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.