HomeMy WebLinkAbout0319ORDINANCE NO. 319 (1965 Series)
AN ORDINANCE AMENDING POIR.TIONS OF THE MUNICIPAL
CODE PERTAINING TO BUSINESS LICENSES ON VENDING
AND MUSIC MACHINES
BE IT ORDAINED by the Council of the Cityof San Luis Obispo as follows:
SECTION 1. That the following sections of the San Luis Obispo Municipal Code shall
be and are hereby amended to read as follows:
SECTION 6100.34• LICENSE TAX. MENDING MACHINES.
Every person engaged in the business of renting out or placing in
various locations within the City automatic vending machines, shall pay
an annual license tax as provided in Section 6100.21.
An application for such license shall be filed each year and such
application shall state the number and locations of machines rented out
or placed, and each such machine located in the City shall have securely
affixed, in a conspicuous place on the machine, the name, address and
telephone number of the licensee.
SECTION 6100.34.1 LICENSE TAY. MUSIC MACHINES.
Every person engaged in the business of renting out or placing any
coin operated phonographs or other musical devices delivering music,
shall pay an annual license tax of Twenty Five Dollars ($25.00), plus
Four Dollars ($4.00) per year for each such machine or device rented
out or placed within the City.
Any person owning such machines or devices, who operates the
same on premises already licensed by the owner, shall pay the sum
of Four Dollars ($4.00) for each such machine or device.
An application for such license shall be filed each year and such
application shall state the number and locations of machines or devices
rented out, placed, or owned, and each such machine located in the City
shall have securely affixed, in a conspicuous place on the machine, the
name, address and telephone number of the licensee.
SECTION 2. This ordinance, together with the ayes and noes, shall be published
once in full, at least three days before its final passage, in the Telegram- Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the
expiration of thirty days after its final passage.
I
A
INTRODUCED AND PASSED TO PRINT this 2nd day of August, 1965 by
the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Donald . WAller, Arthur F. Spring,
Clell W. 17Thelchel
NOES: None
ABSENT: None
HOW
ATTEST:
FINALLY PASSED this 16th day of August , 1965 by the following
roll call vote:
AYES: Emmons Blake, Frank Gallagher, Donald Q. Miller,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
ATTEST:
CITY CLERK
-2-
July 19, 1965
Honorable Mayor & City Council
City of San Luis Obispo
Gentlemen:
Your Council Committee studying the provisions of the Business
License Ordinance dealing with vending machines, music machines and amuse-
ment machines, has met and discussed this matter in detail taking into
consideration the suggestions and recommendations of the people in this
business.
Therefore, the Committee recommends to the City Council that the
following changes be made in the Business License Ordinance section dealing
with vending machines and music machines.
1. That the license fee for vending machines selling merchandise
(cigarettes, candy, etc.) be based on gross receipts as is done in
comparable businesses.
2. Music machines and phonographs will continue to pay $4.00
per machine per year.
3. Each machine, music or vending, shall have attached thereto
a card giving the owner's name and address.
The Council Committee recommends that the Business License section
dealing with mechanical amusement devises be amended as follows:
1. That the operator's license fee for amusement devices be
reduced to $50.00 per year and the location license fee be reduced
to $10.00 per location per year.
The high fees for amusement devices was enacted by the City at a time
when slot machines and pin ball games were allowed in the City and each machine
brought in high returns, but with the outlawing of the gambling devices, the
machines are used for amusement and the Committee felt that the recommended fees
will be more in line with the returns.
Respectfully,
Councilman Donald Q. Miller
Councilman Arthur F. Spring, Sr.
Pete's Vending Service
1512 Archer Street
San Luis Obispo, California 93401.
Mr. John Fitzpatrick-
City Clerk
City Hall
San Luis Obispo, California 93401
Dear Mr. Fitzpatrick:
After looking over.my business herein San Luis Obispo, and com-
paring it to business license fees required by the city, I feel that
the license fees have been a burden to my operations. Last year
in San Luis Obispo I operated a total of :35 'vendin u is and -eight
game machines; our license fees came to a total of 715 a fee many
times higher than that of other businesses of equiva ent size.
I feel that this is
difficult for me to
I did approximately
would show.a gross
operating expenses,
license fees.
very unjust and
do business here
$40,000 in total
income of $9,000.
including labor,
that it is making it extremely
in San Luis Obispo, Overall,
sales in San Luis Obispo,.which
From this I must meet all
depreciation, taxes, and business
Part of the licensing rates enforced today were written v hen gambling
devices were tolerated in the city. As it stands now, these same
rates apply to our present equipment, such as coin - operated bowlers
and shuffleboards.
Below I have.listed a rate schedule I feel would be fair to all
concerned:
BASIC LICENSE:
Vending only --------------- $20.00
Vending, Music, and Games -- $50.00
VARIABLE FEES:
Vending:
Fee should be based on Gross Sales 'and computed
at the same rate of other businesses selling,..the.
same products at retail.
Music:
Fee should be the same as it is now:,00/machine.
Games:
Fee should be $10.00 for each unit operated.
ADDITIONAL CHANGES:
1. Eliminate numbered stickers from machines.
2, Require that all machines display the name 'and ,
phone number of the operating company.
I would appreciate it if you would bring the above matter to the'
attention of the council at their next meeting.
Very tr ly, ours,
SAN LUIS OBISPO MUNICIPAL CODE Page 73
SECTION 6100.33. License Tax. Bowling Alleys and Pool Rooms.
Every person carrying on the business of a public bowling alley,
pool or billiard room, shall pay an annual license tax per table or
alley of Ten Dollars ($10.00).
SECTION 6100.34. License Tax. Vending or Music Machines.
Every person engaged in the business of renting out or placing
in various locations within the City automatic vending machines,
or coin operated phonographs or other musical devices, delivering
music, shall pay a license tax of $20.00 per year, and in addition
thereto, such person shall pay a license tax for each machine, phon-
ograph or musical device delivering music, rented out or placed in
said City, as follows:
(a) On automatic vending machines where the price per unit is
five cents ($.05) or more, the sum of $4.00 per year for each machine
rented out or placed within the City.
(b) On coin operated phonograph or other musical device deliv-
ering music, the sum of $4.00 per year for each phonograph or other
device delivering music, rented out or placed within the City.
An application for such license shall be filed each year, and such
application shall state the number of machines rented out or placed
and the particular locations where such machines are rented out
or placed.
SECTION 6100.35. License Tax. Circuses and Carnivals.
(a) Every person carrying on the business of conducting a men-
agerie, or dog or pony show, shall pay a license tax of Fifty Dollars
$50.00) per day; a circus shall pay a license fee of One Hundred
Dollars ($100.00) per day for one ring, One Hundred Twenty -five
Dollars ($125.00) per day for two rings, and One Hundred Fifty Dol-
lars ($150.00) per day for three rings or more, and for each and
every side show or after -show in connection therewith the license
fee shall be Twenty -five Dollars ($25.00) per day, and for each con-
cession in connection therewith the license fee shall be Ten Dollars
($10.00) per day.
(b) Every person carrying on the business of conducting acrobatic
or theatrical exhibitions under canvas, shall pay a license fee of
Fifty Dollars ($50.00) per day.
(c) Every person, conducting or managing a circus procession or
parade, and not having a license for conducting, managing or carry-
ing on a circus within the City Limits, shall pay a license fee of
Twenty -five Dollars ($25.00) for each such procession or parade.
(d) Every person, engaged in the business of conducting a fair,
street carnival or exhibition in the City shall pay a license fee of
Two Hundred Fifty Dollars ($250.00) for each and every day or por-
tion thereof during which such fair, street carnival or exhibition is
conducted. Section 6100.46 pertaining to exemptions for charitable
organizations shall not apply to this section except where all profits
inure to the benefit of such charitable organization.
(e) Every person, carrying on a ferris wheel, scenic railway, mer-
ry-go- round, swing, kiddy car, airplane or similar amusement device,
shall pay a license fee for each such device as follows:
(1) If located in any public park or grounds in the City, $15.00
per year;
(2) If not located in any public park or grounds in the City, $5.00
per day or $15.00 per year.
SECTION 6100.36. License Tax. junk Collector.
Every person, carrying on the business of a junk collector without
a fixed place of business, shall pay a license tax of $5.00 per day
or $50.00 per year.
SAN LUIS OBISPO MUNICIPAL CODE Page 77
Part 1— MECHANICAL AMUSEMENT DEVICE LICENSES
SECTION 6110. Mechanical Amusement Device. Definitions.
As used in this ordinance the following words shall have the fol-
lowing respective 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 which may be operated for use as a game, con-
test or amusement or which may be used for any such game, con-
test or amusement, but which table, board, machine, device or ap-
paratus 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.
"Operator" shall mean any person engaged in the business of rent-
ing out or placing mechanical amusement devices in various loca-
tions within -the City; and every person who owns, uses and operates
more than two mechanical amusement devices.
"Location Owner" means 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-
ment devices.
SECTION 6110.1. License Fee.
Every operator of not more than ten mechanical amusement de-
vices shall pay an occupational license fee to the City in the sum of
j�
enti
per year; opemtor*af re -th r ten =meehaarieal rrrase-
-�
SECTION 6110.2. Same. Renting Device.
In addition to the occupational license fee required by Section
6110.1 every operator shall pay a location license fee in the sum of
0/D-00$4@ -.@@ per year for each mechanical amusement device rented out
or placed by such operator in the City.
SECTION 6110.3. Same. Location Owner.
A location owner shall be exempt from the payment of the occu-
pational license fee required of an operator. Each location owner
shall pay a license fee for each mechanical amusement device owned,
used and operated by him in the sum of $40.66 per year.
', -"O,O0
SECTION 6110.4. Same. Application for License.
An application for any license required by this Part shall be made
to the Council, shall be in writing and upon such forms as may be
prescribed by the Council. Such application shall state the name of
the applicant, the place or places where the mechanical amusement
devices are to be placed, maintained or operated, a complete descrip-
tion of the mechanical amusement device, and the total number of
mechanical amusement devices to be placed, maintained or operated
in the City. No license required by this Part shall be issued except
upon order of the Council.
SECTION 6110.5. Same. Issuance of License.
Upon the granting by the Council of any license provided by this
Part, the City Clerk shall prepare and issue the proper licenses, which
shall include the license to be issued to any operator or location own-
er and the individual license for each mechanical amusement de-
vice. The City Clerk shall sign and deliver such licenses to the City
Collector for collection. The provisions of this Code with reference to
SAN LUIS OBISPO MUNICIPAL CODE Page 78
licenses, defining the duties of the City Clerk and. the City Collector
in the issuance, collection and accounting for all licenses are referred
to and made applicable to amusement device licenses.
SECTION 6110.6. Same. Location.
No license issued under the terms of this Part for any mechanical
amusement device shall be valid, except at the premises or location
for which the license was originally issued. Nothing herein con-
tained shall permit the removal or transfer of such license from one
location to another. .
SECTION 6110.7. Posting License.
The license issued for each mechanical amusement device shall
be conspicuously posted at the location of the device in the prem-
ises wherein such device is operated or maintained to be operated.
SECTION 6110.8. License On Annual Basis.
All licenses issued under the terms of this Part shall be on an
annual basis and shall expire on the last day of each year. Persons,
operators and location owners commencing business between Febru-
ary 1 and December 31 (both dates inclusive), must pay a propor-
tionate part of the annual license 'fee; provided; however, that any
person, operator or location owner commencing business after the
first day. of the month, is liable for,the license fee for the full month.
"Commencing business" in the case of a mechanical amusement
device means the initial maintenance for use of such device.
SECTION 6110.9. Renewal of License., Application.
Application .for the renewal of any license required by this Part
shall be made in the same manner as for an original license.
SECTION 6110.10. . Unlawful Operator.
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 Part, shall be deemed to
be a public nuisance, and any such mechanical amusement 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 Part 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 ob-
tained 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. or -,
dinance of the City, such mechanical amusement device shall be con -
Mcated by the Chief of Police and shall be dealt with as provided
by the judgment or order of the court.
SECTION 6110.11. General Regulations.
-Any and all mechanical amusement devices licensed under this -
Part shall be subject to the. following 'provisions:
No person shall install or operate any such mechanical - amuse.
ment device within three hundred 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.
No person shall use or operate any mechanical amusement de-
vice for any purpose whatever, except for the purpose of amuse-
ment.
No person shall use any such mechanical amusement device for
the purpose of gambling. .
SAN LUIS OBISPO MUNICIPAL CODE Page 79
No persan,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, shall 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 amusement device.
No 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, shall permit any person under the age
of eighteen years to: engage in the playing of any mechanical amuse-
ment device.
SECTION 6110.12. Automatic Pay -off Device.
No person shall use any mechanical amusement device which
has built into it, or attached to it, any device or mechanism known
as an Automatic .Payoff, 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 i�ombination has
been-obtained by the action of such mechanical amusement device.
SECTION 6110.13. License Required.
It shall be unlawful for any person to engage in business in the
City 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 the City or not, without first having secured the licenses required
by this Part.
SECTION 6110.14. Slot Machines or Gambling Devices Prohibited.
This Part 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 ma-
chine or gambling device declared illegal by the Penal Code of the
State of California.
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