HomeMy WebLinkAbout4047 ORDINANCE ,,~,~/7
AN ORDINANCE setting an Amusement Device
Tax and repealing Ordinance #2177, Sections
1, 2, 4, 5, 6, 8; #2541, Section l; #3132,
Sections 2, 3; #3592, Sections 3, 4; #3625,
Section 23; #3669, Sections 1, 2, 3, 4,
6, 8, 9, 10; #3718, Section l; #3753, Sec-
tions 1, 3; #3895, Section l, and #3925
Section 1.
The City Council of the City of Bremerton does hereby
ordain:
SECTION 1. DEFINITIONS
(a) "Amusement device" means a game or device which is
primarily a game of skill, including, but not limited to, games
or devices requiring hand-eye coordination and/or intellectual
processes, wherein achieving high scores in playing the game is
determined by the skill of the players and not as a result of
chance or an element of change as a part of the game. Amusement
devices may confer only an immediate and unrecorded right of
replay to the players. This 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) "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.
(c) "Penny arcade" means a place of business esta-
blished chiefly for the amusement of its customers by the use of
amusement devices and/or other types of coin-operated devices.
(d) "Shooting gallery" means a place of public amuse-
ments where bullets, arrows or projectiles of any kind may be
shot, thrown in any manner or by the use of any type of force or
power, projected at targets, upon payment of a fee or charge, or
for other consideration. Exempted from this definition are
establishments that provide electronic dart games.
SECTION 2. SHOOTING GALLERIES UNLAWFUL
Because of the hazard to the public and in the interest
of public peace, health and safety, it is unlawful to operate a
shooting gallery or gal/eries ~n the city.
SECTION 3. AMUSEMENT DEVICE - TAX REQUIREMENTS
(a) It is unlawful for any person, firm or corporation
to own and/or operate any amusement device for commercial
purposes without having first obtained and being the holder of a
valid city business license pursuant to the terms and conditions
set forth in Chapter 5.02 of this code.
(b) Amusement Device Tax.
(1) Any person, firm or corporation which owns
any amusement device for commercial purposes shall be required to
remit to the city a tax which shall be equal to the gross
receipts derived therefrom multiplied by the rate of two percent
(2~).
(2) The tax shall be payable in quarterly installments
on or before the thirtieth day of the month following the end of
the calendar quarter.
(3) The tax remittance, as herein provided, shall be
accompanied by an amusement device location schedule every
calendar quarter.
(4) In the event that the amusement device tax ~s not
paid on or before the due date, there shall be added to the
amount due, a penalty fee as follows:
1-30 days, Ten (10~) of tax due, minimum penalty of $3.00;
31-60 days, F~fteen (15~) of tax due, minimum penalty of $4.00;
6! or more days, Twenty (20~) of tax due, minimum penalty of
$5.00.
(5) In addition to this penalty, the city treasurer
may charge the taxpayer interest of one percent of all taxes and
fees due for each thirty-day per~od or portion thereof that such
amounts are past due.
(6) Failure to make payment in full of al/ tax amounts
and penalties within sixty days following the day the tax amount
initially became due shall be both a civil and criminal violation
of this section.
SECTION 4. DISPLAY OF OWNERS NAME AND ADDRESS REQUIRED
(a) It is a violation of this chapter for the owner of
any amusement device to fail to display his/her name and current
address on each amusement device when in use or available for use
or play.
(b) It is unlawful for the owner, operator, manager,
or other person in charge of any place or location to permit or
allow to be used or played in such place any amusement device not
having attached thereto the name and current address of the owner
of the amusement device.
SEOTION 5. PENALTIES
Any person violating any provisions of this chapter is
guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine in a sum not to exceed five hundred dollars.
SECTION 6. HEARING EXAMINER
(a) License-Revocation - The City Clerk may revoke the
license whenever he/she shall have reason to believe that the
licensee has violated any of the provisions of this Chapter. In
the event the City Clerk shall revoke the license (s) he shall
cause to be served upon the licensee an order by certified mail
which states the reasons therefore and the licensee's appeal
rights. Such revocation shall take effect fourteen (14) calendar
days from the date of receipt of notice by certified mail, unless
the licensee fi/es a written appeal with the office of the
Hearing Examiner before the effective date of the City Clerk's
administrative decision or revocation.
(b) Appeal of License Revocation - Any person whose
license is revoked by the City Clerk may appeal such revocation
in writing to the Office of the Hearing Examiner within fourteen
(14) calendar days from the time notice of the City Clerk's
intent to revoke his or her license. Any subsequent hearing
before a hearing examiner shall be conducted in accordance with
the procedures for conducting hearings on appeals of
administrative decisions in the Administrative Procedures
Ordinance of the City (Ordinance No. 3961). The determination
appealed from shall be regarded as prima facie correct. The
examiner may affirm or reverse the final decision of the City
Clerk. The decision of the examiner shall be final unless a
petition for reconsideration by the examiner is accepted or
appeal of the examiner's decision is taken to the City Council
pursuant to the provisions of the Administration Procedures
Ordinance.
APPROVED by the City Council on the first reading this
day of ~~ , 1986.
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested to by the City Clerk in
authentication of such passage this L~ day of
~ ,, 1986.
GEN~
of Bremerton
ATTEST:
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services