Loading...
HomeMy WebLinkAbout1950-B-1093 64 Rep AL OR 1440. ��ZT *.Z 01v ORDINANCE NO. B -1093 AN ORDINANCE providing for the classifying and licensing, for purpose of regulation and revenue, the location, operation and control of amusement devices and games for the use of the public; providing penalties for the violation hereof, repealing Ordinance B -989 and all amendments thereto and all other ordinances in conflict herewith, and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. CLASSIFICATION AND DEFINITIONS. "Amusement devices'! as used in this ordinance are classified and defined as follows: a. A Class "A" amusement device shall mean any machine, table, game or device designed to be operated or used for playing a game either upon insertion of a coin, trade check, slug or other token, and which is played or operated essentially for amusement and entertainment, but shall not mean or include any machine or device used exclusively for the vending of merchandise, No machine, table, game or device in which there exists any gambling element and ih the playing of which is included any provision for pay -off to the player of any cash, merchandise, token, trade checks or other thing of value, not including free games , either directly or indirectly, shall be included in the definition contained in thisordinance and all such devices are hereby declared to be un lawful. b. A Class "B" amusement device shall mean a machine, machines or equipment or a combination of machines and equipment designed and operated as a game for amusement purposes. All such machines or equipment operated in a single room shall be considered as one game regardless of number of players provided for. A Class "B" amusement device shall not contain any of the following features, to -wit: (1) Coin operation, nor operation by trade check or other substitute for a coin. (2) Directly or indirectly provide for payment to the player in cash • nor in coupon or credit redeemable in cash. (3) The element of chance predominating over the element of skill in playing. (4) Any charge for playing said device or game in excess of 109 per person per game. 0. "Operator" shall mean any person who leases or rents to or places with others any amusement devic as defined herein for use, play or operation. d. "Person" shall mean and include an individual, corporation, co- partner- ship or association. Section 2. LICNESES REQUIRED. Before any anumsement device or machine as defined in this ordinance shall be displayed or placed for use or otherwise used, the following licenses shall be required and it shall be unlawful to display , place or otherwise use any such machine or device without first having secured such licenses: a. For Class "A" amusement devices, a Class "A" Operator's License and an Amusement Device License. b. Fore Class "B" amusement devices, a Class "B" Operator's License and a Location License and an Amusement Device License. The City Clerk shall prescribe the form of all licenses provided for herein and each license covering the operation of an amusement device, machine or game shall indicate thereon the serial number of such device, machine or game, if any is provided, the make of the same and any other information which may be neces- sary to identify the same, and also shall indicate thereon the location at which such device, machine or game shall be displayed for use by the public. No such device, machine or game shall be removed from the location shown in the license issued therefor without being re- licensed. Section 3. LICENSE FEES. a. The fee for Class "A" amusement device Operator's License shall be pay- able on an annual fee basis in advance on the let day of January of each year and shall be x$1.00 per year. b. The fee for Class "B" amusement device Operator's License shall be pay - able on an annual basis in advance on the lst day of January of each year and shall be x$1.00 per year; PROVIDED, HOWEVER, that an existing class "B" amusement device Operator's License may be renewed for the fractional year ending December 31, 1950, at the rate herein provided. c. The Class "A" amusement device license as defined herein shall be payable on an annual basis in advance on the 1st day of January of each year and shall be $7.50 per year or fraction thereof. d. The Class "B" amusement device license as defined herein shall be payable on an annual basis in advance on the lst day of January of each year and shall be x$250.00 per year or fraction thereof; PROVIDED, HOWEVER, that any existing Class "B" amusement device licenses may be renewed for the fractional year ending December 31, 1950 at the rate hrein provided. (Continued) 65 e. The fee for Location Licenses for Class "B" amusement devices as defined herein shall be payable on an annual basis in advance on the 1st day of January of each year and shall be $10.00 per year; PROVIDED, HOWEVER, that any existing Location license for Class "B" amusement devices may be renewed for the fractional year ending December 31, 1950, at the rate herein specified. f. No surrender, revocation or other cancellation,- irrespective of the cause therefor of any license issued hereunder, shall entitle the holder thereof to any refund or part thereof. g. No license issued under the provisions of this ordinance shall be trans- ferrable from the licensee named therein to any other person, firm or corporation. Section 4. LICENSE APPLICATIONS. All applications for licenses provided for herein shall be filed by the applicant therefor with the City Clerk and shall be referred to the Chief of Police for investigation and recommendation, and all appli '. cations shall be approved by or under the direction of the City Commission before any license shall be issued. Section 5. PLAY BE MINORS PROHIBITED. It shall be unlawful for any person under the age of 21 years to play or operate . any amusement device covered by this ordinance, and it shall be unlawful for any operator or owner of any amusement device or any manager or other person in charge of the premises where any such amuse- ment device is kept, maintained, or operated, or permitted to be kept, maintained or operated, to permit or all any person under the age of 21 years to play or operate any such amusement device.• . Section 6. It shall be unlawful to sell, operate or use or offer for sale, operation or use, or permit to be operated or used, any machine or device customarily used for gambling, and nothing contained in this ordinance shall be construed to legalize or authorize the use of licensing or operation of or sale of slot machines or other gambling devices or games,. Section 7. LICENSE REVOCATIONS. In the event of the violation of any of the terms of this ordinance, such violations shall be grounds for suspension or cancellation of any license issued under this ordinance. The City Commission shall be the sole judge of whether or not there has been a violation of any of the terms of this ordinance. Section 8. PENALTIES. Any violation or failure to comply with any of the provisions of this ordinance shall, in addition to any other penalty or revocation herein provided for, constitute a misdemeanor and conviction thereof shall subject the offender to a fine in any sum not exceeding 000.00 or to imprisonment in the city jail for a period not exceeding 90 days, or to both such fine and imprisonment. Section 9. CONSTITUTIONALITY. If any section, part of a section, clause or sentence of this ordinance shall be held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. Section 10. REPEAL. Ordinance No. B -989 and all amendments thereto and all other ordinances or parts of ordinances in conflict herewith are hereby repealed, and it is specifically provided that the license fees and the license requirements provided for in this ordinance shall supercede the license fees and license require- ments for amusement devices provided for in said Ordinance 13 -989 and amendments thereto. Section 11. This ordinance is one relating to revenue and taxation in the City of Yakima and also affects the general peace, 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 the City Charter. PASSED BY THE CITY COMMISSION, signed and approved this 17th day of January, 1950. ATTEST: PEARL BENJAMIN (SEAL) N. K. BUCK City Clerk Mayor I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1093 entitled, "AN ORDINANCE providing for the classifying and licensing, for purpose of regulation and revenue, the location, operation and control of amusement devices and games for the use of the public; providing penalties for the violation hereof; repealing Ordinance B-989 and all amendments thereto and all other ordinances in conflict herewith, and declaring an emergency," as passed on this 17th day of January, 1950, and that same has been published as required by law. AdgiL