HomeMy WebLinkAboutOrdinance 1464 (Coin Operated Amusement Devices)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1464 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
TITLE 10 (BUSINESSES CODE) BY ADDING SECTION .10.40.080 OUTSIDE USE
PROHIBITED, TO CHAPTER 10.40 COIN-OPERATED AMUSEMENT DEVICES
is a true and correct copy of an ordinance of said City and was
introduced at a regular meeting of the City Council
of the City of San Rafael, held on the fifth day of
Julv 1983, published as required by City Charter in the
Independent -Journal a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a regular meeting of the City Council of said City
held on the eighteenth day of July 1983, by -the following
vote, to wit:
AYES: COUNCILNIEb1BERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEIiBERS: None
ABSENT: COUNCILMEMBERS: None
0
0
WITNESS my hand and the official seal
of the City of San Rafael this
t.wentv-sixth day of • July ,
19aa.
JEAT N , �1,17,01�
NCINI , `City Clerk
ORDINANCE NO. 1464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING TITLE 10 (BUSINESSES CODE)
BY ADDING SECTION 10.40.080 OUTSIDE USE PRO-
HIBITED, TO CHAPTER 10.40 COIN-OPERATED AMUSE-
MENT DEVICES
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Title 10 of the San Rafael Municipal Code
is hereby amended by adding a new section (10.40.080) to Chapter
10.40 to read as follows:
Sections:
Chapter 10.40
COIN-OPERATED AMUSEMENT DEVICES
10.40.010 Definition.
10.40.020 Applicability of chapter.
10.40.030 License required.
10.40.040 Application for license.
10.40.050 Issuance and display of license.
10.40.060 License not transferrable.
10.40.070 Investigation by chief of police; coin operated
amusement centers.
10.40.080 Outside Use Prohibited.
10.40.010 Definition. A coin operated amusement device is
hereby defined as a machine, which upon the insertion of a coin or
slug operates or may be operated for use as a game, contest or
amusement of any description, or which may be used for any such game,
contest or amusement, and which contains no automatic payoff device
for the return of slugs, money, coins, tokens or merchandise. (Ord.
287.)
10.40.020 Applicability of chapter. The provisions of this
chapter shall not apply to any machine or mechanical device sometimes
called an automatic vending machine which in return for the coin
deposited therein will deliver the equivalent value of said coin or
coins in merchandise or music without the operation or playing of any
game or contest; nor shall it apply to any mechanical amusement
device as hereinabove defined if and when operated in conjunction
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ORDINANCE NO. 1464
with any other device or supervision so as by any means to provide a
reward in money or merchandise, for the skillful operation of such
machine; nor if and when operated in conjunction with any other
device or supervision so as to provide any reward in money or mer-
chandise for a score or result dependent upon chance or accident.
(Ord. 287.)
10.40.030 License required. No person shall operate a
coin operated amusement device as herein defined, nor permit that
same to be operated in any restaurant, store, cocktail lounge, resort
hall, or other public place, under the control of such person,
without a license first being obtained hereunder for such amusement
device.
Additionally, no owner, applicant, principal manager or
supervisor of the business or an employee of the owner or applicant
shall operate a Coin Operated Amusement Device Center without first
being individually licensed by the Chief of Police as indicated
hereunder. (Ord. 287.)
10.40.040 Application for license. Any person desiring a
license under this chapter shall make application therefor to the Tax
Collector of the City of San Rafael upon a form to be furnished by
said City and no license or permit shall be granted unless upon said
form or otherwise the applicant shall furnish the following informa-
tion under oath:
(1) The name of the applicant;
(2) The residence of the applicant;
(3) The name of the country of which the applicant is a
citizen;
(4) The ownership or intended ownership of the device or
devices involved;
(5) The place where the device or devices are to be located;
(6) A description of the device or devices reasonably
sufficient to identify it or them;
(7) The number of devices to be operated at each location
where such device or devices are to be operated.
(Ord. 287.)
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ORDINANCE NO. 1464
(8) In the instance of Coin Operated Amusement Device
Centers, additional information as requested by, and
on a form provided by, the Chief of Police will be
required.
10.40.050 Issuance and display of license. Upon receiving
such application, properly attested and sworn to by the applicant,
the Tax Collector shall issue to the applicant a separate license for
each restaurant or other place of business in which the devices are
to be operated and for which such application is made, upon the
payment of the license tax provided by Resolution 5503. Such permit
or license in each case shall show the number and type of devices
licensed, the place where they are to be operated and shall be
permanently affixed to the wall or other portion of the building
where they are to be operated, in a prominent place. Any device
possessed or operated in the City of San Rafael without such license
so displayed, at any time, shall be deemed to be unlicensed and no
license or permit shall be effective, valid or in force except while
so displayed. (Ord. 287.)
10.40.060 License not transferrable. No transfer of
ownership or possession of any such device shall carry with it a
transfer of such permit or license which shall at all times be
non-transferrable and personal exclusively to the applicant. No such
license or permit shall be valid at any location except that for
which it is originally issued and upon any change of location a new
permit or license must be obtained.
Additionally, no individual license issued by the Chief of
Police to the owner, applicant, principal manager or supervisor of
the business, or an employee of the owner or applicant of a Coin
Operated Amusement Device Center is transferable. (Ord. 287.)
10.40.070 Investigation by chief of police. Upon receipt
of applications for coin operated amusement device centers, (14.64)
the Tax Collector shall forthwith forward each application to the
chief of police who shall investigate the application, and who is
hereby authorized to have access to and to utilize state criminal
history information needed to assist in fulfilling licensing duties
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ORDINANCE NO. 1464
under this chapter. The chief of police shall approve or deny any
application within thirty days following its receipt by the Tax
Collector. The chief of police may deny any application on the
grounds that the owner, applicant, principal manager or supervisor
of the business, or an employee of the owner or applicant:
(1) Has been convicted of a crime involving the sale or
possession of drugs or narcotics or a crime involving an offense
to public morals (i.e., Penal Code 290 "Sex Offenders Registration")
or if the crime is substantially related to the qualifications,
functions or duties of a Coin Operated Amusement Device Center,
owner, applicant, principal manager, supervisor or an employee.
(2) Has done any act involving dishonesty, fraud or
deceit with the intent to substantially benefit himself or another,
or substantially injure another; or
(3) Has done any act which if done by a licensee would
be grounds for suspension or revocation of the license; or
(4) Has knowingly made a false statement of fact required
to be revealed in the application; or
(5) The operation of the amusement device(s) or the
premises as proposed will violate any laws or ordinance.
A fee of $75.00 per owner, applicant or principal manager,
and a fee of $40.00 per supervisor or employee primarily associated
with the operation of the Coin Operated Amusement Device Center
will be assessed against the applicant. The fee is necessary to
defray the cost of the investigation.
10.40.080. Outside use prohibited. No person shall
operate a coin-operated amusement device as defined in this
Chapter, nor permit the sam to be operated in any outside location
within the limits of the City of San Rafael.
DIVISION 2. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance, and each section, subsection, sentence, clause,
ORDINANCE NO. 146
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid.
�-� LAwrchhut E. MU RY�NMar
Attest:
J NE M. LECINI; City Clerk
The foregoing Ordinance No. 1464 was read and intro-
duced at a regular meeting of the City Council of the City of
San Rafael, held on the fifth day of Julv , 1983,
and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
and will come up for adoption as an Ordinance of the City of
San Rafael at a regular meeting of the Council to be held on the
eighteenth day of July , 1983.
26 B/23
F M. LEONCI ; Ci y Clerk
MWM