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HomeMy WebLinkAboutORDINANCE NO. 360 COIN OPERATED AMUSEMENT DEVICES - SIGNED - - ---------- _~~A.' _.a_J '-/. .. '-..t.:O""-'-..b' .. ''"''L~V~lb' J~UllV QEO.D.I"ItNAItD STA.CO.~ ST.LOUl. r II ORDINANCE # 359 AN ORDINANCE REPEALING SECTION 8 OF ORDINANCE NO. 334 OF THE CITY OF REXBURG, IDAHO, BEING " AN ORDINANCE PROVIDING FOR THE LICENSING OF RETAILERS OF BEER IN THE CITY OF REXBURG, IDAHO: FIXING THE AMOUNT OF TAX FOR SUCH LICENSES: REQUIRING THE FILING OF WRITTEN APPLICAT~~ IJNS FOR LICENSES: PRESCRIBING CERTAIN LIMITATIONS AS TO PLACES WHERE, AND DISTRICTS "HTHIN l'tHICH, BEER rtAY BE SOLD: AND REGULATIONS AS TO THE KEEPING OF SUCH PLACES: PROVIDING A PENALTY FOR THE VIOL- AfION OF THE PROVISIONS OF THIS ORDINANCE AND FOR THE REVOCATION OF LICENSES: AND REPEALING ORDINANCE NUMBER 323 OF THE CITY OF REXBURG. " / BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Section 1. That Section 8 of the Ordinance No.334 of the City of Rexburg, Idaho, be andthe same is hereby repealed. Passed by the City Council this 21st. day of 1my, 1947. Approved by the Mayor this 21st. day of May, 1947. ,~jr-..::c- ~ ~.' .'..... /..' A- s:- Ma~-?' ~-- .'.- Attest: ~J /l7{(C~' J . City Clerk7 -'\ t ORDINANCE NO. 360 AN O}WINANCE PROVIDING FOR THE LICENSING BY THE CITY OF REXBURG, MADISON COUNTY, IDAHO, OF COIN OPERATED AMUSBIDlliT DEVICES AS DEFINED BY CHAPTER L51 OF THE 1947 SESSION LAWS OF THE STATE OF IDAHO; DEFINING COIN OPERATED AMUSEMENT DEVICES, PROVIDING LIMITATIONS ON LICENSEES; PROVID~NG ~HE LICENSE FEE TO BE PAID EACH SUCH MACHINE OR DEVICE, AND THE APPORTIONMENT 11m PAmENT OF THE PORTION THERlOOF TO THE STATE OF IDAHO AND MADISON COUNTY;<tPftOVIDING REGULATIONS AND CONTROLS F10R THE OPERATION OF SAID DEVICES AND LICENSING THE SAllE; " PROVIDING THE FOml OF LICENSE OR STAMP TO BE OBTAINED AND DISPLAYED THEREON AND FOR CAN* CELLATION !THEREON AND FOR CAN;~ELLATION THEREOF; PROVIDING FOR THE PRO RATING OF THE LICENSE FEES FOR 'nIE CALENDER YEAR; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REVOCATION OF LICENSES AND FOR NOTICE OF HEARING HEARING PRECEDING SUCH REVOCATlONS; PROVIDING A SAVING CLAUSE, AND HE- PEAUNG ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT INACTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURF, IDAHO j , \ji. ;.,.. Section 1. Fob the purpose of this ordinance, the following definitions shall apply in the interpretation of the provisions ot this ordinance; ~ a) A "Coin operated machine or amusement Devicell is a "machine or meChanical device into which may be incerted any piece of money, or other object and from which as ~ result of such insertion and the application on physical or mechanical toree, ma~ issue wholly upon any chance or uncertain or contingent event, any piece or' pieces lor money, or any check, memorand~, or any other tangible evidence calling tqr money or property, or with check, memorandum, or other tangi~le evidence is, afterisBuance, actually redeemed in money or exchanged for money or property by any pelfson whatsoever; which sevice is defined as and hereby declared to be a gaming but not a lottery. (b) For the purpose of this act any machine having multiple slots, or combinations, for coins of like or different denominations, that can be operated by the iA-.rtion , in seperate slots, of like or difterent coin denominations each such slot shall be deemed a seperate machine and device and shall be required to pay the license fee hereinafter prescribed for each device. . r~'f~~ "~ /J (c) The word "Person" includes an individual person, p:JI.tnership, corp- oration, or association. Section 2. It shall be unlawful for any person, firn or corporation or association to possess, lease, rent, license, or permit the use ot or control place, maintain, or to permit the operation of, upon any premises or at any place " . / .W ----- ---~7 - --...-- ........z:" .................a........., location or building in the City of Rexburg, any coin operated amusement device, unless and until such coin operated amusment device shall be licensed by the City of Rexburg, Idaho, as hereinafter provided; and it shall be unlawful to permit any person under the age of twenty years toplay a coin operated amusement device, or to operate or permit the operation of such device in any public place where persons under twenty years of age would have access thereto. ..~ . Section 3. Before any such coin operated amusement device may be aperated within the City, an applieation for a lib~rlSe for each such device or devices, shall be filed with the Ci~y"OI&rk of the City~r ReKburg, Idaho, on an application form provided b y the city. Said application form'sha.l:!: provide, among other things, the following infor- mation;' ,. The name of the applicant; the name of the place and the location where it is proposed such coin operated device is, :or devices are, to be operated; the number of such devices and the make,'serial number, type, and coin denomination of each machine desired to be operated by the applicant at such location; such application shall be signed and verified by the applicant, or if the application is made by a partnership, then by one of the partners, or if by a corporation or association, then by an officer of the such corporation or association. / \. \. -\ (I " Section 4. The license fee required for obtaining a license stamp for each of said coin operated devices for the calender year shall be as follows: (A) $750.00 per calender year for each machine played or operated with nichols or dime s ; (B) $850.00 per oalander year for each machine played or operated with quarter dollars; (C) $1,000.00 per calender year for each machine played or operated with half dollars or dollarsj ~"' '., ......, ':' ~ In cS.~;';'~~'l~.~ be operated with moneyof more than one denomination, the I~~ns. tt~~i; _. he rbr such device shall be double the amout of the license fee required for a 4e,' e operated with money of only one denomination, computed on the basis of the highest dejomination with which the said device will operate. Said license rees will be prorated as ieginning with the actual month of issue for the remainder of the calander year and in computing the license fee, the month in which the license is issued ahall be included. Of the license fee so collected on each such devices $125.00 thereof for the cal- ender year, or the pro rata share thereof if issued for less than a full calender year shall be collected for Madison County; and $125.00 thereOf, or the pro rata portion thereof, if issued for less than a calender year, shall be collected for the Skate of Idaho; and the balance of said license fee shall be deposited in the General fund of the City. Provided further that the money so collected by the City for the Skate of Idaho and for the County of Madison shall be kept in a special trust fund and remitted to the State of Idaho, and the County of Madison quarter annually on April 1st. July 1st, October 1st, and January 1st of each year. o Section 5. Such application, accompanied by the necessary license fees, shall be filed with the City Clerk, and be presented to the City Council at any regular or Special meeting of the City Council for approval or disdpproval. If the City Council determines that said application fully complies with all the provisions of said chapter 151 of the 1947 Session laws of the State of Idaho and this ordinance, it,shall approve said application and autherize the clerk to issue a license for each such machine so approve... d... ......a. s... heret.. ~rtpr.p.....rovided. ..~... the event such application ve disapproved, the tende::!t~~.l:: t~.::,~::.::ed:::::C:::.be operated on any premises except those owned or leased by the license. No person other than the licensee may have any legal, equitable, or financial fight, title or interest in such device, whether by ownership or, mortgage, conditional sales, contract, or otherwise, nor receive any rental or remuneration therefrom or from the operation thereof. Section 7. The license issued under this ordinance shall be in the form of a lic- ense stamp, and a seperate license must be issued to for each coin operated amusement device. The licensee, immediately upon assurance thereof, shall securely affix the said stamp to the coin operated amusement device in a conspicuous place, and cancel the same by cutting it criss cross with a sharp knife or instrument. Section 8. a. No license stamp shall be used on any device other than the one for which said license stamp is issued; provided however, the City Council may autherize the issuance of a substitute license upon presentation to the ~ity Council of a duly verified application, on a form to be provided by said city, showing such device to have become wholly or in part, worn out, accidentally broken, stolen, or accidentally des- troyed to such an extent thatit is rendered useless, The SUBstitute license shall bear the same license number as the one originally issued and shall be designated a sub- stituee license and the same shall have thereon the name of the owner, location, type and serial number of the device for which the substitute license is issued, Such substitute license shall be affixed to the device for which it is issued, and to be cancelled in all respects as required by law for an original license. The original license shall then be void and shall be destroyed by the licensee, if possible~ -~, . -', \ (b) The City Council may autherize the transfer of a licensed device, with the license stamp attached, from one owner thereof to another person or from one location to another location on application by the licensee, or his transferee, on a form to be probided by the city. Upon approval by the vity Council, a permit for daid transfer shall be issued by the "'ity "'lerk, which permit shall bear the same number as the license stamp issued for said device and the number of the transferee. Said permit shall be affixed to the device transferrea and shall be cancelled in the same manner as the license stamp thereon. The license stamp originally issued shall remain on said device so transferred. (c) A fee of?5.00 shall be collected by the City Clerk for each substitute license or permit, and the same shall be placed in the General fund of said City. - ~ - - . -- - - - - -.....,....., A...., ...................J '-' .. .." - L:It.. '-' - I. b, I., \,..- "',.. l...I U 1 S, I U U 1 I V GEO.I).BARNARD ITA.CO., IT.LOUI. Il- l, Section 9. REVOCATION AND CANCELLATION. If any licensee of a coin operated amus- ment device violates any of the provisions of this ordinance or any of the provisions of said chapter 151 of the 1947 Session Laws of the State of Idaho, the City Council is hereby autherized to and empowered to revoke all licenses to operate such devices issued to said licensee; provided, however, that in the event it is brought to the attention of the ~ity ~ouncil that such violation or violations have taken place then, before fevoking such licenses, the City Council ,shall cause a notice in writing to be served upon such licensee setting forth in gen~tterms the vioJ,.at)..ons claimed to exist or to haveexisted, and such notice shall p~qyiqe a time for hearing thereon v .- ~. . before the City ounclH, which date of hearing shalfirnot be less than ten (lO) days nor more than twenty (20) days from the date of service of said notice, and upon -or following said hearing, the City ~ouncil, upon finding that the provisions of this ordinance or the provisions of the ~tate law, said chapter 151 of tne 1947 Sessions Laws of the State of Idaho, have been violated by such licensee, such li,.cense or licenses shall be revoked, and no refund of any unused portion of the license fee paid shall be made to the licensee. and the granting to him of another license shall be in the descretion of the Council. Section 10. It shall be unlaw full for any person within the dorporate 1hits of the City of Rexburg to operate or play any coin operated amusement device, and for any owner or persons in charge thereof , to permit the operation or playing of any coin operated amusement device between th hours of 1:00 O'clock A.M. Sunday and 7: o'clock A.M. MondJY in any week. And all coin operated amusements devices shall be covered and kept covered during said hours. Section 11. Any violation of the provisions of this ordinance, the penalty for which is not provided for by said chapter 151 of the 1947 Session Law8 of the State of Idaho, shall be unlawful, and any person so violating such provisions shall be guilty of a criminal offense, and upon conviction thereof shall be fined not to exceed$lOO.OO, and upon failure to pay such fine shall be confined in the City Jail at the rate of $1.50 per day until such fine is paid in full, or for confinement in the City jail not more than thirty days, or by both fine and imprisonment, in the discretion of the Court . Section 12. If any section, prov~s~on of clause of this ordinance shall be declared invalid or unconstitutional by:~ court of competent Jurisdiction, it shall not affect the validity of the remainder of this ordinance, but said ordinance shall be canstrued as tho~h such invalid or unconstitutional provision .ere notincorporated therein; and the vity Council hereby declares that it would have passed this ordin- ance, and each section, sub section, sentance, clause and phrase thereof, irrespect-. ive of the fact taat anyone or aore of the section, sub-sections, sentences, clauses or phrases be declared in valid or unconstitutional. ~ Section 13. That all ordinances, or parts of ordinances, insofar as they are in conflict herewith be, and the same are hereby repealed. Section 14. This ordinance shall be in force and effect from and after its passage, approval and publication. Passed by the Council this 4th day of June, 1947. APpro,,"~1. ~e 1Iay{-t~.~t~oj' June, 1947 "l--~~ ~,~V\ _ ,'" A~ .., ~ / ATTEST: ~ 11 / City Clerk i .:A ,;~ t.... . !-.'~.' j:~;M ~'... 4 ~ ~~ ~ \l )