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HomeMy WebLinkAbout1047• 1 2 tributing and exhibiting for use and play certain machine amusement devices and 3 ' automatic music playing machines; fixing license fees and prescribing penalties. ORDINANCE NO. 1047 AN ORDINANCE relating to, regulating and licensing the business of dis- 4 !THE CITY COEMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: 5 Section 1. Definitions: In construing the provisions of tris ordinance, 6 'save when otherwise plainly declared or clearly apparent from the context, the 7 following definitions shall be applied: 8 "Machine Amusement Devices" shall mean any machine or device designed to 9 !be operated or used for playing a game upon the insertion of a coin, trade check 10 I.or slug, without being constructed or equipped so as to automatically make a 11 'direct pay -off when played, and also the machine known as the "Digger Amusement 12 ;Device ", that device which is equipped with a claw or tong designed and used, 13 when played, for lifting from a field or bed within the amusement device, any 14 article or commodity and carrying it to a chute or opening and dropping it so 15 that the article or commodity will become automatically and directly available 16 for possession by the player. 17 "Direct Pay -off Amusement Device" shall mean any amusement device, other 18 `than a "Digger Amusement Device ", so constructed or equipped that when played or 19 'fused it will automatically pay or make available directly to the player, either 20 (coin, trade checks or merchandise. 21 22 • "Automatic Music Playing Machine" shall mean any musical device which is automatically operated or played upon the insertion of a coin, trade check or slug. f 23 "Person" shall mean any person of either sex, firms, co- partnerships or 24 (corporations; I 25 "City Clerk" shall mean that the City Clerk of the City of Port Angeles; 26 ! i "City Treasurer" shall mean the City Treasurer of the City of Port Angeles; y 27 "City Attorney" shall mean the City Attorney of the City of Port Angeles; ; 28 ` "Chief of Police" shall mean the Chief of Police of the City of Port Angeles; 29 The single shall mean and include the plural, and male or female gender 30 shall be interchangeable. 31 Section 2. Licenses Enumerated, Required: It shall be unlawful for any • • • • 1 person to commence, continue or engage in the business of selling, distributing, 2 lending, or leasing to, or placing in possession or control of others, for use, 3 4 5 6 7 8 9 10 11 12 operation or play, any Amusement Device, without halting a valid, unrevoked lic- ense issued under the provisions of this ordinance, which license shall. be de- signated as an "Amusement Game Distributor's License "; or for any person to com- mence, continue or engage in the business of exhibiting, displaying or exposing for use, operation or play any Amusement Device without having a valid, unrevok- ed license issued under the provisions of this rodinence, which license shall be designated as "Location License - Amusement Device "; or for any person to com- mence, continue or engage in the business of exhibiting, displaying or exposing for use, operation or play, any Amusement Device without having a valid, unrevok- ed Distributor's License for the particular device so exhibited, displayed or 13 exposed, unless the particular device shall have been procured by him from or 14 ,through a person holding a Distributor's License issued under the provisions of 15 .this ordinance, authorizing the sale, distribution, lending, leasing or placing 16 in possession or control of others, of the particular Amusement Device; or for 17 any person to commence, continue or engage in the business of exhibiting, dis- 18 19 20 21 22 playing, or exposing for use, operation or play any automatic music Playing mach- ine, without having a valid, unrevoked license issued under the provisions of this ordinance, which license shall be designated as "Location License - Auto- matic Music Playing Machine ". Section 3. License Fees: The annual license fees shall be as follows: 23 For the Amusement Device Distributor's License, $250.00, if the number of 24 machines sold, distributed, lent, leased or placed is ten or less; $500.00 if the 25 number of machines sold, distributed, lent, leased or placed is more than ten and 26 not in excess of twenty; $750.00 if the number of machines sold, distributed, lent, 27 leased or placed is in excess of twenty. 28 For the Location License for each Amusement Device exhibited, displayed or 29 exposed for use, operation or play, $24.00; 30 For the Location License for each automatic /Aisle Playing Machine, exhibitedr 31 displayed or exposed for use, operation or play, 412.00. • • 1 Section 4. License Year - Payment of Fees: The license year shall begin 2 on July 1st of each year and expire at midnight on June 30th of the following 3 year. All license fees shall be payable in cash in advance and where, at any 4 time after issuance, the licensee desires a license to cover a particular machine or paid for at the time of application for, and issuance of, the distributor or location license, he shall procure from the City Clerk a sub - license for such device upon making application to the City Clerk and exhibit- ing a receipt showing the payment to the City Treasurer of the sub- license fee 5 or device not authorized 6 7 8 9 herein prescribed for the particular machine or device. 10 The fees herein prescribed shall be pro -rated according to the quarter 11 12 13 14 of the year in which the distributor or location license or additional sub - license f is to become effective, that is to say: For a license or additional sub- license to become effective during the first three months of the year, the full annual fee shall be paid; for a license or additional sub - license to become effective 15 during the second three months of the year the fee shall be three - fourths of the 16 annual license fee; for a license or additional sub - license to become effective 17 during the thrid three months of the year the fee shall be one -half of the annual 18 fee; and for a license or additional sub - license to become effective during the 19 , final three months of the year the fee shall be one - fourth of the annual fee. • 20 Section 5. License Regulations: In addition to the distributor and loc- 21 ation licenses, the City Clerk shall issue a sub - license for each device covered 22 by the distributor or location license. Sub - license covered by a particular dis- 23 tributor or location license shall be numbered from one (1) up consecutively, 24 according to the number of devices which the particular distributor or location 25 license covers. A spearate location license shall be required for each separate 26 establishment or place of business of the licensee. The distributor license shall 27 be posted in a conspicuous place at the principal place of business of the licensee 28 in the City of Port Angeles, and the location license shall be posted in a con- 29 spicuous place in the place of business to which it applies. The sub - license • 30 for each device shall at all times be attached to and displayed on the particular 31 j device to which it is applicable. The City Clerk shall prescribe the form and 1 provide licenses and sub - licenses. Any distributor license shall be transferrable 2 upon application to, and consent of, the City Commission by resolution. The 3 location license may be transferred upon application to the City Clerk, with 4 the approval of the City Commission. The sub - license for any particular device 5 may, upon the discontinuance, removal or abatement of the particular device to 6 which it is attached, be attached to and displayed upon any other like device 7 II owned by, or in the possession or under the control or management of, the 8 licensee. Section 6. Issuance of Licenses: The City Clerk shall issue location licenses, with the approval of the City Commission, upon proper application made therefor and upon the payment to the City of the fees required by this ordinance. The City Clerk shall issue distributor's licenses as provided for in this 14 ordinance upon the payment of the required fees therefor. Applications for 15 distributor licenses shall be filed with the City Commission on forms to be pres- 16 cribed and furnished by the City Clerk and shall be accompanied by receipt of 17 the City Treasurer showing payment of the fees, which, however, shall be refunded lg to the applicant upon withdrawal of his application before the same is acted upon 19 by the City Commission, or upon rejection be, or refusal of, the City Commission • 20 to grant the license applied for. The application shall set forth the name, bus - 21 iness address and residence by street and number, of the applicant, and if a co- 22 partnership, the names and residence addresses of the co- partners and all persons 23 owning an interest in the co- partnership; and if a corporation, the names of the 24 i officers of the corporation and their residence addresses and the names and res- 411 25 idence addresses of all share - holders of the corporation, as shown by the books 26 of the corporation. If the City Commission is satisfied that the statements 27 contained in the application are true, and that the applicant, and in case of a 28 corporation. its officers, are of gcod moral character and that the license is 29 not desired for the purpose of conducting any gambling or other dishonest, un2 30 lawful or immoral act or practice,'it may direct the issuance of the distributor 31 license applied for; otherwise, it may reject and deny the application. • 9 10 11 12 13 • 0 • 1 2 3 4 5 6 7 8 • 9 10 ll 12 13 14 15 16 17 18 19 • 20 21 22 23 24 25 26 27 28 29 31 In addition to other penalties provided by law, the City Commission re- serves the right to revoke or to suspend for e definite period, any distributor license issued under the provisions of this ordinance, at any time, when the same was procured by fraud or false representation of fact, or for the violation of, or failure to comply with, any of the provisions of this ordinance or of any other ordinance of the City of Port Angeles, by the person holding such license, or any of his servants, agents or employees while acting within the scope of their employment, or for the conviction of the person holding such license, or in case of a corporation, of any of the officers thereof, of a felony or mis- demeanor involving moral turpitude or intent to defraud. Conviction of any person holding a license of violation of the provisions of this ordinance or of any ordinance of the City of Port Angeles, or, in ease of a corporation, such conviction of any officer of a corporation holding a license, shall be prima facie evidence of facts sufficient to warrant the revocation of the license held by such person. At least three days before revoking any license the City Commission shall cause to be mailed or delivered to the holder 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. The distributor licensee shall be held responsible for the compliance by 1 the location licensee of all the provisions of this ordinance; and a violation 4 of this ordinance or of any other ordinance of the City of Port Angeles by the lo- cation licensee shall be considered a violation of this ordinance by the die- 1 tributor licensee. Section 7. Automatic Pay -off Devices, Slot Machines and Gambling Devices Made Unlawful: It shall be unlawful to sell, distribute, lend, lease, operate, use or play or permit to be operated, used or played, any automatic pay -off ( !machine, slot machine or other gambling device; or without a license as herein 1 required, to sell, distribute, lend, lease, operate, use or play, or permit to be I operated, used or played any game, machine or device for which a license is re- r • 1 • • 1 quired herein, or to sell, distribute, lend, lease, possess, exhibit or expose 2 for use, operation of play any Amusement Device or automatic Nlasic Playing Machine, 3 or any similar game, machine or device which is or may be used for gam bling or 4 for playing a game of chance, or any game in which the element of chance predom- 5 6 7 8 9 10 11 12 inates over skill, or to sell, distribute, lend, lease, possess, exhibit or ex- pose for use, operation or play, any Automatic lbslc Playing Machines without first obtaining a license as herein required. Section 8. Unlawful For Persons Under Twenty -One to Play: It shall be lunlawful 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, maintained or operated, or permitted to be kept, maintained or operated, to per- 13 mit or allow any person under the age of twenty -one (21) years to use, operate 14 for play such device. 15 Section 9. Size of Slugs and Checks Regulated: It shall be unlawful for 16 the holder of any license issued hereunder to circulate slugs, trade checks or 17 trade certificates for use in playing any Amusement Device, or to permit the use 18 and playing in any such device of any such slugs, checks or certificates, unless 19 the same are larger or smaller than the five -cent coin issued by the United States. • 20 Section 10. Location License Prohibited within 300 feet of Schools: 21 No location license shall be issued under this ordinance for, nor shall any Amuse - 22 went Device be usegl, operated or played in any building or place within three hund- 23 red (300) feet of the grounds or building of any school. • 24 Section 11. Penalties: Any violation or failure to comply with any of the 25 provisions of this ordinance shall constitute a misdemeanor, and upon conviction 26 thereof shall subject the offender to a fine in any sum not exceeding One Hundred 27 Dollars 0100.00) or to imprisonment in the City Jail for a period not exceeding 28 Thirty (30) days, or to both such fine and imprisonment. 29 ' Section 12. It shall be unlawful for a distributor licensee to own the • 30 gplace of business, or any interest therein, of the location licensee, and it shall 31 lbe unlawful for the distributor licensee to enter into an agreement with any • 1 I location licensee giving to the distributor licensee the exclusive right to I 2 exhibit, display or expose for use, operation or play, Amusement Devices in or at 3 [ the place of business of the location licensee. • 4 Section 13. That this ordinance shall take effect and be in force thirty ' 5 days after and from its final passage, approval and lawful publication. 6 ! Passed first reading by the City Commission February 9, 1938. 7 Passed second reading by the City Commission March 2, 1938. Passed third reading and finally passed and adopted by the City Commission • 9 1March 2, 1938. 10 ! Approved and signed by the Mayor March 2, 1938. 11 12 13 #. � ' 14 y' 2- tr- r. 15 Attest,, City Clerk 17 18 :App 19 • 20 21 I 22 i 23 24 40 25 26 27 28 29 • 30 31 e < as orm: Attorney 1