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HomeMy WebLinkAbout1985-2863 LICENSING & REGULATIONS OF AMUSEMENT DEVICES ORDINANCE NO. 2863 AN ORDINANCE relating to licenses and business regulations; specifically relating to licensing and regulations of amusement devices, billiard and pool halls; repealing Chapter 5.10 "Amusement Arcades", Chapter 5.12 "Amusement Devices" and Chapter 5.18 "Billiard and Pool Halls" and all sections of each chapter; and enacting Chapter 5.12 "Billiard and Pool Halls -- Amusement Devices" and sections thereof as a new chapter and sections of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: • Section 1. Chapter 5.12 "Amusement Devices". SectiOns 5.12.010, 5.12.020, 5.12.030, 5.12.040, 5.12.050, 5,12.060, 5.12.070, and 5.12.080are hereby repealed. • Section 2. As the repeal by Section 1 of this ordinance becomes effec- tive, there is hereby enacted Chapter 5.12 "Billiard and Pool Halls— Amuse- ment Devices" and sections thereof, as a new chapter and new sections of the • City of Yakima Municipal Code to read as follows: "Chapter 5.12 • Billiard and Pool Halls -- Amusement Devices 5.12.010 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: 1. "Amusement device" means a coin-operated machine device or apparatus which is mechanically, electrically 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 entertainment of the player or players. In addition, the term includes "juke boxes", as defined in subsection 6 of this section. Without limiting the generality of the foregoing, the term includes flipper games, foosball games, electro-dart games, video games, coin-operated shuffleboards, and bowling games. The tetra does not include machines, devices or apparatus designed and used for the purpose of dispensing merchandise nor does it include gambling devices or peepshows or panorams, as the terms are defined in this section. Further, the term does not include billiard tables or pool tables. 2. "Amusement device operator" means any person who owns amusement devices which are installed, maintained or operated at the place of business of another, regardless of whether the devices are leased, rented or placed at the location of another on a sharing-of-proceeds basis. 3. "A year" or "annual" means the twelve-month period from July 1st to June 30th. 4. "Business operator" means a person who owns or operates the business where amusement devices, billiard tables or pool tables are . installed, maintained or operated. 5• "Gambling device" means a coin-operated machine, device or apparatus which is mechanically, electrically 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 depending upon the number of coins or tokens inserted or deposited. 6. "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. STLIII E5 • 7. "Location" means business premises of the business 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. "Peepshows 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. 9. "Person" means any natural person, firm, partnership, corporation, association, trust or any other form of legal entity. 5.12.020 Licenses. A. Licenses Required. Commencing July 1, 1985, it is 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, pool table or billiard table without first obtaining from the city the applicable license and paying to the city of Yakima the appropriate license fee as required by this section. B. Business Operator's License - Fee. Each business operator who installs, maintains or operates an amusement device owned by the business operator at the business operator's location shall pay an annual license fee of thirty -three dollars and sixty cents ($33.60) per amusement device. This license fee shall be prorated quarterly 80 that the license fee per amusement device shall be thirty -three dollars and sixty -cents ($33.60) if obtained from July 1st through September 30th; twenty -five dollars and twenty cents ($25.20) if obtained from October 1st through December 31st, sixteen dollars and eighty cents ($16.80) if obtained from January 1st through March 31st; and eight dollars and forty cents ($8.40) if obtained from April 1st through June 30th. This license shall be for each amusement device and, at the time of obtaining the license, the business operator shall furnish the city with all appropriate information as may be required, including a description and serial number of each amusement device being licensed. The license fee for each billiard table or pool table shall be the amount of fourty -six dollars and twenty cents ($46.20) per year, payable annually in advance to the city at the time application is made for such license. C. Master License and Location License for Amusement Device Op- erators. Each amusement device operator shall, before doing business within the city limits of the city of Yakima, obtain a master license from the city by paying an annual license fee of three hundred one dollars and thirty -five cents ($301.35). The annual master license fee shall not be subject to proration if acquired at a time other than July 1st of each year. At the time of obtaining the master license from the city, the amusement device operator shall furnish the city 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, pool tables and billiard tables and the number and location of the same. In addition, there shall be a location license fee payable by each amusement device operator based upon a fee of thirty -three dollars and sixty cents ($33.60) 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, maintain and operate not more than ten 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 prorated depending upon the time of year obtained; that is, if obtained from July 1st through. September 30th, the location license fee shall be thirty -three dollars and sixty cents ($33.60); if obtained from October 1st through December 31st, the location license fee shall be twenty -five dollars and twenty cents ($25.20); if obtained from January 1st through March 31st, the location license fee shall be sixteen dollars and eight cents ($16.80); and if . obtained from April 1st through June 30th, the location license fee shall be eight dollars and forty cents ($8.40). The location license as required hereunder shall be for each location and the number of amusement devices at each location and not for each specific amusement device. 5.12.030 Information required on license. The Code Administration Manager or his designee shall prescribe the form of all licenses provided herein and each license of a business operator where amusement devices, pool tables or billiard tables are located shall indicate STLIII E6 thereon the serial number of each amusement device, pool table or billiard table, 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 or table owned by a business operator shall be removed from the location shown on the license issued therefor without the business operator notifying the Code Administration Manager • or his designee. 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 Code Administration Manager or his designee may issue location licenses to amusement device operators to be displayed at the location where amusement devices owned by the amusement device operator are located. 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 the holder thereof to any refund of any license fee paid hereunder or any part thereof. 5.12.050 Prohibition against using license of another or assign- ment. No person shall maintain, install, or operate any amusement device, pool table or billiard table in the name of another nor under the license of another. No person shall transfer a license issued under this chapter from one place to another. 5.12.060 Confiscation and padlocking of machines. Any amusement device, pool table or billiard table operated in violation of this chapter may be confiscated by the city and may be padlocked or otherwise rendered unplayable as the Code Administration Manager may deem fit, and any person removing a padlock from such amusement device or making such amusement device playable without written permission of the Code Administration Manager shall be guilty of a misdemeanor. 5.12.070 Minors. It is unlawful for any person, firm or corporation owning, keeping or managing a billiard room or poolroom to admit thereto or to allow to remain therein any person under the age of twenty -one years where such billiard room or poolroom is operated in connection with any place where beer, wine or intoxicating liquor is sold, or where there is a common entrance to such billiard room or pool room and to any place where beer, wine or intoxicating liquor is sold, or where there is any connecting door or window between such billiard room or poolroom and any place where beer, wine' or intoxicating liquor is sold. 5.12.080 Operation of juke boxes. Juke boxes at locations licensed under this chapter, 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. 5.12.090 Revocation of licenses -- Procedures. Any license issued under this chapter may be revoked by the Code Administration Manager for fraud or misrepresentation in making application for such license, or for failure to comply with any provisions of this chapter. The holder of any license revoked by the Code Administration Manager, shall have the right of appeal to the City Council from such revocation by filing a notice of appeal with the City Council within ten days after such notice of revocation is mailed by registered mail to the last known address of the licensee by the Code Administration Manager. The hearing on the appeal shall be held before the City Council or a committee thereof as directed by the City Council. At the hearing, the holder of the license • shall be entitled to be heard in person, to produce witnesses and to be represented by counsel. The action of the City Council on the question shall be final and conclusive. 5.12.100 Severability. If any section, part of a section, clause or sentence of this chapter shall be held unconstitutional or invalid, such decision shall not affect the validity of the remaining provisions of this chapter." Section 3. Chapter 5.10 and Sections 5.10.010, 5.10.012, 5.10.020, 5.10.040, 5.10.060, 5.10.070, 5.10.090, and Chapter 5.18 and Sections STLIII E7 5.18.010, 5.18.020, 5.18.030, 5.18.040, 5.18.050, 5.18.070 all of the City of Yakima Municipal Code are hereby repealed. Section 4. All current licenses granted under Chapters 5.12, 5.10 and 5.18 of the City of Yakima Municipal Code shall remain in full force and ef- fect through June 30, 1985. Nothing in this chapter is intended to require a person with a valid license in full force and effect issued under any of the aforementioned three chapters to obtain a new license under this chapter prior to July 1, 1985, unless such person engages in an activity for which a license is required which is not covered by a valid and subsisting license. Section 5. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 9th day of April , 1985. S / CLARENCE C. BARNETT MAYOR ATTEST: • /s/ KARFN C LER K , ROE3ERTS CITY Publication Date LAPR 1 I 'IT Effective Date MAY 1 2 igas STLIII E8