HomeMy WebLinkAbout1126ORDINANCE NO. 1126
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1 AN ORDINANCE relating to, regulating and licensing the
2 business of distributing and exhibiting for use and play certain
3 machine amusement devices and automatic music playing machines;
4 fixing license fees and prescribing penalties; and repealing
5 Ordinance No. 1047 and 1072.
6 THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES
7 ORDAIN AS FOLLOWS:
8 Section 7_ DEFINITIONS: In construing the provisions of
9 this ordinance, the following definitions shall be applied:
10 "Machine Amusement Devices" shall mean any machine or device
11 designed to be operated or used for playing a game upon the in-
12 sertion of a coin, trade check or slug, and also the machine
13 known as the "Digger Amusement Device ";
14 "Automatic Music Playing Machine" shall mean any musical
15 device which is automatically operated or played upon the in-
16 sertion of a coin, trade check or slug;
17 "Person" shall mean any person of either sex, firms, co-
18 partnerships or corporations;
19 The single shall mean and include the plural,male or female
20 ,gender shall be interchangeable.
21 Section 2. LICENSES ENUMERATED, REQUIRED: It shall be un-
22 lawful for any person to commence, continue or engage in the
23 :business of selling, distributing, lending or leasing to, or
24 placing in possession or control of, others, for use, operation
25 or play, any Amusement Device, without having a valid, unrevoked
26 "Amusement Game Distributor's License "; or for any person to
27 commence, continue or engage in the business of exhibiting, dis-
28 playing or exposing for use, operation or play any Amusement
29 Device without a valid, unrevoked "Location Licensee -- Amusement
30 Device "; or any person to commence, continue or engage in the
31 business of exhibiting, displaying or exposing for use, opera-
ry
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ion or play, any Amusement Device without having a valid, unre-
voked Distributor's License for the particular device so exhibit-
ed, displayed or exposed, unless the particular device shall
have been procured by him from or through .a person holding a
Distributor's License issued under the provisions of this ordi-
nance, authorizing the sale, distribution, lending, leasing or
placing in possession or control of others, of the particular
Amusement Device; or for any person to commence, continue or
engage in the business of exhibiting, displaying, or exposing
for use, operation or play any automatic music playing machine,
without having a valid, unrevoked license issued under the pro-
visions of this ordinance, which license shall be designated as
"Location License -- Automatic Music Playing Machine". �( /
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14 Section 3, LICENSE FEES. The annual license'fees shall be l{i
15 as follows: lk
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16 For the Amusement Device Distributor's License, $2500.00
17 for 60 machines. The machines to be numbered consecutively, from
18 one (1) to sixty,- and -each machine may at the order of the City
19 Commission bear a sub - license issued by the City Clerk, showing
20 the number of the machine or device, the Distributor's name, the
21 Distributor's License number and date License expires.
22 For the Location License for each Amusement Device exhibited,
23 displayed or exposed for use, operations or play, 424.00.
24 The number of machines that may be exhibited, displayed or
25 exposed for use, operation or play by the holder of a Location
26. License shall be limited to 3 machines in any one place or business.
27 For the Location License for each Automatic Music Playing
28 Machine exhibited, displayed or exposed for use, operation of
29 play, $12.00
30 Section 4, LICENSE YEAR -- PAYMENT
year
31 year shall begin July 1st of each /and
OF FEES: The license
expire at midnight on
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1 : on June 30th of the following year. All license fees shall be
2 payable annually in cash in advance and where, at any time after
3 issuance, the licensee desires a license to cover a particular
4 machine or device not authorized or paid for at the time of
5 application for, and issuance of, the distributor or location
6 license, he shall procure from the City Clerk a sub - license for
7 such device upon making application to the City Clerk and ex-
8 hibiting a receipt showing the payment to the City Treasurer of
9 the sub - license fee herein prescribed for the particular machine
10 or device.
11 Section 5• LICENSE REGULATIONS: The City Clerk shall
12 prescribe and furnish all forms for applications and licenses.
13 The Distributor's License. shall be posted in a conspicuous place
14 at the principal place of business of the licensee in the City
15 of Port Angeles, and the Location License shall be posted in a
16 conspicuous place in the place of business to which it applies.
17 The sub- license for each machine or device shall at all times
18 be attached to and displayed on the particular machine or device
19 to which it is applicable. A separate location license shall
20 be required for each separate establishment or place of business
21 of the licensee. The Distributor may move any of his licensed mach -
22 ines or devices from one licensed business location to another
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licensed business location at any time during the period for
24 which the machines are licensed. Any Distributor's License shall
25 be transferrable upon application to, and consent of the City
26 Commission by resolution. The Location License may be trans-
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ferred upon application to the City Clerk with approval of the
Z8 City Commission.
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29 Section 6. ISSUANCE OF LICENSES: The City Clerk shall
30 issue Location Licenses with the approval of the City Commission
31 upon proper application made therefor and upon the payment to the
1 City of the fees required by this ordinance.
2 The City Clerk shall issue Distributor's Licenses as
3 provided for in this ordinance upon the payment of the required
4 fees therefor. Application for Distributor's Licenses shall be
5 filed with the City Commission on forms furnished by the City
6 '! Clerk and shall be accompanied by a receipt of the City Treasurer
showing payment of the fees, which, however, shall be refunded to
the applicant upon withdrawal of his application before the same
9 is acted upon by the City Commission, or upon rejection or re-
10 fusel of the City Commission to grant the license applied for.
11 The application shall set forth the name, business address and
12 residence by street number of the applicant. If the City Com-
13 mission is satisfied that the statements contained in the applica-
14 tion are true, and that the applicant is of good moral character
15 and that the license is not desired for the purpose of conduct -
16 ing any gambling or other dishonest, unlawful or immoral act or
17 paractic, end that any individual applicant and the managing
18 officer of any partnership or corporation has been a bona fide
19 resident of the city of Port Angeles at least one year before
20 filing said application, it may direct the issuance of the Dis-
21 tributor's License applied for; otherwise it shall reject and
22 deny the application.
23 In addition to other penalties provided by law, the City
24. Commission reserves the right to revoke or to suspend for a de-
25;, finite period, any Distributor's License issued under the pro -
26' visions of this ordinance, at any time, when the same was pro-
27- cured by fraud or false representation of fact, or for the the
28 violation of, or failure to comply with any of the provisions of
29 this ordinance, by the person holding such license.
30` At least three days before revoking any license the City
31' Commission shall cause to be mailed or delivered to the holder
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of the license at his last known address (as shown by the records
in the office of the City Clerk) a notice stating 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 MACHINES AND GAMBLING DEVICES MADE UNLAW-
FUL: It shall be unlawful to sell, distribute, lend, lease,
operate, use or play or permit to be operated, used or played,
any slot machine or other gambling devices;
Section 8. UNLAWFUL FOR PERSONS UNDER TWENTY -ONE TO PLAY:
It shall be unlawful for any person under the age of twenty -one
(21) years to use, operate or play any Amusement Device; and it
shall be unlawful for any owner, manager or other person in charge
or control of any premises where any such devices are kept, main-
tained or operated, or permitted to be kept, maintained or operated
to permit or allow any person under the age of twenty -one (21)
years to use, operate or play such device.
Section 9. LOCATION LICENSE PROHIBITED WITHIN 300 FEET
OF SCHOOLS: No location license shall be issued under this
ordinance for, nor shall any Amusement Device be used, operated
or played in any building or place within three hundred (300)
feet of the grounds or buildings of any school.
Section 10. PENALTIES: Any violation or failure to comply
with any of the provisions of this ordinance shall constitute a
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misdemeanor, and upon conviction thereof shall subject the offender
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to a fine in any sum not exceeding One Hundred Dollars (:100.00)
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or to imprisonment in the City Jail for a period not exceeding
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28 thirty days (3), or to both such fine and imprisonment.
Section 11. It shall be unlawful for a distributor licensee
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30 to own the place of business, or any interest therein, of the
31 location licensee, and it shall be unlawful for the distributor
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1 licensee to enter into an agreement with any location licensee
2 giving to the distributor licensee the exclusive right to exhibit,
3 display or expose for use, operation or play, Amusement Devices
4 in or at the place of business of the location sicensee.
5 Section 12. That all ordinances in conflict herewith are
6 ,hereby repealed and in particular Ordinances No. 1047 and 1072.
7 Section 13. That this ordinance shall take effect and be
8 in force thirty days after and from its final passage, approval
9 and lawful publication.
10 Passed first reading by the City Commission ray 10, 1944
11 Passed second reading by the City Commission ray 10, 1944
12 Passed third reading and finally passed and adopted by the
13 City Commission, ray 17. 1944
14 Approved and signed by the Mayor, ray 17, 1944
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14.4,44,cryt_i 1410V414,240-01,
MAYOR
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ATTEST:
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City Clerk
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Approved as to fo