Loading...
HomeMy WebLinkAboutOrdinance 1425 (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. 1425 entitled: AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 10.40, "MECHANICAL AMUSEMENT DEVICES", AND REENACTING SAID CHAPTER AS "COIN OPERATED AMUSEMENT DEVICES" is a true and correct copy of an ordinance of said City and was introduced at a revular meeting of the City Council of the City of San Rafael, held on the fifteenth day of March , 1982, 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 fifteenth day of March 19 82, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen n WITNESS my hand and the official seal of the City of San Rafael this eighteenth day of March , 1982 . JEAN�LEON�NI,_aCity Clerk ORDINANCE NO. 1425 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 10.40, "MECHANICAL AMUSEMENT DEVICES", AND REENACTING SAID CHAPTER AS "COIN OPERATED AMUSEMENT DEVICES" THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 10.40, "Mechanical Amusement Devices," of the San Rafael Municipal Code is hereby repealed in its entirety. Chapter 10.40, "Coin Operated Amusement Devices" of the San Rafael Municipal Code is hereby reenacted and shall read in its entirety as follows: Sections: 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. 10.40.010 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 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 ORDINANCE NO. 142 - 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.) (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. - 2 - ORDINANCE NO. 14� 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 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: MM ORDINANCE NO. 14�-_ (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; or (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. DIVISION 2. This Ordinance is an Urgency Ordinance for the needed preservation of the public peace, health, or safety and shall go into effect immediately. The facts constituting such necessity are as follows: The City of San Rafael, through the adoption of Ordinance No. 1423, recently amended Chapter 14.64, "Coin Operated Amusement Device Centers", within its Zoning Ordinance to provide for the licensing and regulation of said Amusement Device Centers. In conjunction with said Ordinance, the City Council of the City of San Rafael found it necessary to impose additional regulations allowing the Police Chief of the City of San Rafael to investigate all permit applicants and their proposed employees for Amusement Device Centers which cater to and offer amusement for the youth of the City. Because of the recent adoption of said Ordinance and because of pending applications, it is necessary that this Ordinance be adopted immediately so that applications may be processed with the scrutiny of the Police Chief for permit applications and their proposed employees. This Ordinance is urgently needed to preserve the peace, tranquility, and order of this community. -4- ORDINANCE NO. 1425 DIVISION 3. 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, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. LAWRENCE E . MULRY N , MeCyor Attest: J CINI� 1M L/EONCit C erk Y The foregoing Ordinance No. 1425 was adopted as an Urgency Ordinance of the City of San Rafael at a regular meeting of the City Council of the City of San Rafael, held on the 15th day of March , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 21 A/25 lcd-�� A. '/,- JI(ANI-M. LEONCINI , City Clerk - 5 -