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HomeMy WebLinkAbout0222NORDINANCE NO. 222' - ( New Series) AN ORDINANCE DEFINING AND REGULATING THE USE OF MECHANICAL ANIUS +NIENT DEVICES IN THE CITY OF SAN LUIS OBISPO; PROVIDING FOR THE ISSUANCE OF LICEN- SES TO THE OPERATORS AND OWNERS OF, AND LICENSES FOR THE USE, OPERATION AND MAINTENANCE OF, MECHAN- ICAL A10SM ENT DEVICES; PROVIDING FOR THE IMPOUND- ING AND CONFISCATION OF SUCH DEVICES WHEN INSTAL- LED, OPERATED OR MAINTAINED TO BE OPERATED IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAV- ING CLAUSE; AND PROVIDING PENALTIES FOR THE VIOLA- TION OF THIS ORDINANCE. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. As,,.Used in this ordinance the following words` shall have the following';'re.spective meanings: "Mechanical Amusement Device" shall mean any table, board, machine, device or apparatus fitted for.use by the public, the opera- tion of which is permitted., controlled, allowed or made possible by the deposit or insertion of any coin, plate, disc, slug or key into any slot, crevice or opening, or by the payment of any fee or fees, and which operates, or w1 ch may be operated for use as a game, con- test or amusement or which may be used for any such game, contest-or amusement, but which table, board, machine, device or apparatus does not contain a pay -off device and which does not return or vend any article of merchandise or any money, coin, check or token. 1 "Person" shall mean any individual , corporation, associa- tion or partnership. "Operator" shall mean any person engaged in the business of renting out or placing mechanical amusement devices in various loca -, tions within the City of San Luis Obispo; and every person who owns, uses and operates more than two mechanical amusement devices. "Location Owner" shall mean every person not engaged in the business of renting out or placing mechanical amusement devices, but who owns, uses and operates not more than two such mechanical amuse- went devices. SECTION 2. Every operator of not more than ten (10) mechani- cal amusement devices shall pay an occupational license fee to the City of San Luis Obispo in the sum of $10.00 per quarter; every operator of more than ten (10) mechanical amusement devices shall pay an occupational license fee to the City of San Luis Obispo in the sum of $20.00 per quarter. SECTION 3. In addition to the occupational license fee re- quired by Section 2 of this ordinance, every operator shall pay a loca- tion license fee in the sum of $3.00 per quarter for each mechanical amusement device rented out or placed by such operator in the City of San Luis Obispo. SECTION 4. A location owner shall be exempt from the payment of the occupational license fee required of an operator. Each location �s owner shall pay a license fee for each mechanical amusement device owned., used and operated by him in -the sure of $3.00 per quarter. -- SECTION 5. An application for any license required by this ordinance shall be made to the City Council, shall be in writing and upon such forms as may prescribed by the City Council. Such applica- tion shall state the name of the applicant, the place or places where said mechanical amusement devices are to be placed�e=ma7i nta.ined or operated, a complete description of the mechanical amusement device, and the total number of mechanical amusement devices to be placed, maintained or operated in the City of San Luis Obispo. No license re- quired by this ordinance shall be issued except upon order of the City Council. SECTION 6. Upon the granting by the City Council of any license provided by this ordinance, the City Clerk shall prepare and issue the proper licenses, which shall include the license to be issued to any operator or location owner and the individual license for each mechanical amusement device. The City Clerk shall sign and deliver such licenses to the City Collector for collection. The provisions of - 2 - Ordinance No. 76 (New Series ) of the City of San Luis Obispo defining the respective duties of the City Clerk and the City Collector in the issuance, collection and accounting for all licenses are hereby made a part of this ordinance. SECTION 7. No license issued under the terms of this ordi- nance for any mechanical amusement device shall be valid, except at the premises or location for which the license was originally issued. Nothing herein contained shall permit the removal or transfer of such license from one location to another. SECTION 8. The license issued for each mechanical amusement device shall be conspicuously posted at the location of the device in the premises wherein such device is operated or maintained to be operated. SECTION 9. License fees paid or to be paid under the pro- visions of this ordinance shall not be pro -rated or refunded. Where a mechanical amusement device is placed at a location during any quarter year, the full quarterly location license fee shall be paid. SECTION 10. All licenses issued under the terms of this ordinance shall be issued for quarter years beginning with the first days of each January, April, July and October and shall expire with the last day of each such quarter year. Applications for the renewal of any license required by-this ordinance shall be made in the same manner as for an original license. SECTION 11. Any mechanical amusement device operated or maintained to be operated in violation of any law of the State of California, or in violation of any of the provisions of this ordinance shall be deemed to be a public nuisance, and any such mechanical amuse- ment device so operated or maintained to be operated shall be impounded by the Police Department or any member thereof. If any such mechanical amusement device so impounded is one which may be legally operated under the provisions of this ordinance - 3 - 0 and is seized for the failure of the owner or operator to secure the proper license, such mechanical amusement device shall not be released until a license for such mechanical amusement device has been obtained and the fee therefor paid, together with a penalty•of $5.00. If any court of competent jurisdiction shall determine that any mechanical amusement device or the use or operation thereof vio- lates, or has violated any law of the State of California, or•any ordinance of the City of San Luis Obispo, such mechanical amusement l device shall be confiscated by the Chief of Police and shall be dealt with as provided by the judgment or order of said court. SECTION 12. Any and all mechanical amusement devices licensed under this ordinance shall be subject to the following provisions: (a) It shall be unlawful to install any such mechanical amuse- ment device or to cause, permit or allow the same to be installed or operated within three hundred (300) feet of the nearest property line of any public playground or public or private school of elementary or high school grades, and in use as such playground or school. (b) It shall be unlawful to use or operate or to permit the use or operation of any mechanical amusement device for any purpose whatever, except for the purpose of amusement. (c) It shall be unlawful to use any such mechanical amuse- went device for the purpose of gambling. (d) It shall be unlawful for the person in direct charge or supervision of any such mechanical amusement device, or in charge of the premises where the same is installed and being operated, to pay -off in money, merchandise, tokens or other thing or things of value, any winning that may be determined by the operation of any mechanical amuse- ment device. (e) It shall be unlawful for any person in direct charge of supervision of any such mechanical amusement device, or in charge of the premises where the same is installed and being operated, to permit any person under the age of eighteen (18) years to 'engage in the play- ing of any mechanical amusement device. - 4 - SECTION 13. It shall be unlawful for any person to use or permit the use of any mechanical amusement device which has built into it, or attached to.it, any device or mechanism known as an Automatic Pay -off, and which device or mechanism operates in such manner as to automatically return, vend or pay out money, coins, checks or tokens when a winning score or combination has been obtained by the action of such mechanical amusement device. SECTION 14. It shall be unlawful for any person to engage in business in the City of San Luis Obispo as an operator or as a location owner, or to rent out or place any mechanical amusement device or maintain to be operated any mechanical amusement device, whether such person be a resident of said city or not, without first having secured the licenses required by this ordinance. SECTION 15. This ordinance shall not be construed.to permit the licensing of any slot machine or gambling device declared illegal by the Penal Code of the State of California; nor shall any license. issued under the terms hereof permit the operation, possession or use of any slot machine or gambling device declared illegal by the Penal Code of the State of California. SECTION 16. Any person, firm''or corporation violating, or contributing in any way to the violation of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon.conviction thereof shall be punished by a fine not exceeding $300.00 or by imprisonment in the county jail of the County of San Luis Obispo for a period not exceeding three months, or by both such fine and imprison- ment. SECTION 17. If any section, sub - section, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions, of the ordinance. The City Council hereby declares that it would have passed this ordinance, and every section, sub - section, sentence, clause or phrase thereof irrespective of the fact that any - 5 - U one or more sections, sub - sections, sentences, clauses or phrases be declared unconstitutional. SECTION 18. This ordinance, together with the ayes and noes, shall be published for two days before its final passage in the Telegram- Tribune, a daily newspaper printed, published and circulated in said city, and shall take effect and be in force thirty days after its final passage. INTRODUCED AND PASSED TO PRINT this 20th day of January, 1941, by the following vote: AYES: W.H•Brazil,R.F.Howell,Ralph C.Kennedy, F.C.Kimball, Joseph Leary NOES: None ABSENT:- None ay ATTEST: City Clerk Finally passed this 27th day of 'January 1941 by the following vote :: Ayes W.H Brazil, R.P. Howell, Ralph C. Kennedy,F. C. Kimball Noes : Nnnn Absent : Joseph Leary Attest IvTayor City Cle - 6 -