Loading...
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. . _ . ............... 400, 0010' b _ }1 ca CD CD 0 c+ N a O'Q Lmm -S IN W • O O W v1 N • S I ) �i I W � N IO 1 I I V4 N • O O c+ W � O I f i� t� �s ro w Fi N . O • O • ' O O ro b Ea 0 w O O O O ' S � ro CD 0 Li 0 O n a� C C- 0 1 44 N N 0 O o • S ca 0 �9 O W S 0 S N N CA I w• O � 0 • O O W v1 N • S I ) �i I W � N IO 1 I I V4 N • O O c+ W � O I f i� t� �s ro w Fi N . O • O • ' O O ro b Ea 0 w O O O O ' S � ro CD 0 Li 0 O n a� C C- 0 1 44 N O 0 O o ca 0 O O S 0 S o CA I w• � " � ca n 0 CD co OG m F, w O 0 0 O O O O O O O O O • O O W v1 N • S I ) �i I W � N IO 1 I I V4 N • O O c+ W � O I f i� t� �s ro w Fi N . O • O • ' O O ro b Ea 0 w O O O O ' S � ro CD 0 Li 0 O n a� C C- 0 1 44 N O 0 O O 0 O O S 0 S o 0 O 0 00 O O O o� 00 O O N O� O O N O • �i 8 O 0 N co • O O 0 0 0 Art N W O O� O 'O O O Vl NO io O NN O O O 4-11 0 0 w C+ R co CD O� O • O O N O O I O F✓ • n � b a o CD w b O Vt N O, O O O K w 0 H H 0 cOwwr 03 4 :3 CD P. ¢n P. C+ oe aq 00 CD mC CD 0 CD CD t4 O W Oq N h O) c+ 0 O • W x 40 0 0 O Z4 . . 0 m O CA n