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HomeMy WebLinkAbout2043ORDINANCE NO. Z;20q3 AN ORDINANCE of the City of Kent, Washington, repealing Kent City Ordinances 1440 and 1665; creating a new ordinance for the licensing and regulation of novelty amusement devices; providing for a license fee therefore; providing for revocation of licenses; and providing penalties for vio- lations of the Ordinance. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. NOVELTY AMUSEMENT DEVICES DEFINED. The words "Novelty Devices" shall include any coin operated machine, contrivance, apparatus or appliance, mechanical, electrical or hand propelled, designed to be used in whole or in part as an instrument or instrumentality for engaging in the use and exer- cise of skill by one or more persons in playing a game for the amusement and entertainment of the player or players and which is maintained commercially for such purpose, and payment is made by the insertion of a coin, by the player or players for such use l or play, or which is maintained commercially for such purpose gratuitously as an attraction or stimulant to trade or patronage in such other line of business or endeavor which is maintained at the location of such novelty amusement device, and which is not in anywise used for the purpose of awarding any money or ob- ject of value to the player or players, and which does not con- tain any mechanism which varies the change of winning free games or the number of free games which may be won, depending on the number of coins inserted into the device. The "Novelty Devices" shall also include such games as pool, shuffleboard, etc. where the right to play is determined not by insertion of a coin or coins into the device, but rather by payment of a specified amount of money for the right to play for a specified period of time. Section 2. LICENSE REQUIRED. No novelty amusement device shall be operated or kept for operation in the City of Kent unless a license for the operation thereof shall have been taken out as hereinafter provided. Section 3. LICENSE REQUIRED FOR EACH DEVICE. Every novelty amusement device shall be subject to a license fee of $20.00 per year. This fee shall be payable yearly, beginning on or before August 1st of each year. A stamp tag in a form to be determined by the City of Kent shall be affixed to each novelty amusement device licensed hereunder. In the event a novelty amusement device which has been properly licensed is replaced during the license year by another novelty amusement device, a license transfer fee of $5.00 shall be paid. Application for a license transfer and payment of the transfer fee shall be accomplished in the same manner as for original applications. Section 4. APPLICATION FOR LICENSE FOR NOVELTY DE- VICES. The applications for licenses provided for herein for novelty amusement devices shall be made to the City Treasurer and all license fees paid before such novelty amusement devices are placed for operation. Upon application and payment of such license fee, the City Treasurer shall issue a license and stamp tag for each novelty amusement device. Section 5. REVOCATION OF LICENSES - NOTICE OF REVO- CATION SUSPENSION OF OPERATION REQUIRED - LOCATION OF DEVICES DE- TERMINED BY THE CHIEF OF POLICE - HEARING ON DENIAL BY CITY COUN- CIL. The City Council shall have the right to revoke any and all licenses issued hereunder should said City Council be satis- fied that the licensee or person operating any of the novelty amusement devices is doing so in contravention of the spirit and letter of this chapter; provided, however, that the City Council shall give thirty (30) days written notice to said licensee or person operating said novelty amusement device to appear before said Council or such person as it designates, at a time and place to be designated in the notice given by the Council to show cause, if any there be, why said license or licenses should not be re- voked. Upon receiving such notice, the licensee or person owning the novelty amusement device in controversy shall suspend operation of all novelty amusement devices in his possession or under his control pending the outcome and action of the City Council, pursuant to the hearing provided for. The Chief of Police shall have the right to approve - 2 - the place or places wherein such novelty amusement devices may be operated, and it shall be unlawful to operate any such novelty amusement device anyplace where the said Chief of Police shall refuse the same to be operated; provided, however, should any person feel that the denial of the use of such novelty amusement device in his place be without justification, that he be given a hearing before the City Council, upon application therefor to then present such reasons as he may have that the Chief of Police should reconsider his action. Section 6. UNLICENSED DEVICES - ILLEGAL - SEIZURE PROCEDURE. It shall be unlawful to operate or place for opera- tion within the City of Kent, any novelty or amusement device which has not been licensed as provided herein. Any such unli- censed device shall be submect to confiscation by the Chief of Police and/or his designate, which shall include all members of the Kent Police Department. No novelty device so confiscated shall be returned to the owner or licensee thereof until all applicable license fees have been paid together with any costs incurred by the City as a result of such confiscation. No device which carries a Federal Gambling Stamp shall be licensed or authorized under the provisions of this Ordinance. Section 7. REPEALER. Ordinances 1440 and 1665 of the City of Kent be and the same hereby are repealed in their en- tirety. Section 8. VIOLATION - PENALTY. Any person part- nership, firm, association or corporation violating any of the pro- visions of this Ordinance shall be punishable by a fine of up to Three Hundred Dollars ($300.00) or imprisonment in the City Jail for a period up to ninety (90) days, or by both such fine and imprisonment. Section 9. Should any section, subsection, para- graph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordi- nance. =M I= Section 10. This Ordinance shall have an effective ate of August 1, 1977, following its passage, approval and publi- ation as provided by law. T i ISABEL HOGAN, 14AYOR TTEST: MARIE JEN N, CIT CLERK AP OVED AS TO FORM: ONALD E. MIRK, CITY ATTORNEY PASSED the day of August, 1977. APPROVED the vL- day of August, 1977. PUBLISHED the e_ day of August, 1977. I hereby certify that this is a true copy of Ordi- nance No. a0 Z _, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE DENSE CITY ERK - 4 -