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HomeMy WebLinkAboutOrd 1273 - Business License Fees for Amusement Centers and Amusement DevicesCity of'Tukwila Washington Cover page to Ordinance 1273 The full text of the ordinance follows this cover page. AN, ORDINANCE OF THE CITY Or TUKWILA, WAS14INGTON, ESTABLISHING AND REGULATrNG LICENSE F` EES FOR, AMilSEMENT CENTERS AND AMUSEMENT DEVICES Ordinance 1273 was amended or repealed by the following ordinances. 1:4 e Section(s) Amended 'Amended, by Ord 9 Sectioh(s),RepeAled Repealed, by Ord # 3,4,7 2355 3,4,6 2496 CITY OF TUKWILA WASHINGTON ORDINANCE NO. IJ 73 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING AND REGULATING LICENSE FEES FOR AMUSEMENT CENTERS AND AMUSEMENT DEVICES WHEREAS, it is in the best interests of preserving the public safety and welfare to impose licensing requirements on amusement device operations, and WHEREAS, a study has been conducted to determine the best licensing procedures for the City, and WHEREAS, a public hearing has been held, pursuant to proper notice, regarding the imposition of such a regulatory ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. MEANING OF TERMS. As used in this ordinance, the following terms shall have the following meanings: (a) "Amusement center" includes any place for business in which there are ten (10) or more amusement devices for purposes of ,play, use or operation. (b) "Amusement device lessor" is a person, corporation or firm who has legal title to an amusement device as defined herein, or as a pur- chaser or lessee is entitled to possession or control of said amusement device. (c) "Amusement device" is any machine or device which provides recreation or entertainment, as a game of skill, for which a charge is made for use or play, and which is not a gambling device or a device that encourages gambling, but does not include music machines, riding devices, television, and other devices for the display of pictures or views on film, nor does it include any automatic vending machine or'device used exclus for the vending of tangible merchandise. (d) "Automatic vending machine" is an automatic machine or de- vice operated by coins or currency which delivers tangible merchandise upon the deposit of coins or currency. (e) "Amusement device fees" constitutes fees to be paid to the City of tukwil.a on each and every amusement device installed in any location in the City. Section 2. LICENSE AND FEES REQUIRED. (a) It shall be unlawful for any person, firm or corporation to conduct or operate an amusement center in the City of Tukwila without first obtaining a license pursuant to the provisions of this title. (b) It shall be unlawful for an amusement device lessor to place amusement devices at any location within the City without first obtaining a business license pursuant to Chapter 5.04 of the Tukwila Municipal Code. (c) It shall be unlawful for any person firm or corporation to allow any amusement device to be operated within the place of business with- out first obtaining a license for each machine pursuant to the provisions of this title. Section 3. LICENSE FEES. (a) The license fee for each amusement center shall be $500 per annum. Such fees shall be payable annually or in quarterly installments upon request. (b) The amusement device fee shall be $50 per machine per annum. Such fee shall be payable annually. Section 4. ISSUANCE OF LICENSE. (a) Any person, firm or corporation desiring to apply for an amusement center license under the provisions of this Ordinance shall have a conditional use permit as required in the Zoning Code of the City of Tukwila. (c- UP �z0-�&- 0 .2yb (b) Any person, firm or corporation.desiring to apply for one or more of the licenses provided for by this Ordinance shall make a written ap- plication for such license or licenses with the City Clerk on a form prescribed by the City Clerk. At the time of applying for such license, said applicant shall deposit with the City Clerk the full amount of the license fee for the period for which application is made. This application fee shall be held by the Finance Director pending granting or denial of said application; provided, however, that 10% of said fee shall not be refunded in the event that the application is denied. Said 10% fee constitutes a charge for processing the application. (c) Said application shall be reviewed by a committee made up of City Clerk, Fire Chief,Police Chief and Planning Director. The Committee shall establish the qualifications of said applicant for the license being applied for and to assure compliance of all the laws, rules and regu- lations of the City of Tukwila regarding the installation and maintenance of said amusement devices. The decision of the review committee to grant or deny the application may be appealed to the City Council within 10 days. (d) All licenses issued under this ordinance shall be issued only to the person, firm or corporation; said license may not be transferred with- out prior written consent of the City following review of the proposed trans- fer by the license review committee. (e) All licenses issued allowing amusement devices within busi- ness operations must be prominently displayed. Each license will indicate the number of operable machines allowed on the premises. (f) All renewal fees for amusement center licenses, and amusement devices shall be due and payable on the first day of October of each year. (g) All licenses issued hereunder shall be good for a period of commencin October 1 one (1) year, /renewals therefor shall be subject to the same review as though the license were being issued originally. 2 Section 5. HOURS OF OPERATION. Except as provided hereunder, it shall be unlawful for any amuse- ment center to conduct business or be open for business between the hours of 12:00 midnight and 8:00 a.m. on Monday through Friday, and between the hours of 2:00 a.m. and 8:00 a.m. on Saturday and Sunday. Those amusement centers which have a Class H or a combined Class B, E and F retailers license issued by the State of Washington for the sale of liquor shall not be limited in the hours of operation of amusement de- vices which are located within the area of the establishment having such liquor license, however the total of all amusement devices on the premises, both inside and outside the area required to be licensed for the sale of liquor, shall be considered for amusement center licensing purposes. Section 6. VIOLATIONS AND PENALTIES. (a) In the event that the required fees are not paid when due, there shall be levied a delinquency fee of 30% of the annual gross license fee due. This penalty shall also extend to amuse- ment devices placed on the premises anytime during a license year if a license is not acquired at the time of installing the machine. (b) If the penalties and delinquency fees are not paid within ninety (90) days after the due date, all amusement devices will be removed at t directign of the Chief o Pol lfiall be charged plus from the premises A remova fee on each mac ine a storage fee of $10 per day per machine. (c) It is a violation of this Ordinance for the owner or operator of a business to fail to publicly display his amusement device license. (d) It is unlawful for the owner, operator, manager, or other person in charge of any amusement center or place in which an amusement device is located to permit or allow to be used or played in such place any amusement device not having attached thereto the name and current ad- dress of the owner of the amusement device. (e) Any person violating any provisions of this Ordinance is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in a sum not to exceed $500 or by imprisonment not to exceed six (6) months, or both. Any person who engages in or carries on any business sub- ject to a license hereunder without having first obtained the appropriate license shall be guilty of violation of this chapter for each day during which the business is so engaged. Any person who fails to pay the license fee or any part thereof on or before the due date shall be deemed to be operating without a license. Section 7. ENFORCEMENT. The City Clerk, the Finance Director, the Police Chief and Fire Chief are hereby empowered to administer, carry out and enforce the policies and provisions of this Ordinance. Section 8. EXISTING FACILITIES. All amusement centers and amusement devices located or operating within the City of Tukwila on or after September 30, 1982, are subject to the provisions of this Ordinance. 3 Section 9. SEVERABILITY. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 401 day of 1982. U j Mayo Gary Van Dusen ATTEST: Approved as to Form Deputy City Attorney, Daniel Woo City C9erk Published Record Chronicle September 26, 1982 4