ORD 80-03 LICENSING OF BUSINESS ESTABLISHMENTSORDINANCE NO. 80
03
AN ORDINANCE
ESTAB I_, I SIIMI~:N'i"S
~1___'7/- POOL
SHUFFLEBOARDS,
79- 38.
PROVIDING FOR. THE L, ICENS!NG OF D[JSINE,~S
WHICH MAINTAIN. O~R__~iIKF~AVAII,ABLE ..F.0R. PUBLIC
OR B ILLIARD TABLES, FOOSBALL GAMES,
AND BOWLING ALLEYS AND REPEALING ORDINANCE
The City Council of the City of W:ins]ow DO ORDAIN as
i: o ] ] o w s:
SECTION ].. LICENSE REQUIRED:
person, firm or corporation to open,
It is unlawful for any
carry on, or maintain any
business on which premises
game.q, shuffleboard,{=!;, and
pool or bi_l].iard tab].es, foosba]]
bowling a]I eys are mai ntained wi thi n
the City of Winslow without fir;st obtaining a license therefor,
in accordance with the provisions of this ordinance..
SECTION 2. LICENSE APPLICATION: Any person, firm or
corporat].on desiring to maintain, keep or operate any p].ace of
busi~_e:.~s .... on which premises pool or
bi ].].iard tables, foosba].].
games, :=:,buffieboards, and bowling alleys, shall make written
application for a l'[cense to do so and fi].e the same with the
City <'],?rk.. Such application shall state the name of
applica:"~t and ad{~,':ess aPd p.],:.~ce of business ant w.bi_ch any of
said I::~,oe, 1 or- bill lard tab]ca, fc{',~sba].! qamr~s, 'sh,~fflebo~::rds,
and i-:,ow].i c,9 a] ] {'l..'f .l .~-' .:~.pp'l..ic, d fc, r, and the total number of each
device c:es[~.'e{] t:.o b.<~ ,.:'.<~vered by the ]jcense
SECTION 3. [.,ICENSE FEES
Each license shall be issued fc, r
a per i od of one ( 1 )
The ca] end~r year
calendar year cornmencing March 1, 1980.
] i cense fee shall be Twenty-Five Dollars
($25.00) for each pool or bi].]iard tab].e, shuff].eboard,
foc:~sbal 1 game, or bow]. ing
alley estab].ishment operated by the
]icensee and shall be payable prior to March 3tst for the year
required or prior to commencement of business in the city. For
any license procured after the app]i. cable date required herein,
there i.s hereby assessed and shall be collected by the City
Clerk, in addition to the recluired annual license f~e, a
pena].ty of ten percent (].0%) of the annual].. license 'fee for each
month c,r: part c,[ a month accruing between the time such !'icense
is pr'oct!red and the time when th<, ~:amc, ghoul r'~ have been
SECTION 4. ISSUANCE OF LICENSE:- Upon approval of said
application and pa!~nent of the fee, as provided in Section 3,
the City Clerk shall issue to said
applicant a ]icense to
operate said machines or devices
applied.
SECTION 5. TERM OF
for which license
has been
LICENSE: All .1 ~. censes issued under
Section 4 sha].l expire on the last day of February in each
year. The fees for said licenses shall not be pro rated for a
partial year but the full_ fees provided by Section 3 sha].! be
payable regard].ess of the date of application.
SECTION 6. LICENSE - NON-TRANSFERABLE: The ].j. cense ~ ssuec]
hereunder sha]_]_ be personal. and non-transferable,
and shall_ at
all times be conspicuously posted in the place of business for
which it ]s issued. When the location of business of the
taxpayer is changed the taxpayer shall return the license t.o
the City Clerk and a new ].icense shall be issued for the new
location of business wi. thout charge. No person to whom a
1. icerise
or a 1 ]. ow
hi s/her
has been issued pursuant to this ordinance shall permit
any other person to operate any business or dj. sp].ay
license; nor shall such ether person operate under or
disp].ay such ]_icense.
SECTION 7. QUALIFICATION OF LICENSEE: In addition to the
general qualjfjcation of 1. icensee set forth in
th,is ordinance,
no llcen,?',e for the operation of pool or bi!liard tables,
..... huff leboards,
f ocs~a l! games, ~ .
and bowl j ng al.] eys, sha].l be
granted or issue{? to the fc:.l]owing persons:
(a) Any pel:'sen who has been convicted of vjolatj. on of
federal, state or city laws or ord~]nances regu],ating the
manufacture, transportation, possession or sa],es
of narcoti cs
or intoxicating t iquors or of any crime involving moral
turpitu{Te within a period of three years next prior to the date
of making applications for such license.
(b) Any person who names another person to have the active
n'~anagem~:;nt of such place where pool or bi].] lard tables,
f oo.~:;l.':a l ]. ga!,~xes, sP~.~..~[ [] eb<',ar ds, an<] bow] j ng a:l ]_eys are
ma j nt,:'i i. ~<.,d tot [~,+!,]-' [ c tl:={:~ fc:r tli r',,',, who has [!{:,on conv~ cto(] as
descr i.b{-~d in r~aragrap,, (a) of this sec~jon or had a sire, ~_ar
license previous'ly revoked.
.. .. w h C o .~ t
(P) Any pe~' sor~, ere in the c;pi nion of the City uric
the location for said place: where pool or billlard tables,
foeshal ] games, shuf fl eboards, ant~ bowl j ng al].eys are
maintained for public use for hire is not proper or for the
best interests of public safety or morals.
SEC_TION 8. LICENSE REFUS__AL, CANCELLATION, REVOCATION_.' The
City Clerk may refuse to issue a license for pool or bj.]].jard
tables, foosbal !. games, shuffleboards, and bow~ ing alleys or
the City Council may cancel or revoke such license after j.t has
been issued, if i t. i s learned that the same was procured by
fraud or false representation of facts, or that the ,applicant
;'>e. rmi ~tce has fai led to comply w.i. th the provisjions and
or L .- ~ ....
/
requinement:s of this-ordinance, or has violated any provisions
thereel:, or for: any other reason which., in the opinjon of the
Chjoll of !~e] ice, wj ] ] be E]etr iment,."~.'i. to the pub] ic peace,
heal th or welfare. No Iicense may .... be revoked or
·
until. ai;ter a public hearing conducted
quasi-judicial hearings procedures of
examiner: ordinance. ./~ny person may appeal
cancel ..! ed
accordance with the
the Winslow hearing
__
the refusal te issue
!i~_ense under the appeal. procedures ]n the hearjng
ordinance for
~._
a 11 ] i consees
procedures
administrative hearings. It shall be the duty of
gr"anted licenses for the operation of pool or'
bi!liard tables, foosba].] games, shuffleboards, and bowling
alleys to comp].y with the following regu]..ations, and the
failure of any ] icensee to c~o so sha].]. constitute, but sha].]
not be exclusive grounds for suspensn]on or revocation of any
license ar.d sha]_] constituted violation of this ordinance and,
it',, t!~e {:,vcr~t <.>t ,:;t~ch revocatic~r!, n;.} par't of tlne license fee
s. h a i ] be r ¢. f u r~ d e C!.
(a)
To emp]_c,,-' r':o one or! the p~remises cove. red by the
license who has been convicted of a v].olation of the state or
city ]aws or or{linancos rel,ntive to gamb]_in9 within one year
from the date of such conv.iction.
(b) To have no one employed or financia].ly interested in
the business to be conducted who has had a license .revoked for
cause by
the City of Winslow within one (]) year from the date
of such revocat ion.
SECTION 9. LICENSE FEE
IN ADDITION TO OTHER TAXES: The
license fees impoced by this ordinance shall be jn addition to
any ~,?~ther taxes or fees <imposed by the City of Winslow.
SECTION 10. VIOLATIONS- PENALTIES: Any person, firm or
corporation violating any of the terms or provisions of this
ordinance sb, a]]. upon conviction thereof, lose their ljcense to
operate and be fined the sum of Five Hundred Dollars ($500) or
punj. shed by imprisonment for a period of not more than six (6)
months or by both such fine and
~mpri sonment.
SECT, ION 11. EFFEqT OF PARTIAL IN~VALIDITY: If any
provision or section of tbi. s ordinance shall be bel. d void or
unconstitutional, all other parts, provisions and sections not
express]_y so held to be void or unconstitutional shall con. tj_p~ue
in full force and effect.
SECTION 12. REPEALER: Ordinance No. 79 - 38
repea]e6{ in ~ts entit-ety.
~ s be r eby
.C,E(;TION ] 3. EFFi.e:CT 1VE [)ATE: T'i':!i s ord i nance sha.l ] h, ecome
day {'~f Febrt~ary, I980.
in full f,'>r-ce and effect on March 1, ].980.
. .:~7~'i''':'i ~,~ ..
PASSED by ti2e City Council of the City of Wins]oow thi. s l:9th
ALICE
ATTEST:
[qORMA SUE FRIX, CLERK/TREASURER
APPROVED AS TO FORM:
'f{OS j'R~5 w. MCK fSSON
OF MCK t SSON, LEHNE AND ASSOC I ATES
CITY ATTORNEY