Iowa Code r. 481-105.2 - Registered amusement device restrictions
Each registered amusement device shall only be located on premises for which a Class "B," Class "C," special Class "C," Class "D," Class "E," or Class "F" retail alcohol license has been issued pursuant to Iowa Code chapter 123.
(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(4) Rescinded IAB 8/29/07, effective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 person working behind the counter, who then asks the patron for an ID. If the patron is 21 years of age or older, the amusement device is activated, thereby allowing the patron to play the amusement device. The security mechanism shall be immediately reactivated once the patron has finished playing the amusement device.
(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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