 409. Accessory uses {M-3}.
In an M 3 District, accessory uses and structures are the same as those in an M 1 District, except that they need not comply with the performance standards in Title 12 {"Performance Standards"} of this article.
Baltimore City Code
Article 15. Licensing and Regulation
Subtitle 2. Amusements
Part 3. Amusement Devices
§ 2 11. Definitions.
(b) Amusement device.
(1) In general.
"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.
(2) Illustrations.
"Amusement device" includes any of the following for which a fee is charged to operate or use:
(i) video or electronic game;
(ii) computer console or Internet connection;
(iii) pinball or console machine;
(iv) bowling or shuffleboard machine;
(v) pool table or poolette;
(vi) target machine;
(vii) baseball machine;
(viii) riding device;
(ix) claw machine, digger, or rotary merchandiser;
(x) jukebox or other music player;
(xi) player piano;
(xii) peep show device; or
(xiii) similar device.
(3) Exclusion.
"Amusement device" does not include a bona fide vending machine that does not incorporate an amusement or entertainment feature.
(F) SIMULATED SLOT MACHINE.
"SIMULATED SLOT MACHINE" MEANS ANY AMUSEMENT DEVICE EQUIPPED WITH A KNOCK-OFF SWITCH OR KNOCK-OFF BUTTON THAT ENABLES AN OWNER OR CUSTODIAN OF THE DEVICE TO REMOVE FREE PLAYS OR OTHER GAME CREDITS ACCUMULATED BY A WINNING PLAYER.
§ 2-12. License required.
(a) In general.
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.
§ 2-13. Registration required.
(a) In general.
(1) The owner of any amusement device that is located in the City must register that device with the Director.
(2) If the device is maintained on the owner's premises and licensed by the owner under § 2-12 of this subtitle, the device is exempt from the registration fee provided for in § 2-15(b) of this subtitle.
§ 2 15. Fees.
(a) License fee.
(1) The annual fee for an amusement device license is AS FOLLOWS:
(I) FOR A SIMULATED SLOT MACHINE, $3,000 PER DEVICE; AND
(II) FOR ANY OTHER AMUSEMENT DEVICE, $180 per device.
(2) The fee for a transfer of a licensed device is $10.
(b) Registration fee.
The annual fee for an amusement device registration is:
(1) $200; plus
(2) $50 per device.
§ 2 17. Rules and regulations.
(a) Director [may] TO adopt.
The Director [may] SHALL adopt and enforce rules and regulations to carry out this Part 3.
(b) Filing with Legislative Reference.
A copy of all rules and regulations must be filed with the Department of Legislative Reference before they take effect.
§ 2-17.1. BOUNTY FOR UNLICENSED, ETC., DEVICES.
(A) IN GENERAL.
THE RULES AND REGULATIONS ADOPTED UNDER § 2-17 OF THIS SUBTITLE SHALL ESTABLISH A BOUNTY PROGRAM TO REWARD PERSONS WHO REPORT DEVICES BEING OPERATED WITHOUT THE LICENSE OR REGISTRATION REQUIRED BY THIS PART.
(B) SOURCE OF REWARD.
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.
§ 2-19. Penalties.
(a) In general.
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.
(b) Each day a separate offense.
Each day that a violation continues is a separate offense.
Article 28. Taxes
Subtitle 19. Admissions and Amusement Tax
§ 19 1. Tax on admissions.
(a) In general.
Except as otherwise provided in this section, there is levied and imposed a tax at the rate of 10% of the gross receipts derived from any admissions and amusement charge as defined in State Tax General Article § 4 101(b).
§ 19-5. EXEMPTIONS - SIMULATED SLOT MACHINES.
(A) "SIMULATED SLOT MACHINE" DEFINED.
IN THIS SECTION, "SIMULATED SLOT MACHINE" HAS THE MEANING STATED IN CITY CODE ARTICLE 15 {"LICENSING AND REGULATION"}, § 2-11 {"DEFINITIONS"}.
(B) EXEMPTION GRANTED.
THE TAX IMPOSED BY THIS SUBTITLE DOES NOT APPLY TO THE GROSS RECEIPTS FROM A SIMULATED SLOT MACHINE THAT IS LICENSED AND REGISTERED AS REQUIRED BY CITY CODE ARTICLE 15 {"LICENSING AND REGULATION"}, SUBTITLE 2 {"AMUSEMENTS"}, PART 3 {"AMUSEMENT DEVICES"}.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 60th day after notice is given to the State Comptroller of the changes enacted by this Ordinance to City Code Article 28, Subtitle 19.
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