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HomeMy WebLinkAbout1977-2079 AMUSEMENT DEVICE BUSINESSES. ORDINANCE NO. AN ORDINANCE relating to licenses and business regulations; defining terms; requiring amusement device business operator's licenses, master licenses and location licenses; amend- ing Sections 5.12.010, 5.12.020, 5.12.040, 5.12.050, 5.12.060 and 5.12.070, and enacting. new Sections 5.12.030 and 5.12.080, and repealing Sections 5.12.100 and 5.12.110 and Chapter 5.40, "Juke Boxes ", and Sec- tions 5.40.010, 5.40.020, 5.40.030, 5.40.040 and 5.40.060, all of the City of Yakima Municipal Code; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.12.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.1.2.010 Definitions. For the purposes of this chap- ter, the following terms shall have the following meanings: 1. 'Amusement device' means a coin operated machine, device or apparatus which is mechanically, elec- trically or hand operated and which is designed and used for the purpose of playing a game of skill or chance by one or more players solely for the purpose of amusement and /or entertain- ment of the player or players. In addition, the term includes 'juke boxes' as hereinafter defined. Without limiting the generality of the foregoing, the term includes flipper games, foosball games, electro -da.rt games, video games, coin operated shuffleboards and bowling games. The term does not include machines, devices or apparatus designed and used for the purpose of dispensing merchandise nor does it include gambling devices or peep shows or panorams, as the terms are hereinafter defined. Further, the term does not include billiard tables or pool tables as provided in Chapter 5.18. 2. 'Peep shows or panorams' means any mechanical device which upon insertion of a coin or by other means, exhibits or displays a picture or view on film. . 3. 'Gambling device' means a coin operated machine, device or apparatus which is mechanically, elec- trically or hand operated for use by one or more players for the purpose of being awarded money, objects of value or free games if, with reference to the free games, the device contains a mechanism for varying the chance or odds of winning depend- ing upon the number of coins or tokens inserted or deposited. 4. 'Juke box' shall have the usual and ordinary meaning including any machine, device or apparatus designed to be operated so as to produce or play music by the insertion or deposit of a coin, token or other thing of value. 5. 'Amusement device operator' means any person who owns amusement devices which are installed, maintained or operated at the place of busi- ness of another, regardless of whether the 411 devices are leased, rented or placed at the location of another on a sharing of proceeds basis. 6. 'Business operator' means a person who owns or operates the business where amusement devices are installed, maintained or operated. 70 'Location' means business premises of the busi- ness operator, and if the same business operator operates businesses at different locations, each location shall constitute a location for the purpose of this chapter. 8. 'Person' means any natural person, firm, part- nership, corporation, association, trust or any other form of legal entity. 9. 'A year' or 'annual' shall mean the twelve- month period from July 1 to June 30." Section 2. Section 5.12.020 of the City of Yakima Municipal 410 Code is hereby amended to read as follows: "5.12.020 Licenses. A. Licenses required. Commencing July 1, 1977, it shall be unlawful for any person to install, maintain or operate in any business establishment or for the purposes of profit within the City of Yakima any amusement device without first obtaining from the City Clerk the applicable license and paying to the City of Yakima the appropriate licensee fee as required by this section. B. Business operator's license--Fee. Each business operator who installs, maintains or operates an amuse- ment device owned by the business operator at the busi- ness operator's location shall pay an annual license fee of $28.00 per amusement device.. This license fee shall be prorated quarterly so that the license fee per amusement device shall be $28,00 if obtained from July 1 through September 30, $21.00 if obtained from October 1 through December 31; $14.00 if obtained from January 1 through March 31; and $7.00 if obtained from April 1 through June 30. This license shall be for each amuse- ment device and at the time of obtaining the license, the business operator shall furnish the City Clerk with all appropriate information as may be required, including a description and serial number of each amusement device being licensed. -2- C. Master License and location license for amuse- ment device operators. Each amusement device operator shall, before doing business within the city limits of the City of Yakima, obtain a master license from the City • Clerk 'by paying an annual license fee of $250.00. The annual master license fee shall not be subject to pro- ration if acquired at a time other than July 1 of each year. At the time of obtaining the master license from the City Clerk, the amusement device operator shall fur- nish the City Clerk with all information as may be required including but not limited to a list of locations where the amusement operator has installed, maintains or operates amusement devices and the number of amusement devices located at each location. In addition, there shall be a location license fee payable by each amusement device operator based upon a fee of $28.00 per amusement device at each location; provided, however, the obtaining of a master license, as provided for in this chapter, shall entitle the amusement device operator to install, main- tain and operate not more than ten (10) amusement devices at locations within the City of Yakima, without paying the additional location license as provided for herein. The location license fee, when applicable, shall be pro- rated depending upon the time of year obtained; that is, if obtained from July 1 through September 30, the loca- tion license fee shall be $28.00; if obtained from Octo- ber 1 through December 31, the location license fee shall 111 be $21.00, if obtained from January 1 through March 31, the location license fee shall be $14.00; and if obtained from April 1 through June 30, the location license fee shall be $7.00. The location license as required here- under shall be for each location and the number of amuse- ment devices at each location and not for each specific amusement device." Section 3. Section 5.12.030 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "5.12.030 Information required on license. The City Clerk shall prescribe the form of all licenses provided herein and each license of a business operator where amuse- ment devices are located shall indicate thereon the serial number of each amusement device, the make of the same and any and all other information which may be necessary to identify the same and shall also indicate thereon the location at which said device shall be displayed for use by the public. No such device owned by a business operator shall be removed from location shown on the license issued 411 therefor without notifying the City Clerk. The amusement device operator's master license shall be issued to the licensee and displayed at the amusement device operator's place of business; provided, the City Clerk may issue loca- tion licenses to amusement device operators to be dis- played at the location where amusement devices owned by the amusement device operator are located." -3- Section 4. Section 5.12.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.12.040 Prohibited refunds. No surrender, revocation or other cancellation, irrespective of the cause therefor, of any license issued under this chapter shall entitle 111 the holder thereof to any refund of any license fee paid hereunder or any part thereof." Section 5. Section 5,12.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.12.050 Prohibition against using license of another. No person shall maintain, install or operate any amusement device in the name of another nor under the license of another." Section 6. Section 5,12.060 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.12.060 Confiscation and padlocking of machines. Any amusement device operated in violation of this chapter may be confiscated by the City and may be padlocked or otherwise rendered unplayable as the City Clerk may deem fit, and any person removing a padlock from such amusement device or making such amusement device playable without written permission of the City Clerk shall be guilty of a misdemeanor." Section 7. Section 5,12.070 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.12.070 Operation of juke boxes. Juke boxes shall at all times be so operated, supervised and controlled so as not to constitute a nuisance and so as not to unduly annoy and disturb others." Section 8. Section 5.12.080 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "5.12,080 Severability. If any section, part of a sec- tion, clause or sentence of this chapter shall be held uncon- stitutional or invalid, such decision shall not affect the validity of the remaining provisions of this chapter." Section 9 Sections 5.12.100 and 5.12,110, and Chapter 5.40, "Juke Boxes", of the City of Yakima Municipal Code, including Sections 5.40.010, 5.40.020, 5.40.030, 5.40.040 and 5.40.060, are hereby repealed. -4- Section 10. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this ZO day of ____ 1977. 4 .41/ -A-. 1 - 1 ( Mayor ATTEST: Pr. • City erk • .5.