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 Bureau of Licenses 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.
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