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Home My WebLink About1909· ~· ORDINANCE NO. 1909 k k AN 0RDINANCE' relating to regulating and licensing certain ~unchboards s?~i~dle games, and sim.ilar[ ~evices whetl~ r used as "trade stimulants" or ' otherwise; fixing fees, pzo~iding for eni'orcement, and for the issuance -and revoc~ion bi' licenses, by the City Treasurer and prescribing penalties. TH~CITY OF SREMERTON does ordain: Section I. It shall be unlawful to display, exhibit or expose for use, op ratio , or perm t to be use , played or operated any ohboard, spi ? e or 'similar device waether used as a so-called "Trade stimulant" may be exhibited, ~exposed, used, or played theretmder. Further, it sl~all be unlawful to display, exhibit or expose for use, play or operation, ~r permit to be used, played or operated any punch board, spindle game or similar device whether used as a "trade stimu].ant" or other- wise, without having A~ffixed to such device a stamp or stamps as required in Section 4 of this ordinance.., Section 2. It shall~ be unlawful to be or become ~ operator, which means anyone who owns or exhibih? for use, play or operation, or who leases or rents to, or places with others skny such device described in Section 1 hereof, with- out a valid and subsisting t~icense ~0 be designated as "Operator.s Trade Stim- ulant Device License." The ~ity Treasurer shall prescribe r]~e form cz' such license. It shall be unlawful rot a~y operator in any place not covered by the re- quired location license, to display or exhi0it rot use or play, or to lease or rent to ,another rot any such Pn~pose, any such device. Further, it shall be unlawfu]~ rot any operator to display or exhi0it rot use or play or to lease or rent to~kanother rot such purpose any such device without having first affixed thereto~ a stamp or stamps as recyired in Section 4 or this ordinance. Section 3. It shall 'be unlawful ~0r anyone to be or become a Wholesale Distributor or any such device as descri,bed in Section i hereof without hav- ing a valid and subsisting license ~o hekdesignated as "Wholesale Distribu- tor's Trade Stimulant Device License," whi, ch license saall at ail times be conspicuously posted and maintained at the~.~lace of business of ohe distribu- tor in Bremerton;. provided only one such li&~ense shall be required for each one engaged in such business without regard ho the number oz' individual salee- \ men employed and ir no place or 0usiness is maintained in Bremerton, the lic- ense or a copy shall be carried by such salesma~ and exhibited to any agent of the City Treasurer or to any police officer upo~request. The City Treasurer shall prescribe the form of such license. Section 4. The license year shall be from Juky i to June 30th, and lic- ense tee shall be payable on the annual basis. Any license mssued on and sub- sequent to January i in any one year the tee therefor shall be one-half the annual fee. The annual tee for tke license shall be as follows: Locations Owner's Trade Stimulant Device License -- ~7.50 per annum for three such devices and $5.00 per annum rot eaci'~ such additional device. Operator's Trade Stimulant Device License -- $100.00 per anmnu. Wholesale Distributor.s Trade Stimulant Device License -- ~lOO.00 per Every person coming within more than one o~~ ~he aOove classi£'ications provided in this section shall pay the fu±l license fee required or each part- icular classification. In addition to the license, suitable stamps in the form prescribed by the City Treasurer shall 0e al'fixed to each such device as is described in Section i hereO'~, by the Wholesale Distributor, before such device may be leased, displayed, used or sold in the City oz' Bremerton, and the tee for each such stamp shall be an amount equal tO 4% or the potential value or yield or any such device! Suc~ value shall be determined by multiplying the numoer of tick- ets or sli~s used in or on each device, by the money' purchase price cz' each such ticket or slip, irrespective or ~he method oz' attachment or each to the device. Section 5. It s~all be unlawful to sell, exchange, display', or exhz~pit for use or operation in the City or Bremerton any such device described i~ Section I hereof unless the same shall have indelibly printed, painted, stamp- ed or impressed thereon, the ns~ae and address and te±epaone ntunber of -ohe W~gle sale ~istributor t~ereor; and ir rented, leased, displayed or exhibited by an~ operator, the nsmue and address and ~elepaone number oz' the Operator sha±l als0k be indelibly printed, painted, stamped or impressed thereon, and no such licen~.~ shall be issued to any one not a resident or ~he City bi' Bremerton. ~ Section 6. It shall be unlawful to sell, operate or use or permit operated or used, or to possess, exhibit or display any such device as is de- scriOed in Section 1 hereoZ' whict~ may be used for gambling or I'or playing a gm~e of chance thereon, or to sell or display for purposes oI' sale or to keep, maintain or operate or permit to be kept, maintained or operated any such de- vice which is so constructed as to automatically make a direct.pay-o£'f in cash, checks or tokens, or to circulate trade checks, trade certil'icates or slugs in connection with the operation of any such device and all prizes shall be payable solely in merchandise. Section 7. ~It s~all Oe unlawful Z~or anyone under the age of twenty-one years to play or mperate any device such as is descriOed in Section 1 f~ereof a~nd it shall Oe un~awful for any operator or any owner o~' any such device or ior any manager or qther person in charge bi' premises where such device:~s kept, maintained or aperated or permitted to be kept, maintained or operated, to permit or allow anyone un~er twenty-one years o~' age ~o play, operate or tLSe any such device. Section 8. The Cit~ Treasurer, with the approval of the City Cotmcil, may adopt and eni'orce rt~l~s and regulations not inconsistent with this ord- inance for the purpose oi' ~arrying out the provisions th. ereof, a~d it, shall be unlawful to violate or I'~il to comply with any such rules or zegul~tions. k Section 9. No location ~icense ~hall be issued for, nor sha±l any such device as described in Sectionk,~l hereoi' be used or operated in any Ouilding or place within three hundred ('~00) l'eet oZ' the grounds cz, Ouilding bi' any s oho o i. Section lb. The City Treasu~.@r shall be primarily responsible for and it shall, be his duty to eni'orce the~provisionse.~ bi' this ordinance; but this Shall not preclude the assistance an,~ enI'orcement o~' this ordinance by the Chief bi' Police. Ii' the City Treasum~er shall ~'ind that any licensee has vio- lated any provision o~' this ordinance,~" he shall make a written record o~' such finding, and shall speciZ'y therein the"~articulars and he may in his discre- tion revoke the license, and with the c~nsent bi' the City Council revoke the \ license or suspend it for a period -~o be~'.~!'ixed by him, in. which event the license shall be surrendered to said City~Tr asurer and cancelled by him in case o~' revocation, or returned ~o the lic&!~see on expiration .oz' the period o:f suspension and in ~he case of an Operator's license, City Treasurer saall r~mov[ the device described in Section i her,,of provided such re oca ion or failure to revoke i'or violation cz~ any o~' tae~provisions oZ' this ordinance s~all not relieve the licensee bi' the penaltie~ provided in Section 13 acre- of. Any licensee w~ose license is revoked or s~spend_ed sha±l h~.ve to a-~.p, ~a 'to the Czt Council ~rom such revocatz n or uspens~o~ ~e not'ce o~:' ~earing on c~e appea±. ~'he City Council shall~ear the appea±, or may re- fear the same ~o a co~nittee z'or nearing. At the he~ring the licensee shall b~ entitled to appear in person and bi'f er evidence~rtinent to the revocation or suspension; and. ~he City Treasurer shall likewise~oe entitled to be heard at the hearing and ot fer evidence in suoport cz' his o~er bi~ revocation or suspension. 'f~e City Council shall determine by reso,l.~ion wheti~e.r the re- vocation or suspension shall be sustained, and its actiS~ in that respect shall be final and conclusive. From the time of ~'iling ~e writi~en nOtice of appeal until the hearing and action Oy the City Council, ~e order of' the Treasurer of revocation or suspension shall be ineffective.k,~, Section 11 It shall 'be unlawful I'or a ~%q~olesale Distr~buto~ to buy or advance the fee for a location license and unlawful for a location licensee t::, accept '~he z'ee I'rom a wholesaler or an operator. Section 12. In addition to other penalties provided for he2ein, s~ty de- vice coming wZ¢~in the provisions cz' this ordinance z'or which no license has been obtained or which does not have attached thereto a suitable s~fm~p or stamps as provided in Section ~ hereof or any device which is used a,? possess- ed. in violation of the provisions o~' this ordinance, even though licensed, is hereby declared to Oea nuisance, and may be conI'lscated by the City ~reasur- er or 'by his authorizem a~jen~ and ~estroyed. \ Section 13. Penalties. Any violation or failu, re to comply with an~xof the provisions cz~ this ordinance snail subject the offender to a fine in s~ny sum not exceeding three hundred dollars (~300.00) or mmprisor~nent in the Clkty Jail ~or a period not exceeding ninety (90) days, or v,o both such z'ine and imprisonment. '~'~-~__~ Ordinance No. 1~09 (Con't) ~---....__ Section 14.~~is ordinance shall take effect and be in I'o-~ce thirty days from and arCer~assage and ypproval, if approved by the ~ayor, otherwise it shall ~a~{e g~t at the time it snail become a law ~der provisions oz' ~he City APPROVED by the City Co~cil oi' th~~ o~' Brem~rton on ~'irst reading this 24th day or November, 1~50, PASSED. on final reading t~e 1st day oI' December,~O~.~igned by the act lng Mayor and attested Dy the City Clerk in authentication 0i-~hpassage the 1st day of December, 1950,-~ ATTEST: Actlng Mayor - State of tNashinEto. ) tOU~,',~ ot }t;t.,ap ~- S. ~. City of Breme~on ) I, ih~ und~s~ned, dohera ~y certify that ~ ~6~~ ~;~y niCrdm~ce Ho ..A~of th~, City of same has been published according to law, ..... ~, City Cle[~