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HomeMy WebLinkAbout1668 - ORDINANCE NO. 1668 AN ORDINANCE defining and prohibiting Shooting Galleries and .Penny Arcades, defining and providing for the licensing of automatic vending machines and auto- matic amusement devises, repealing Ordinance No. 183 and any other ordinances in conflict therewith, providing penalties, and declaring an emergency. TttE CITY OF BRENERTON DOES ORDAIN: Section. 1. DEFINITIONS: Shooting Gallery. ~A shooting gallery is hereby defined as a place of public amusement where firearms may be shot at targets upon payment of a fee or charge, or for other consideration. Automatic Vendin$ Machines. An automati~ vending machine is ~ereby defined as an ~utom~tic machine or devi~e operated by a coin, or coins, which ~elivers tan- gible merchandise such as candy, gum or cigarettes, upon the deposit of proper coin or coins. Automatic Amusement Devices. An automatic amusement device is hereby defined as a coin opera~'~d device or apparatus, which allows the customer to play a game or to otherwise enjoy the privileges provided by said machine upon depositing the proper coin, except that this definition shall not include any coin operated musical device which requires the aid or assistance of an operator and telephone connections, nor shall it include any game of skill, chance or mixed skill and chance, where any re- ward or payoff can be collected b~ the player. Penny Arcades. A penny arcade is hereby defined as a place of business es- tablished chiefly for the amusement of its customers by the use of automatic amuse- ment devices and/or other types of coin operated devices. License Fees. License fees as herein defined constitute fees to be paid to the city Tr&as'hrer of the City of Bremerton for the annual privilege of operating automatic vending machines and automatic amusement devices in the City of Bremerton for the fiscal year from the 1st day of July to the 30th day of June following. When any f~e is paid after more than one full month has elapsed from and after the 1st 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, and provided further that there shall be no prorating, and the full fee shall be paid unless the amount of the yearly license is more than $5.00. Chief of Police. Chief of Police, as herein used, shall be either the person who shail be Chief of the Police Department of the City of Bremerton, or any member of the Police department, whom he shall have designated to act for him and in his stead during his absence from the city hall in the City of Bremerton. Section ~. Shooting galleries unlawful. On account of the hazard to'"'~he'~ublic and in the interest of public peace, health and safety, it is hereby declared to be unlawful to operate a shooting gal- lery or galleries in the City of Bremerton. Section 3. Penny Arcades unlawful. In the inter~st of'public peace, health and safety, it is hereby declared un- lawful to operate a penny arcade or penny arcades in the City of Bremerton. Section 4. Beginning July l, 1946, it shall be unlawful for any person, firm or corporation, to operate any automatic vending machine, except not more than one such machine operated by a one cent coin, without having first obtained from the City Clerk a license, licensing the location at which such machine or machines are to be operated, and without having obtained and affixed to each machine in operation at such location a stamp issued by the City Clerk bearing the same number as the said license. The fee for such license shall be $5.00 per year for each location and shall be applied for and issued in the name of the person, firm or corporation operating the location desired to be licensed and shall be valid only at such location. Li- censes herein provided for shall be issued only to the person, firm or corporation operating a business at a particular location, and neither the device nor the license may be transferred, except in case of a bona fide sale of such business. Section 5. Beginning July l, 1946, it shall be unlawful for any person, firm or corporation, to operate any automatic amusement device 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 and affixed to such machine a stamp showing payment of such license fee and bearing the same number as the li- cense hereinh~fore referred to. Annual license fees shall be as follows: For Automatic amusement device, operated by a one cent coin, $5.00 For Automatic amusement device, operated by a five cent coin, 35.00 For Automatic amusement device, operated by a ten cent coin, ?0.00 For automatic amusement device, where the price of the amusement sold is more than ten cents, 150.00 Ordinance 1668 (Cont'd) Licenses herein provided for shall be issued only to the person, firm or corporation operating a business at a particular location, and neither the device nor the license may be transferred, except in case of a bona fide sale of such business. Section 6. A~plication and Grantin~ of License. Any person desiring to apply for one or 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 applying for such license shall deposit with the City Treasurer the full amount of the license fee for the cur- rent fiscal year, which the City Treasurer shall hold in trust pending the granting or denial of the said application. The City Clerk shall forthwith deliver said ap- plication to the Chief of Police, who shall make such investigation as he deems ne- cessary to determine whether or not the granting of such license is in the interests of public peace, health and safety. After making his investigation and within ten days, the Chief 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 ap- proves the granting of said license, the City Clerk shall forthwith issue the same and the City Treasurer shall transfer the moneys held in trust into the General Fund. In the event the Chief of Police disapproves said application, the City ~reasurer shall return to the applicant the moneys 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 ~ny evidence submitted by the Chief of Police or others objecting to the 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 event of the receipt of written-notice requesting a hearing before the City Council, the City Treasurer shall not refund the moneys 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 ~ouncil. 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 numbered the same as the number of the license, which the licensee shall firmly affix to each machine or d~vice li- censed hereunder. In the case of Automatic Vending Machines, the licensee may apply for additional stamps without additional charge providing however that such applica- tion shall be delivered to the Chief of Police so that he may inspect the additional machines to be installed in the licensed location. Section ?. Other ordinances and laws remain applicable. The license fee~ ~erein fixed ar~ ~or regulation and revenue, and are in ad- dition to the license fees fixed by other ordinances of the City of Bremerton for other and different types of amusement or vending machine devices. The payment of the license fees herein established shall not exempt or relieve the licensee from the payment of any other fees or charges according to other city ordinances or state or federal law. Section 8. Repeal of conflictin~_o, rdinances. Ordinance No. 183 of'~he City of Bremerton relating to shooting galleries, to- gether w~th all other ordinances, or parts of ordinances of the City of Bremerton, in conflict with the terms or provisions of this ordinance, are hereby repealed. Section 9. Penalties. Any person violating any of the provisions of this ordinance 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 exceeding 90 days, or by both such fine and imprisonment. Section lC. Partial invalidity. If any sectio~ or part of this ordinance Oe declared to be unconstitutional or invalid by a court of proper Jurisdicaion, such invalidity shall not affect the re- maining portions of this ordinance. Section ll. Emer6ency. That an emergency exists affecting the public peace, health and safety cC the City of Bremerton and ~his ordinance shall take effect immediately following passage and publication. PASSED by the City Council of the City of Bremerton, signed by the Mayor, and attested by the City Clerk in authentication of such passage, this~lSth day of April, 1946.