Iowa Admin. Code r. 481-105.2 - Registered amusement device restrictions
Each
(1) The number of
electrical or mechanical amusement devices registered by the department shall
not exceed 6,928, the total number of devices registered by the department as
of April 28, 2004.
(2) The
department shall not initially register an electrical or mechanical amusement
device that is required to be registered to an owner for a location for which
only a Class "B" or a Class "E" retail alcohol license has been issued pursuant
to Iowa Code chapter 123 on or after April 28, 2004.
(3) An owner or distributor at a location for which
only a Class "B" or a Class "E" retail alcohol license has been issued pursuant
to Iowa Code chapter 123 shall not relocate an amusement device registered as
provided in this chapter to a location other than the location of the device on
April 28, 2004, and shall not transfer, assign, sell, or lease an amusement
device as provided in this chapter to another person for which only a Class "B"
or a Class "E" retail alcohol license has been issued pursuant to Iowa Code
chapter 123 after April 28, 2004.
EXAMPLE 1: An electrical or mechanical amusement device is registered with the department and is located at a convenience store that has a Class "E" retail alcohol license.
1. If
the amusement device needs to be repaired, the owner may repair it without
losing the registration position or buying a new registration tag. A repair
constitutes any changes to a device as long as the type of game and the number
of devices in a location is not changed.
2. If the amusement device needs to be replaced
because it is defective, it must be replaced with the same game in order to
keep the registration position.
3.
The amusement device cannot be moved from one location to another under a Class
"B" or a Class "E" retail alcohol license, even if the number of registered
devices at a location does not change.
4. If a location with a Class "B" or a Class "E"
retail alcohol license had only one amusement device registered on April 28,
2004, the maximum number of devices allowed at that location shall be
one.
(4) Rescinded IAB
8/29/07, effective 9/1/07.
(5) Each
registered amusement device at a location for which only a Class "B" or a Class
"E" retail alcohol license has been issued pursuant to Iowa Code chapter 123
shall include on the amusement device a security mechanism which prevents a
person from operating the amusement device by not allowing the acceptance of
money until the machine is activated by the owner or owner 's designee. A sign
shall be posted stating that a person must be 21 years of age or older to
operate the registered amusement device .
EXAMPLE 2: A patron in a convenience store tries to put money
in an amusement device, but the amusement device will not take the money. The
patron approaches the
(6) The registered amusement device shall be
registered in accordance with these rules and shall comply with all of the
requirements of Iowa Code section
99B.53, this chapter,
481-Chapter 104, and any other applicable laws or rules.
(7) The registered amusement device shall not be
designed or adapted to facilitate gambling, nor shall the device be capable of
playing poker, blackjack, or keno.
(8) If the department, or the department's designee,
determines that a registered amusement device is not in compliance with the
requirements of this chapter or any other provision of Iowa law, the device may
be subject to seizure, and any registration associated with the device,
including the registration of the manufacturer , distributor , or owner , may be
revoked or suspended.
(9) A person
owning or leasing a registered amusement device shall not advertise or promote
the availability of the amusement device to the public as anything other than
an electrical or mechanical amusement device. Situations that constitute
advertising and promoting include, but are not limited to, posted signs,
newspaper/magazine advertisements, radio and television advertisements, word of
mouth and Internet posting.
(10) If
there is no amusement device registration availability , a person may be
included on a waiting list for an amusement device registration position.
a. A person shall appear on the waiting list
only once for a single registration position.
b. A person may be added to the waiting list by
sending an email to gmms@dia.iowa.gov.
c. A person may request to be added to the
waiting list by calling or writing the department at Department of Inspections
and Appeals, Social and Charitable Gambling Unit, Lucas State Office Building,
321 East 12th Street, Des Moines, Iowa 50319-0083; (515)281-6840.
d. The department shall maintain the waiting
list in chronological order with the person requesting addition to the waiting
list first being first on the list.
e. When a registration position becomes available, the
department shall notify the first person on the waiting list of the amusement
device registration availability . If multiple positions become available, the
department may notify as many persons on the waiting list as there are
available positions.
f. The
department shall notify the person on the waiting list of the amusement device
registration availability by mail or by email if the person has provided an
email address.
g. The person on the
waiting list shall have ten days from the time the notification was sent to
submit a registered amusement device application and the fee.
h. If the person does not submit the
registration application, fee and proof of purchase within ten days, the person
shall forfeit the position on the waiting list and shall be removed from the
waiting list.
(11) An
initial amusement device registration shall only be allowed at a location that
has a Class "C," special Class "C," Class "D," or Class "F" retail alcohol
license issued pursuant to Iowa Code chapter 123.
EXAMPLE 3: An amusement device is located in a bar that has the appropriate retail alcohol license. On April 28, 2004, this location had only one amusement device. An additional amusement device may be added to this location.
1. If the amusement device
needs to be repaired, it may be repaired without the loss of the device's
registration position.
2. If the
amusement device is defective and needs to be replaced, it can be replaced with
the same game under the original registration without the incurring of
additional charges.
3. If the
amusement device is replaced with a new amusement device that has a different
game, before the device is moved to the premises , the process for initial
registration shall be followed pursuant to this chapter and Iowa Code chapter
99B. The replacement of the amusement device creates an amusement device
registration availability , and the position will be offered to the next person
on the waiting list pursuant to this rule.
(12) If a person purchases an amusement device that is
registered with the department, the registration tag, if available, must be
removed from the purchased amusement device and returned to the department. The
department shall be notified in writing within ten calendar days of the change
in ownership of any amusement device. The purchased device shall be removed
from the inventory of the original owner , thus creating a registration position
on the waiting list. The purchaser must apply for a registration position on
the waiting list for the device.
(13) An amusement device that is registered with the
department and located in a warehouse may be placed in a location that has a
Class "C," special Class "C," Class "D," or Class "F" retail alcohol license
issued pursuant to Iowa Code chapter 123. Such a device may also be used as a
replacement device.
(14) The
registration application for all new amusement devices must be accompanied by
the receipt, invoice, or bill of sale containing the seller's name, company
name, and address, transaction date, motherboard serial number, and name of the
game.
(15) Devices shall not allow
for more than one player. Each playing position constitutes one amusement
device.
Notes
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