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HomeMy WebLinkAbout1072• ORDINANCE NO. 1072 1 AN ORDINANCE relating to, regulating and licensing the business of distributing 2 and exhibiting for use and play certain machine amusement devices and automatic 3 ,music playing machines; fixing license fees and prescribing penalties; and repealing 4 ,Ordinance No. 1047. 5 6 CITY C0121ISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLO;:'S: Section 1. DEFINITIONS: In construing the provisions of this ordinance, 7 save when otherwise plainly declared or clearly apparent from the context, the 8 following definitions shall be applied: 9 "1Yachine Amusement Devices" shall mean any machine or device designed to be 10 'operated or used for playing a game upon the insertion of a coin, trade check or slug, and also the machine known as the "Digger Amusement Device ", that device , fhich is equipped with a claw or tong designed and used, when played, for lifting 13 from a field or bed within the amusement device, any article or commodity and car - 14 eying it to a chute or opening and dropping it so that the article or commodity 15 will become automatically and directly available for possession by the player. 16 1 "Automatic Litsic Playing Machine" shall mean any musical device which is auto- 17 Fatically operated or played upon the insertion of a coin, trade check or slug; 18 I "Person" shall mean any person of either sex, firms, co- partnerships or corp- 11 12 4 19 orations; • 20 "City Clerk" shall mean the City Clerk of the City of Port Angeles; • 21 22 23 24 "City Treasurer" shall mean the City Treasurer of the City of Port Angeles; "City Attorney" shall mean the City Attorney of the City of Port Angeles; "Chief of Police" shall mean the Chief of Police of the City of Port Angeles; The single shall mean and include the plural, and male or female gender shall 25 be interchangeable. 26 ; Section 2. LICENSES Etr'[FL RATED, REWIRED: It shall be unlawful for any person 27 to commence, continue or engage in the business of selling, distributing, lending, 28 br leasing to, or placing in possession or control of, others, for use, operation or 29 play, any Amusement Device, without having a valid, unrevoked license issued under ; 30 the provisions of this ordinance, which license shall be designated as an "Amusement 31 Game Distributor's License "; or for any person to commence, continue or engage in • • 1 , the business of exhibiting, displaying or exposing for use, operation or play any 2 Amusement Device without having a valid, unrevoked license issued under the provi- 3 sions of this ordinance, which license shall be designated as "Location Licensee- - 1 4 ;amusement Device "; or for any person to commence, continue or engage in the busi- 5 Lness of exhibiting, displaying or exposing for use, operation or play, any amuse - 6 Invent Device without having a valid, unrevoked Distributor's License for the pertic- 7 Fular device so exhibited, displayed or exposed, unless the particular device shall 8 ,have been procured by him from or through a person holding a Distributor's License 9 issued under the provisions of this ordinance, authorizing the sale, distribution, 10 lending, leasing or placing in possession or control of others, of the particular 11 iAmusement Device; or for any person to commence, continue or engage in the business' 12 of exhibiting, displaying, or exposing for use, operation or play any automatic 13 M1music playing machine, without having a valid, unrevoked license issued under the 14 !provisions of this ordinance, which license shall be designated as "Location Li- 15 'cense -- Automatic Music Playing Machine ". 16 17 18 Section 3. LICENSE FEES. The annual license fees shall be as follows: For the amusement Device Distributor's License, .1250.00 for 35 machines. The :machines to be numbered consecutively, from one (1) to thirty -five (35), and each 19 machine shall bear a sub - license issued by the City Clerk, showing the number of the 20 machine or device, the Distributor's name, the Distributor's. License number and date'. 21 License expires. 22 For the Location License for each musement Device exhibited, displayed or ex- 23 posed for use, operation or play, ;4.00. 24 1 The number of machines that may be exhibited, displayed or exposed for use, 25 operation or play by the holder of a Location License shall be limited to 3 machines 26 ',in any one place of business. 27 j For the Location License for each hutomatic Elisic Playing Machine exhibited, 28 displayed or exposed for use, operation or play, $12.00. 29 , Section 4. LICENSE YEAR- -PAYPENT CF FEES: The license year shall begin July it 30 of each year and expire at midnight on June 30th of the following year. A11 lieensei 31 fees shall be payable in cash in advance and where, at any time after issuance, the • 1 'licensee desires a license to cover a particular machine or device not authorized 2 or paid for at the time of application for, and issuance of, the distributor or 3 location license, he shall procure from the City Clerk a sub - license for such de- 4 vice upon making application to the City Clerk and exhibiting a receipt showing the 5 payment to the City Treasurer of the sub - license fee herein prescribed for the par - 6 'titular machine or device. 7 The fees herein prescribed shall be pro -rated according to the quarter of the 8 year in which the distributor or location license or additional sub - license is to 1 9 !become effective, that is to say: For a license or additional sub - license to become 10 !effective during the first three months of the year, the full annual fee shall be I 11 paid; for a license or additional sub - license to become effective during the second 12 rthree months of the year the fee shall be three - fourths of the annual license fee; 13 for a license or additional sub - license to become effective during the third three 14 'months of the year the fee shall be one -half of the annual fee; and for a license 15 Eor additional sub - license to become effective during the final three months of the 16 4year the fee shall be one - fourth of the annual fee. 17 ; Section 5. LICENSE REGULATIONS: The City Clerk shall prescribe and furnish 18 .all forms for applications and licenses. The Distributor's License shall be posted 19 4in a conspicuous place at the principal place of business of the licensee in the 411 20 City of Port Angeles, and the Location License shall be posted in a conspicuous 21 !place in the place of business to which it applies. The sub - license for each 22 ]machine or device shall at all times be attached to and displayed on the particular 23 i�machine or device to which it is applicable. A separate location license shall be 24 'required for each separate establishment or place of business of the licensee. The ' • 25 {Distributor may move any of his licensed machines or devices from one licensed bus -' I 26 'iness location to another licensed business location at any time during the period + 27 for which the machines are licensed. _illy Distributor's License shall be transfer- 28 jfor 1 rable upon application to, and consent of the City Commission by resolution. The 1 q 29 'Location License may be transferred upon application to the City Clerk with approval; • 30 of the City Commission. 31 ' Section 6. ISSUANCE OF LICENSES: The City Clerk shall issue Location Licenses] • • 1 jwith the approval of the City Commission upon proper application made therefor and 2 upon the payment to the City of the fees required by this ordinance. 3 The City Clerk shall issue Distributor's Licenses as provided for in this or- 4 !dinance upon the payment of the required fees therefor. Applications for Distribu- 5 itor's Licenses shall be filed with the City Commission on form furnished by the 6 City Clerk and shall be accompanied by a receipt of the City Treasurer showing pay- 7 :went of the fees, which, however, shall be refunded to the applicant upon with - 8 Mdrawal of his application before the same is acted upon by the City Commission, or 9 upon rejection or refusal of the City Commission to grant the license applied for. 10 The application shall set forth the name, business address and residence by street 11 ,number of the applicant. If the City Commission is satisfied that the statements 12 :contained in the application are true, and that the applicant is of good moral 13 character and that the license is not desired for the purpose of conducting any 14 ,gambling or other dishonest, unlawful or immoral net or practice, it may direct the 15 )issuance of the Distributor's License applied for; otherwise it may reject and deny 16 the application. 17 In addition to other penalties provided by law, the City Commission reserves 18 the right to revoke or to suspend for a definite period, any Distributor's License 19 'issued under the provisions of this ordinance, at any time, when the same was pro- ± • 20 !cured by fraud or false representation of fact, or for the violation of, or failure 21 to comply with any of the provisions of this ordinance, or of any other ordinance 1 22 of the City of Port Angeles, by the person holding such license, or any of his em- ' 23 ployees while acting within the scope of their employment, or for the conviction of ; 24 the person holding such license, of a felony or misdemeanor involving moral turpi- 25 itude or intent to defraud. 26 Conviction of any person holding a license of violation of the provisions of 27 jthis ordinance or of any ordinance of the City of Port Angeles, shall be prima facie 28 r evidence of facts sufficient to warrant the revocation of the license held by such 29 .person. At least three days before revoking any license the City Commission shall , 30 cause to be mailed or delivered to the holder of the license at his last known 31 address (as shown by the records in the office of the City Clerk) a notice stating • I } 1 2 3 0 4 5 6 7 8 • 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 • the time and place of hearing concerning the revocation at which the licensee shall be entitled to be heard and introduce the testimony of witnesses. Section 7. SLOT Mt CHIEES tiflD GAI.IBLING DEICES /16DE UN ,,liFUL; It shall be un- lawful to sell, distribute, lend, lease, operate, use of play or permit to be oper- ated, used or played, any slot machine or .other gambling device; or without a li- cense as herein required, to sell, distribute, lend, lease, operate, use or play, for permit to be operated, used or played any game, machine or device, for which a license is required herein, or to sell, distribute, lend, lease, posoess, exhibit kor expose for use, operation of play any Amusement Device or xutonatic Basic Playing Machine, or any similar game, machine or .device which is or may be used for gambling; pr for playing a game of chance, or any game in which the element of chance predom- I inates over skill, or to sell, distribute, lend, lease, possess, exhibit or expose 1 Or use, operation or play, any Automatic Music Playing ?1 chine without first ob- Itaining a license as herein required. Section 8. U11L417ML FOR PERSONS UNDER TT.I'TY -CNE TC PLAY: It shall be unlaw- 1 fill for any person under the age of twenty -one (21) years to use, operate or play I any t,musement Device; and it shall be unlawful for any owner, manager or other per - } ison in charge or control of any premises where any such devices are kept, maintained 1 or operated, or permitted to be kept, maintained or operated, to permit or allow L,ny, person under the age of twenty -one (:.1) years to use, operate or play such device. I. Section S. LOCxTICN LIC .;SE PRCEIRIT "I ' T II 300 FEE' OF SCHOOLS: No loca- jtion license shall be issued under this ordinance for, nor shall any amusement Do- vice be used, operated or played in any buildings or place within three hundred (300)1 feet of the grounds or buildings of any school. Section 10. E NALTIES: Any violation or failure to comply with any of the provisions of this ordinance shall constitute a misdemeanor, and upon conviction 27 .I thereof shall subject the offender to a fine in any sum not exceeding One Hundred 28 Dollars (1100.00) or to imprisonment in the City Tail for a period not exceeding 29 Fhirty (30) days, or to both such fine and imprisonment. 30 Section 11. It shall be unlawful for a distributor licensee to own the place 31 of business, or any interest therein, of the location licensee, end it shall be • • 1 i'unlawful for the distributor licensee to enter into an agreement :vith any location 2 Ilicensee giving to the distributor licensee the exclusive right to exhibit, display 3 or expose for use, operation or play, .Amusement Devices in or at the place of bus- ; 4 Knees of the location licensee. 5 Section 12. That this ordinance shall take effect and be in force thirty days 6 after and from its final passage, approval and lawful publication. 7 Passed first reading by the City Commission June 1f, 1940. 8 Passed second reading by the City Commission June 19, 1940. • 9 Passed third reading and finally passed and adopted by the City Commission, 10 June 26, 1940. 11 ,hpprQVed and signed by the Mayor June 26, 1940. +' • r lUyor w 15 Ain! • 16 17 Lcity Clerk 18 ..pprov as to fo 19 20 City nttor 21 22 23 24 i25 26 27 28 29 • 30 31