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HomeMy WebLinkAbout0965 Ordinance■/ ORDINANCE NO. 965. AN ORDINANCE PROVIDING FOR THE LICENSING OF ELECTRICAL ..PHONOGRAPHS, PIN. BALL GAMES OR MACHINES, AND GAMES OR MACHINES OF •SKILL OR AMUSEMENT, REPEALING SECTIONS 50 AND 54 OF ORDINANCE NO. 735 AND PASCO CITY CODE 3-2.48 and 3-2.52 AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE CITY. COUNCIL OF .THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. It 'shall be unlawful for any person, firm or corporation to own .r or have in his or its control or possession, or to maintain, operate or permit to be operated, within the limits of the City of Pasco, Washington, any electrical phonograph, pin ball game,, ray gun, shuffle board, or any other game, machine, table, device, game of skill or. amusement device;designed to be operated or used for playing music or any type of game either upon payment.of or insertion of any coin, money or other thing of value or representative thereof, and which is played or operated primarily for amusement and entertainment, expressly excluding however, any machine or device used exclusively for the vending of merchandise, without first securing and paying the .fee for a license therefor as hereinafter provided. Section 2. No machine, table, game, or device of any kind ,shall be permitted or licensed where dice are used in. any connection with its operation; and any machine,, table, game or device in which there exists any gambling element, or in the playing of which is included any form of oi• provision for -pay-off to the player of any cash, merchandise, coupon, token, trade -check or other thing of value,, or representative thereof, either directly or indirectly, is expressly excluded from the provisions of this ordinance, and any such device and its possession or operation is declared illegal and unlawful. Section 3. The license shall be obtained from the City Clerk in accordance with the provisions of Section 2 of Ordinance No. 735 and Pasco City Code 3-1. 08, and as amended hereafter from time to time. No person of questionable moral character shall be entitled to hold such license, not., shall any such license be • �� Ar ORDINANCE NO. 965. AN ORDINANCE PROVIDING FOR THE LICENSING OF ELECTRICAL ..PHONOGRAPHS, PIN. BALL GAMES OR MACHINES, AND GAMES OR MACHINES OF •SKILL OR AMUSEMENT, REPEALING SECTIONS 50 AND 54 OF ORDINANCE NO. 735 AND PASCO CITY CODE 3-2.48 and 3-2.52 AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE CITY. COUNCIL OF .THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. It 'shall be unlawful for any person, firm or corporation to own .r or have in his or its control or possession, or to maintain, operate or permit to be operated, within the limits of the City of Pasco, Washington, any electrical phonograph, pin ball game,, ray gun, shuffle board, or any other game, machine, table, device, game of skill or. amusement device;designed to be operated or used for playing music or any type of game either upon payment.of or insertion of any coin, money or other thing of value or representative thereof, and which is played or operated primarily for amusement and entertainment, expressly excluding however, any machine or device used exclusively for the vending of merchandise, without first securing and paying the .fee for a license therefor as hereinafter provided. Section 2. No machine, table, game, or device of any kind ,shall be permitted or licensed where dice are used in. any connection with its operation; and any machine,, table, game or device in which there exists any gambling element, or in the playing of which is included any form of oi• provision for -pay-off to the player of any cash, merchandise, coupon, token, trade -check or other thing of value,, or representative thereof, either directly or indirectly, is expressly excluded from the provisions of this ordinance, and any such device and its possession or operation is declared illegal and unlawful. Section 3. The license shall be obtained from the City Clerk in accordance with the provisions of Section 2 of Ordinance No. 735 and Pasco City Code 3-1. 08, and as amended hereafter from time to time. No person of questionable moral character shall be entitled to hold such license, not., shall any such license be issued fora machine to be installed in or on any premises which, in the opinion of the City Council, shall be unsuitable for the operation of such machines. The City Council shall, prior, to the issuance of a license for a machine to be installed in any premises, consider„ the number of machines, if any, already located in said premises, and if it shall appear to said council that the increase of the number of such machines in said premises -*is inadvisable, no such license shall be granted. If at any time it shall appear to the City Council that there .are more machines in any location than the Council deems advisable, the license of any machines in such location may be cancelled. Section 4. No license shall be granted unless and until such person, firm, or corporation has been a resident of or transacted his or its business in the City of Pasco for five years and unless the persons, or firm members,are citizens of the United States. Section 5. No license, shall be issued for any device to be used or operated in any building or place within 300 feet of the grounds of any school, except that this section shall not be applicable to electrical phonographs. Section 6. No such machine shall be moved from one location to another, nor shall any such machine be replaced by another except upon the prior written permission of the City Council. Section 7. In the event any machine or machines be removed from any location by the owner or operator of said machines, or by the owner of the premises where located, no machine may be placed in the location so vacated by any other owner or operator of such machines until the circumstances surrounding such change shall be fully investigated by the City Council. Section 8. No person shall own or operate such a machine or machines in the name ;of another nor under the license of another. No advertising of any nature may be displayed upon any such machines. Licenses must at all times be plainly displayed upon all' such machines in such a manner that all of the printing upon said lic.en.ses shall be plainly visible. In the, event of the loss or destruction of a'license, a duplicate thereof may be obtained upon application therefor to the City Clerk and the.payment of a fee in the amount of fifty cents. Section 9. It shall be unlawful for the owner and/or person in charge of any such machine or device to permit' any person under the age of twenty-one years, and also for any person under the age of twenty-one years, to play or operate any such device -or machine; and each such machine shall permanently display a -sign or card forbidding its use by minors, except that this section shall not be applicable to electrical phonographs'. Section 10. The license fees to be charged hereunder for machines, tables, games or devices as specified under Section 1 of this ordinance shall be Five Hundred ($.500, 00) Dollars per year, or any part thereof, for each owner or operator who maintains, conducts or operates one or more such electrical phonographs, machines, tables, games,.'or devices to be. known as an Ownerts License; and in addition each of such Owner Licensees shall obtain and pay for a license fee of $10. 00 per electrical phonograph per year, and $6.0.-00 per machine for each and all such.machines, tables, games, or devices so .maintained, conducted, or operated by him or it per year. The license period shall be for. an annual'' period beginning July 1 of any year and terminating June 30 of the following year. No license shall. be issued for any fractional period whatsoever, and:any annual period shall pay therefor the full yearly license fee as hereinabove provided. Section 11.. It shall be deemed.a violation of this ordinance if such license for any such electrical phonograph, machine,.. game, or device is secured by a licensed operator according to the provisions of this act, when in truth and in fact said electrical phonograph, machine, game, or device is not and/or will. not be maintained, conducted, or operated under said license by said licensed operator, but is, or will be maintained, conducted, or operated by some person other than said licensed operator who thus secures a license to operate such machine, game, or device through such licensed operator in order to avoid payment to the City of Pasco of. the $500. 00 minimum yearly license fee provided for in this Ordinance. i Section 12. Licenses shall not be transferable from one person to another and shall not be transferable from one electrical phonograph, machine, or device to another. Section 13. The probation and penalties for maintaining, operating or permitting to operate unlicensed electrical phonographs and other machines or devices shall include the person, firm or corporation operating or maintaining the place of business wherein the said unlicensed electrical phonograph, machine,. or other device is located. Section 14. Any person who shall violate or fail to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not to exceed $300. 00 or imprisonment in the City Jail for a term not to exceed ninety days, or by both such fine and imprisonment. Upon any person being convicted for failure to comply with any of the provisions of this ordinance, the license of such person to maintain, conduct, or operate such electrical phonographs, machines or other devices may be revoked. Section 15. Any place of business having an electrical phonograph, machine or other device under the terms of this ordinance shall pay a minimum license fee of $25. 00 per year. Section 16. Sections 50 .and .54 of Ordinance No. 735 and Pasco City Code 3-2. 48 and 3-2. 52 are hereby repealed. Section 17. If any section or any part of any section of this ordinance is declared or held invalid, the remainder of this ordinance shall remain in full force and effect. Section 18. This ordinance shall become effective after its passage and publication as required by law. PASSED by the City Council and APPROVED by the Mayor this 19th day MAYOR of May, 1959. PUBLISHED.?