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HomeMy WebLinkAbout1955-B-1677 99 ORDINANCE NO. B -1677 AN ORDINANCE relating to licenses and prescribing the amount of license fees for amuse - ment devices, pin -ball machines, games of skill, or amusement, other gaming devices, and vending machines, defining offenses, prescribing penalties, repealing ordinances No. B -207, B-1093 and B -1637, and declaring an emer- gency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The provisions of this ordinance shall be deemed an exercise of the power of the City of Yakima to license for revenue. Section 2. It shall be unlawful for any person, firm, corporation, or association to own, maintain, or operate in any business establishment or for the:purpos:• of profit any of the following amusement devices and vending machines without first ob- taining from the city clerk a license so to do and without first paying to the city a license fee payable annually (or atthe option of the city, quarterly) in advance on Janu ary 1 of each year, or for any portion of a year, in the following respective amounts: a. Pin -ball machines or games, games of skill or amusement, and similar amusement devices, including any automatic machine or device, except as hereinafter men- tioned and except an automatic music machine, wherein a person deposits a coin, disc or slug and in return therefor receives, the opportunity of playing or operating such machin $100.00 for each such machine or device in any location. - b. Shuffleboards and miniature bowling machines or bowling boards, and similar amusement devices: $25.00 each. 0. Ray guns, -dart throwing devices, and similar small amusement devices: $10.00 each. d. Vending machines or devices from which, upon the deposit of a coin, the 1 person operating the same may receive a fixed or certain .amount of goods, wares, or merchandise, with no possibility of receiving, through luck or skill, extra or additiona reward, such machines being designed primarily and solely for the purpose of vending machines, without any inducement by way of amusement, competitive skill or otherwise, ex cept machines vending sanitary napkins :; one cent denominations: $2.00 per year; all other denominations: $5.00 per year. The full amounts of annual license fees hereinabove stated shall be paid for and during the year 1955 and each year thereafter during which a license is issued hereunder. Section 3. Said license fees shall be payable irrespective of whether such devices shall be legal or illegal; and such illegality, if any, shall not be a bar or defense to the collection of any license fee hereunder. Nothing herein contained nor the issuance of any license hereunder shall be deemed to legalize any gaming device or activity which is unlawful under the laws of the State of Washington. Section 4. The City Clerk shall prescribe the form of all licenses provide' 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 necessary;.to identify 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 notifying the city clerk. Section 5. No surrender, revocation or other cancellation, irrespective of the cause therefor, of any license issued hereunder, shall entitle the holder thereof to any refund of any license fee paid hereunder or any part thereof. Section 6. No person shall obtain a license hereunder or own, maintain or operate any machine or device of the type referred to in paragraph uan of Section 2 here of, with or without a license, who is not a citizen or the United States and who has not resided in Yakima County, Washington for at least one year prior thereto; and no person shall maintain or operate any such machine or device in any service station or within 500 feet of any school, nor in the name of another, mr under the license of another. A license must at all times be plainly displayed upon such machines. Section 7. No license issued hereunder shall be assigned by or transferred from the licensee named therein to any other person, firm or corporation nor to any othe location: . Section 8. 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,un- lawful for any operator or owner of any amusement device or any manager or other person in charge of the premises where any such amusement device is kept, maintained or oper- ated, or permitted to be kept, maintained or operated, to permit or allow any person under the age of 21 years to play or operate any such amusement device; provided, how ever, that this section shall not apply to devices mentioned in subdivisions H e and udn of Section 2 hereof. Section 9. Any person who shall violate any of the provisions of this ordi nance shall be deemed ilty of a misdemeanor and on conviction thereof, shall be fined any sum not to exceed 300.00 or by imprisonment for not exceeding 90 in the city jail, or by both such fine and imprisonment. Section 10. Any machine operated in violation of this ordinance may be con fiscated'by said city and may be padlocked or otherwise rendered unplayable as the City Clerk may see fit, and any °person removing a padlock from such a machine or making such a machine playable without the written permission of the city clerk shall be guilty of a misdemeanor. Section 11. 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 affec the validity of the remaining provisions of this ordinance. rj 00 • 5 . e ORDINANCE NO. B -1677 Section 12. Ordinances No. B-207, B -1093, and B -1637 and any other ordin- ances in conflict herewith are hereby repealed; but such repeal shall not reinstate any former ordinances therein repealed nor relieve any person from payment of any license fees which heretofore became payable. Section 13. This ordinance is one relating to revenue and taxation in the City of Yakima and is one to provide for the immediate preservation of the public peace, property, health and safety, and an emergency is 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 23rd day of March, 1955. ATTEST: PEARL BENJAMIN (S E A L) G. W. .BURNS City Clerk Mayor I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1677 entitled "AN ORDINANCE relating to licenses and prescribing the amount of license fees for amusement devices, pin -ball machines, games of skill, or amusement, other gaming devices, and vending machines, defining offenses, prescribing penalties, • repealing ordinances No. B-207, B -1093 and B -1637, and.declaring an emergency." as passed on the 23rd day of March, 1955 and that has been published by law. / e C I T / C L E R K • • I/ • • • •