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HomeMy WebLinkAbout0989 Ordinancef ORDINANCE NO. 989 AN ORDINANCE RELATING TO TRADE STIMULATORS PROVIDING FOR THE LICENSING THEREOF, DEFINING OFFENSES AND PROVIDING PENALTIES, AND REPEAL- ING SECTION 11 OF ORDINANCE NO. 394 AND PASCO CITY CODE 3-12. 72, AS IT NOW EXISTS, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The object and purpose of this ordinance is to provide revenue for the City of Pasco and for no other purpose. Section 2. TRADE STIMULATOR. The term "trade stimulator' as used herein shall be construed to mean any device commonly known as a punchboard, spindle game, o• any similar device, whether used as a so- called "trade stimulant" or otherwise. Trade stimulator shall not include any device whi=ch awards any cash prize. Section 3. PERSON. The word "person" as used herein shall include individual, firm, partnership, association, corporation or other entity. Section 4. DISTRIBUTOR'S LICENSE. Every person who shall dis- tribute or sell to merchants or others for display to the public any trade stimulator shall obtain a 'Distributor's License. " Section 5. DISTRIBUTOR'S LICENSE --FEE. The Distributor?s License shall be $100. 00 per year. Section 6. DISTRIBUTOR'S LICENSE --APPLICATION. Application for such license shall be made to the City Clerk, and the license may be granted by the City Council after such investigation as it may desire to make. The license fee shall be paid at the time of making the application. Section 7. DISTRIBUTOR'S LICENSE --DURATION. The license year for the distributor's license shall be the calendar year. All license fees shall be payable on an annual basis, and where the license is issued on and subsequent to July 1 in any year, the fee therefor shall be one-half the annual fee. Section 8. DISTRIBUTOR'S LICENSE --DISPLAY. The distributor's license shall at all times be conspicuously posted and maintained at the place of business of the distributor in Pasco; provided, only one such license shall be required for each one engaged in such business without regard to the number of individual salesmen employed and if no place of business is maintained in Pasco, the license or a copy shall be carried by such salesmen and exhibited to any agent of the City Clerk or to any Police Officer upon request. The City Clerk shall prescribe the form of such license. Section 9. TRADE STIMULATOR LICENSE. Before any trade stim- ulator is displayed or exposed to the public or is in any manner used for selling merchandise, the license shall be obtained and a license paid for each such trade stimulator, and to every trade stimulator used, displayed or exposed to the public in the City of Pasco there shall, at all times when such device is used, displayed or exposed be stamped thereon by the City Clerk an ink stamp setting forth the information required by Section 11. Section 10. TPLADE STIMULATOR LICENSE --FEE. The trade stimulator license stamp fee shall be the sum of $2. 00 for each trade stimulator which must be paid in advance of sale or offer for public use of the trade stimulator. Section 11. TRADE STIMULATOR LICENSE --STAMP. The City Clerk shall procure an ink stamp to be placed on each trade stimulator by the City Clerk or deputy upon payment of the required license fee. The stamp shall disclose the amount paid, the number of the stamp, the date affixed, and shall be signed by the City Clerk or deputy. Section 12. TRADE STIMULATOR LICENSE --PAYMENT. Each trade stimulator shall be taken to the City Clerk in the City Hall, Pasco, Wash- ington, where the City Clerk shall place an ink stamp on each trade stimul- ator. Section 13. MINORS. It shall be unlawful for anyone under the age of 21 years to play or operate any trade stimulator and it shall be unlawful for any operator or any owner of any such trade stimulator or for any manager or other person in charge of premises where such trade stimulator is kept, maintained or operated or permitted to be kept, maintained or operated, to permit or allow anyone under the age of 21 years of age to play, operate or use any such trade stimulator. Section 14. TITLE TO MERCHANDISE. No merchandise shall be displayed with a trade stimulator to which the purchaser at retail of the trade stimulator would not gain title. Section 15.. AFFECT OF THIS ORDINANCE. The provisions of this ordinance shall not be construed as an attempt in any manner to legalize any activity now or hereafter declared to be in violation of the laws of this State, but the legality of any such activity shall not be a defense or a bar to the collection of any tax imposed thereon by the terms of this ordinance. Section 16. ENFORCEMENT. The City Clerk and the Chief of Police shall be responsible for and it shall be the duty of the City Clerk and the Chief of Police to enforce the provisions of this ordinance. The City Clerk may deputize assistants or any City official or other person to issue licenses and to do other things required,to be done by the City Clerk under the terms of this ordinance. Section 17. SEIZURE OF UNAUTHORIZED TRADE STIMULATORS. In addition to other penalties provided for herein, any trade stimulator coming within the provisions of this ordinance for which no license has been obtained or which does not have the proper stamp thereon as required by this ordinary or any device which is used or possessed in violation of the provisions of this ordinance, even though licensed, is hereby declared to be a nuisance and may be confiscated by the City Clerk or his authorized agent or deputy and destroyed. The merchandise thereon shall be held subject to redemp- tion by the owners on payment by them of all delinquent license fees and fines, and in case such articles are not redeemed. within 15 days of date of seizure, said articles may be sold at a public sale by the City after 10 days notice in front of the City Hall and all monies received from the sale shall be paid into the General Fund of the City. Section 18. PENALTIES. Any person convicted of the violation of any of the provisions of this ordinance shall be punished by a fine of not more than $300. 00, or by imprisonment in the City jail for not more than 90 days, or by both such fine and imprisonment. Section 19. SEVERABILITY. If any section, sub -section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall hot affect the validity of the remaining portions hereof. Section 20. REPEAL. Section 11 of Ordinance No. 394 and Pasco City Code 3-12. 72, as it now exists, and all other ordinance.sor parts of ordinances in conflict herewith are hereby repealed. Section 21. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication as required by law. l PASSED b the City Council and APPROVED by the Mayor this_ day of December, 1959. MAYOR ATTEST: City Clerk I PUBLISHED: n n