CHAPTER 105REGISTERED AMUSEMENT DEVICES481105.1(10A, 99B) Definitions. The definitions in rule 481—104.1(10A,99B) are incorporated by reference in this chapter. In addition, the following definitions apply to the possession and use of registered amusement devices.
"Amusement device registration availability" means a registration position which becomes available:
- When a distributor or owner:
- Is going out of business,
- Fails to renew a registration by the renewal due date, or
- Has an electrical or mechanical device seized by law enforcement and the seizure is upheld through a forfeiture hearing; or
- When any other legal order has been issued which pertains to violations of Iowa Code chapter 99B, 123, or 123A.
"Counting mechanism" means an appliance that tallies the volume of business of an individual amusement device.
"Distributes" means to deliver, to provide or to otherwise make available in Iowa amusement devices required to be registered in accordance with these rules.
"Distributor" is as defined in Iowa Code section 99B.51.
"Manufacturer" is as defined in Iowa Code section 99B.51.
"Operation" means that a registered amusement device is made available for use by the public or made available for use on the premises of a charitable organization.
"Owner" is as defined in Iowa Code section 99B.51.
"Person" means a person as defined by Iowa Code section 4.1.
"Premises" means a location where one or more registered amusement devices are available for public use.
"Prize" means a ticket(s) or token(s) that is dispensed by a registered amusement device as an award for use and that is worth up to $50 in merchandise.
"Registered amusement device" means an electrical or mechanical amusement device in operation subject to registration by the department pursuant to Iowa Code section 99B.53 and includes both the external and internal components. Any change in the registered amusement device, including the external and internal components of the registered amusement device, constitutes a new registered amusement device for which registration by the owner is required. The word “change” as used herein does not include repairs or replacement of parts that do not change or alter the operation of the device as originally registered by the owner. If the repairs or replacement parts alter the operation of the device as originally registered, then the device must be reregistered before it is made available for operation.
"Responsible party," as listed on the amusement device registration, means the owner of the amusement device.
"Security mechanism" means an appliance which prevents a person from operating an electrical or mechanical amusement device by not allowing the acceptance of money until action is taken by the owner or owner’s designee to allow the person to operate the device.Related ARC(s): 1930C, 4015C481105.2(99B) Registered amusement device restrictions. Each registered amusement device shall only be located on premises for which a Class “A,” Class “B,” Class “C,” special Class “C,” or Class “D” liquor control license or a Class “B” or a Class “C” beer permit has been issued pursuant to Iowa Code chapter 123. 105.2(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. 105.2(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 “C” beer permit has been issued pursuant to Iowa Code chapter 123 on or after April 28, 2004. 105.2(3) An owner or distributor at a location for which only a Class “B” or a Class “C” beer permit 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 “C” beer permit 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 “C” beer permit.
- 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.
- 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.
- The amusement device cannot be moved from one location to another under a Class “B” or a Class “C” beer permit, even if the number of registered devices at a location does not change.
- If a location with a Class “B” or a Class “C” beer permit had only one amusement device registered on April 28, 2004, the maximum number of devices allowed at that location shall be one.
- If the amusement device needs to be repaired, it may be repaired without the loss of the device’s registration position.
- 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.
- 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.
- Amusement devices registered in violation of statutory or regulatory requirements governing such devices.
- Registered amusement devices that are prohibited by 481—104.3(99B).
- Any registered amusement device that does not conform to the requirements in these rules or Iowa Code chapter 99B.
- Any registered amusement device designed or adapted to facilitate gambling.
- Conviction for illegal gambling may result under the provisions of Iowa Code chapter 725.
- Suspension or revocation of a wine or beer permit or of a liquor license may result under the provisions of Iowa Code chapter 123.
- Property may be forfeited under the provisions of Iowa Code chapter 809.
- Violation of any laws pertaining to gambling may result in suspension or revocation of a registration as prescribed in Iowa Code section 99B.55.
- Unless otherwise prescribed in Iowa Code section 99B.55, a registration may be revoked upon the violation of any gambling law, rule or regulation, including Iowa Code chapter 99B, 481—Chapter 104, or this chapter.
- A registration may be revoked if the registrant or an agent of the registrant engages in any act or omission that would have permitted the department to refuse to issue a registration under Iowa Code chapter 99B.
- A person under the age of 21 shall not participate in the operation of an electrical or mechanical amusement device that is required to be registered. A person who violates the provisions of Iowa Code section 99B.57 commits a scheduled violation under Iowa Code section 805.8C(4).