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HomeMy WebLinkAbout3669 AN ORDINANCE amending Ordinance No. 2177 to provide for an ~musement Device Owners license ~O~__ and an Amusement Device Operators license and amending Ordinance No. 347, as amended by Ordinance No. 1468 and Ordinance No. 3132, regarding pool and billiards tables and repealing Ordinance No. 1442 as amended by Ordinance No. 2156. Section 1: Ordinance No. 2177, Section 1 is hereby amended to read as follows: DEFINITIONS. (a) "Amusement Device" means any machine or device which provides recreation or entertainment for which a charge is made for use or play and includes, but is not limited to, pool and billiard tables, shuffleboards, music machines, video games, pinball games~ riding devices, televisions and devices for display of pictures or views on film: provided that it does not mean or include any machine or device used exclusively for the vending of merchandise. (b) "Automatic vending machine" means an automatic machine or device operated by a coin or coins, which delivers tangible merchandise such as candy, gum or cigarettes, upon the deposit of proper coin or coins. (c) "Amusement Device Operator" is defined as a person, corporation or firm operating a business at a particular location in the city, wherein, amusement devices, as defined herein, are available to the public for operation. (d) "Amusement Device Owner" is defined as a person, corporation or firm who has legal title to an amusement device, as defined herein, or who as a purchaser is entitled to possession under a retained title Contract, conditional, sales agreement, vendor's lien agreement or other purchase agreement of an amusement device, as defined herein. (e) "Amusement Device Operators License fees," as herein defined, constitute fees to be paid to the city treasurer for the annual privilege of operating automatic vending machines and amusement devices in the city for %he fiscal year from the first day of July to the thirtieth day of June following. When any fee is paid after more than one full month has elapsed from and after the first day of July in any year, the amount to be paid shall be prorated according to the number of months remaining in said fiscal year; provided, however~ that a license fee for a full month shall be paid for operation of such machines for any part of a month. (f) ~'~usement Device Owners License fees, as herein defined~ constitute fees to be paid to the city treasurer for the privilege of operating amusement devices in the city. Such fees shall be payable in quarterly installments on/or before the last day of each calendar quarter. -1- (g) "Penny arcade" means a place of business established chiefly for the amusement of its customers by the use of amusement devices and/or other types of coin operated devices. (h) "Shooting gallery" means a place of public amusement where bullets, arrows or projectiles of any kind may be shot, thrown in any manner or bv the use of any type of force or power, projected at targets, upon payment of a fee or charge, or for other consideration. Section 2: No Amusement Device Owners License is require u--~ this ordinance if an admission tax is collected upon the amusement device pursuant to Ordinance No. 1521. Section 3: Ordinance No. 2177, Section 5, as amended bv Ordinance No. 2541, Section 1, Ordinance No. 3132, Section 3, and Ordinance No. 3592, Section 4, is hereby amended to read as follows: A~USEMENT DEVICE OPEraTORS LICENSE REQUIRED - TRANSFER RESTRICTIONS. It is unlawful for any person, firm or corpor, ation to operate any amusement device, or any manually controlled or operated amusement device, electronically powered or otherwise, in the city, without having first obtained an Amusement Device Operators License to do so, obtained in the manner hereinafter set forth. Annual license fees shall be as follows: For amusement device where the price is less than twenty-five cents - Ten Dollars; For amusement device where the price is twenty- five cents or more - Twenty-five Dollars; Licenses herein provided for shall be issued only to the person, firm or corporation operating a business at the particular location where the device is installed, kept or operated, and neither the device nor the license therefor may be transferred except in case of a bona fide sale of such business. In the event that the license fee is not paid k within fifteen days of the due date, there shall be levied a delinquency fee of three dollars or ten percent of the annual gross license fee due plus delinauent charges, whichever is greater. This penalty shall also extend to machines placed on the premises anytime during the license year, if a license is not acquired at the time of placing the machine. Section 4: A~US~NT DEVIC~ O~ERS LiCE~SE R~UI~D. I~ is unlawful after January 1, 19§2, for any person, firm or corporation to own any amusement device in the city without havinq first obtained an ".AmuSement Device Owners LicenSe"i'.to do so, obtained in the manner hereinafter set forth. The license fee for any amusement device which is operated or activated by the insertion of a coin shall be based uoon the minimum price levied for play or use of the device. For each five cents ($.05) of said price the license fee shall be twenty dollars ($20.00) per year, payable in quarterly installments on/or before the last day of each calendar quarter. Any person licensed pursuant to this chapter shall on forms provided by the City Treasurer maintain an amusement license location schedule, showing the location of each amusement device license issued. -2- The remittance as herein provided, shall be 'accompanied by the amusement license location schedule and submitted to the City Treasurer on or before the last day of each calendar quarter. On that date, all machines listed on the schedule shall be deeme~ to be licensed. In the event that the license fee is not paid within fifteen days of the due date, there shall be levied a delinquency fee of three dollars or ten percent of the quarterly gross license fee due plus delinauent charges, whichever is greater. Section 5: In addition to the penalties and delinquency fees provided for herein, interest shall be calculated at the rate of twelve (12) percent per annum on all license fees delinquent beyond ninety (90) days. Section 6: Ordinance No. 2177, Section 6 is hereby amended to read. l~as follows: Any person, firm or corporation desiring to apply for one o~ more of the licenses provided for by this Ordinance shall file a written application for such license with the city Clerk on a form prescribed by the City Clerk and at the time of aDplying for such license shall deposit with the City Treasurer the full amount of the license fee for the period for which application is made, which the City Treasurer shall hold in trust pending qranting or denial of the said application. Section 7: The City Clerk and the City Treasurer are hereby empowered to administer and carry out the provisions of this ordinance. Section 8: Ordinance No. 2177, Section 4, as amended by Ordinance No. 3132, Section 2 and Ordinance No. 3592, Section 3 is hereby amended to read as follows: It is unlawful for any Dersont firm or corporation to operate any automatic vending machine, except not more than one such machine operated by a one cent coin, without first having obtained from the City Clerk a license, licensing the location at which Such machine or machines are to be operated. The fee for such license shall be five dollars Der vear for each location and shall be applied for and issued in the name of the person, firm or corporation operating the location. Licenses provided for in this chapter shall be issued only to the person, firm or corporation operatin~ a business at a particular location, and neither the device nor the license may be transferred, except in the case of a bona fide sale of such business. In the event that the license fee is not paid within fifteen days of the due date, there shall be levied a delinquency fee of three'dollars or ten percent of the annual gross license fee due plus delinquent charges, whichever is ~reater. This Denalty shall also extend to machines placed on the premises anytime during the license year, if a license is not acquired at the time of placing the machine. Section 9: It is a violation of this ordinance for the owner of any amusement device to fail to disDlay his/her name and current address on each amusement device when in use or available for use or play. It is unlawful for the owner, operator, manager, or other person in charge of any ~lace or location to permit or allow to be used or pla~Ted in such place any amusement device not having ~ttached thereto the name and current address of the owner'o~ the amusement device. --3-- Section 10: Any person violating any provisions of this chapter is ~uilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in a sum not to exceed five hundred dollars ($500.00). Any person who engages in, or carries on, any business subject to a license hereunder without having first obtained an amusement license shall be guilty of violation of this chapter for each day during which the business is so engaged any person who fails to pay the license fee or any part thereof on or before the due date, shall be deemed to be operating without a license. Section 11: Ordinance No. 347, Section 1, as amended by Ordinance No. 1468, Section 1, Ordinance No. 3132, Section 1, and Ordinance No. 3592, Section 2 is herebv amended to read as follows: It is unlawful for any person, firm or corporation to open, operate, maintain or conduct any bowlinq allesT or box ball alley, for the use of which a compensation is charged, without first procuring a license to do so. The annual fee for which license shall be as follows: Bowling alley license fee - TwelVe dollars Der year, ~er alley. Box ball alley license fee - Ten dollars per year, per alley. In the event that the license fee is not paid within fifteen days of the due date, there shall be levied a delinquency fee of three dollars or ten percent of the annual gross license fee due plus delinquent charqes, whichever is greater. This penalty shall also extend to machines placed on the premises anytime during the license year, if a license is not acquired at the time of placing the machine. Section 12: Ordinance No. 1442, as amended, is hereby repealed. APIPROVED by~theCity Commissioners on the first reading this day of ~,~ , 19~ . PASSED by the City Commissioners of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~,~ day of ~e¢~F~ , 19~/. ATTEST: CITY CLERK