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Home My WebLink About2177 ORDINANCE NO. 2177 AN 0HDINANCE de£ining and prhibiting Shooting Gallaries and Penny Arcades, defining and providing for the licensing of automatic vending machines and amusement devices, repealing Ordinances No. 1688, 1678, 1837, 1872 and 1889 and declaring an emergency. THE CITY OF BREMERTON DOES ORDAIN: Section 1. DEFINITIONS: S~ooting Gallery. A Shooting Gallery is hereby defined as a place of public amusement where bullets,.arrows or projectiles of any kind may be shot, thrown, or in any manner or by the use of any type o£ force or power, projected at targets, upon pa,,ment of a Fee or charge, or for other con- sideration. Automatic Vending Machines. An automatic vending machine is hereby defined as an automatic machine or device operated by.a coin or coins, which delivers tangible merchandise such as cand~y gum o~~ cigarettes, up- on the deposit of prop r coin or coins. Amusement Devices. An amusement device is hereby defined as a de- vice or appar~'tus which allows the customer to play a g~ne or to otherwise enjoy the privileges provided by said device, apparatus or machine upon the payment of a fee to'the place of business, or by deposit of a coin or coins in the machine or device. This definition shall not include any coin operated musical device, bowling alleys or regulation pool tables, nor shall it include any device, apparatus or machine classified and pass- edbn by the Tax Commission of the State of Washington as a "Class A" or "10%" taxable amusement device. Penny Arcades. A penny arcade is hereby defined as a place of busi- ness ~sta~l~sh~d chiefly for the amusement of its custom.~rs b'j the use of amusement devices and/or other types of coin operated devices. License Fees. License Fees as herein defined constitute fees to be paid to the C t~-~-Treasurer of the City of Bremerton for the annual privi- lege of operating adtomatic vending machines and amusement devices in the City of Bremerton for the fiscal year from the let day of July to the 30th day of June following. When any fee is paid after more than one full month has elapsed from and after the let day of July in any year, the ~:mount '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 macmhines for any part of a month. Chief of Police. Chief of Police, as herein used, shall be either the person w-~o"shall Ce Ohief of the Police Department whom he shall have designated to act for him and in his stead during his absence from the City Hall of the City of Bremerton. Section 2. Shooting Galleries unlawful. On account of the hazard to the public--and in the interest of public peace, health and safety, it is hereby declared to be unlawful to operate a shooting gallery or galler- ies in the City of Bremerton. D~c~ior~interest of public peace, health and safety, it is hereby dec~¥r~d unlawful to ope~' or penny arcades in the City of Bremerton. Section 4. Beginning July l, 1956, it shall be unlawful for any per- son, firm or corporation to operate any automatic vending machine, ezcept not more than one such machine operated by a one-cent coin, without first having obtained from the City ~ler~ a license, licensing the location at which such machine or machines are to be operated, and without having ob- tained and affixed to each machine in operation at such location a stamp or other aevice issued by the City Clerk bearing the same number as the said license. The fee for such license shall Ce $5.00 per year for each location and shall be applied for and issued in the name of the person, firm or corporation operatin~d the location desired to ~e licensed and shall be valid only at such location. Licenses herein provided for shall be is- ~-~ued only to the person, firm or corporation operating a business at a par- ticulaP location, and neither the device nor the license may be transferred, except in the case of a bona fide sale of such buinesss. Section 5. Beginning July l, 1956, i5 shall 0e unlawful for any per- ,.~...>,son, ~irm or corporation to operate any amusement device, or any manually ORDINANCE NO. 2177 (Con't) controlled or operated mausement device, electricall~ powered or other- wise, in the City of Bremerton, without first having obtained a license so to do, obtained in the manner hereinafter set forth and without having obtained from the City Clerk of the City of Bremerton and ~fixed to each such a machine a stamp or other device showing payment of such license fee and bearing the same number as the license hereinbefore referred to. Annual License Fee shall be as follows: For amusement device where the price is less than 25~ $10.00 For amusement device where the price of the amusement sold is 25~ or more $25.00 Licenses herein provided for shall ce 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 lic- ense therefor may be transferred except in case of a bona fide sale of such business. Section 6. Application and Granting of License. Any person desir- ing to a~ ~or one or more of the licenses provided for by this 0rdin~ ance 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 applying for such license shall deposit with theCity Treasurer the full amount of the License Fee for the current fiscal year, which the City Treasurer shall hold in ~rust pending the granting or denial of said application. the City Clerk shall forthwith deliver said application to the Chief of Police, who ~hall make such investigation as he deems necessary to deter- mine whether or not the granting of such license is in the interests of public peace, health ~nd safety. After making his investigation and w~th- in ten days, the Ohief of Police shall, in writing, endorse either his approval of granting the said license or his disapproval thereof. In the event the Chief of Police approves the granting of said license, the City Clerk shall forthwith issue the same and the City Treasurer shall transfer the monies hel, in trust into the Oeneral Fund. In 'the event the Chief of Police disapproves said application, the City Treasurer shall return to the applicant the monies held in trust, providing however, that if the applicant is dissatisfied with the decision of the Chief of Police, he may, in writing, ask for a hearing before the City Council, and the City Council, after hearing any evidence submitted by the Chief of Police or others o~jecting to ~he granting of the license, shall either~grant or reject the application; provided further, however, that in the event of the disapproval of the application by the Chief of Police, and in the e- vent of the receipt of written notice requesting a hearing before the City Council, the City Treasurer shall not refund the monies deposited with him as and for the license fee, to the applicant until after the hearing before the City Council, and the final disposition of the matter by the City Council. The licenses to be granted under the terms of this Ordinance shall be on forms provided by the City Clerk. The City Clerk shall deliver to the licensee a stamp or other device numbered the same as the number of the license, which the licensee shall firmly affix to each machine or device licensed hereunder. In the case of Automatic Vend- ing Machines, the licensee may apply for additional stamps or other devic- es without additional charge, provided, however, that such application shall ce delivered to the Chief of Police so that he may inspect the ad- ditional machines to be installed in the licensed location. In the case of Amusement Devices, however, the additional license applica~tion for ~hs type of machine to Oe installed shall be deposited with the City Treasurer and procedures taken on an application for ad- ditional machines the same as herein outlined for th~ original applica- tion. Section 7. Repeal of Conflicting Ordinances. That Ordinances No. 1668,--i~1~37, 1872 and 1889 are hereby repealed. Section .8. Penalties. Any person violating any of the provisions of this Ordir~nce shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding ~300.00~ together with the costs of the action, or be imprisoned in the City Jail for a period not exceed- ing 90 days, or by both such fine and imprisonment. Section 9. Partial Invalidity. If' any section or part of th~s Ord- inance be declared to be unconstitutional or invalid by a court of proper jurisdiction, such invalidity shall not affect the remaining portions of this ordinance. ORDINANCE NO. 2177 (Con't) Section 10. Emergency. ~hat an emergency exists affecting the public peace,-~ealth and safety of the City of Bremerton and this Ordinance shall take effect immediately following passage and publi- cation. PASSED UNANIMOUSLY by the City Council of the Oity of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 2?th day of June, 1956. ATTEST: H.O. DOMSTAD~ Ma~of E.H.T. NcGowan, City Clerk