ORD 80-06 LICENCING OF BUSINESS ESTABLISHMENTSORDINANCE NO. 80 - 0 6
AN ORDINANCE PROVIDING FOR THE LICENSING OF BUSINESS
ESTABLISHMENTS WHICH MAINTAIN OR MAKE AVAILABLE FOR PUBLIC
USE, POOL OR B ILLIARD TABLES, FOOSBALL GAMES,
SHUFFLEBOARDS, ]~]~F~]~X~I~ AND REPEALING ORDINANCE
79 - 38.
The City Council of the City of Winslow DO ORDAIN as
follows:
SECTION 1. LICENSE REQUIRED: It is unlawful. for any
person, firm or corporation to open, carry on, or maintain any
business on which premises pool or billlard tables, foosball
and
games, shuffleboards, a~~~ox3x~ are maintained within
the City of Winslow without first obtaining a license therefor,
in accordance with the provisions of this ordinance.
SECTION 2. LICENSE APPLICATION: Any person, firm or
corporation desiring to maintain, keep or operate any place of
business on which premises pool or billiard tables, foosball
games, shuffleboards, ann bowling alleys, shall make written
application for a license to do so and file the same with the
City Clerk. Such application shall state the name of the
applicant and address and place of business at which any of
sa. id pool or b]l!iar~ tables, foosball games,~n~huffleboar~-s,
~Mlx~~]~n~3x~ is applied for, and the total number of each
tievice desired to be covered by the license.
SECTION 3. LICENSE FEES: Each license shall be ]ssue~ for
a period of one (1) calendar year commencing March !, 1980.
The calendar year ].icense fee shall be Twenty-Five Dollars
($25.00) for each pool or billiard table, shuffleboar~,and
foosball game, x]~x~~~~ operate~ by the
licensee and shall be payable prior ~o March 31st for the year
required or prior to commencement of business in the city. For
any license procured after the applicable date require~ herein,
there is hereby assessed and shall be collected by the City
Clerk, in addition to the required annual license fee, a
penalty of ten percent (10%) of the annual license fee for each
month or part of a month accruing between the time such license
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is procured and_ the time when the same should have been
procured under the terms of this ordinance.
SECTION 4. ISSUANCE OF LICENSE: Upon approval of said
application and payment of the fee, as provided in Section 3,
the City Clerk shall issue to said applicant a license to
operate said. machines or devices for which license has been
applied.
SECTION 5. TERM OF LICENSE: All. licenses issued under
Section 4 shall 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 shall be
payable regardless of the date of application.
SECTION 6. LICENSE - NON-TRANSFERABLE: The license issued
hereunder shall be personal and non-transferable, and shall at
all times be conspicuously posted in the place of business for
which it is issued. When the location of business of the
taxpayer is changed the taxpayer shall return the license to
the City Clerk and a new license shall be issued for the new
location of business without charge. No person to whom a
license has been issued pursuant to this ordinance shall permit
or allow any other person to operate any business or dj. splay
his/her license; nor shall such other person operate under or
display such license.
SECTION 7. QUALIFICATION OF LICENSEE: In ad_dition to the
general qualification of licensee set forth in this ordinance,
no license for the operation of pool or billiard tables,
foosball game~n,~shuffleboards, ~xx~ki~xx~k~l~x shall be
granted or issued to the following persons:
(a) Any person who has been convicted of violation of
federal, state or city laws or ordinances regulating the
manufacture, transportation, possession or sales of narcotics
or intoxicating liquors or of any crime involving moral.
turpitud_e within a period. of three years Dext prior to the date
of making applications for such license.
(b) Any person who names another person to have the active
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management of such place where pool or billiard tables,
and
foosball games, shuffleboards, za~xxz~~ll~xxx~-~~ are
maintained for public use for hire, who has been convicted as
described in Paragraph (a) of this section or had a similar
license previously revoked.
(c) Any person, where in the opinion of the City Council
the location for said place where pool or billiard tables,
anti
foosball games, shuffleboards, M~lfkxx~N~11NR<xxx~ are
maintained for public use for hire is not proper or for the
best interests of public safety or morals.
SECTION 8. LICENSE REFUSAL, CANCELLATION, REVOCATION: The
City Clerk may refuse to issue a license for pool or billlard
nds'huffleboards, ~Blej~xx~i~]~xx~D~]xte~ or
tables, foosball gameS,
the City Council may cancel or revoke such license after it has
been issued, if it is learned, that the same was procured by
fraud or false representation of facts, or that the applicant
or permittee has failed to comply with the provisions and
requirements of this ordinance, or has violated any provisions
hereof, or for any other reason which, in the opinion of the
Chief of Police, will be detrimental to the pub]ic peace,
health or welfare. No license may be revoked or cancelled
until after a public hearing conducted in accordance with the
quasi-judicial hearings procedures of the Wins]_ow hearing
examiner ordinance. Any person may appeal the refusal to issue
a license under the appeal procedures in the hearing procedures
ordinance for administrative hearings. It shall be the duty of
all licensees granted licenses for the operation of pool or
billiar~ tables, foosba!l game~a, ncl~huffleboards,
mR1~!~sx to comply with the following regu].ations, and the
failure of any licensee to do so shall constitute, but shall
not be exclusive grounds for suspension or revocation of any
license and, shall constitute a violation of this ord,inance and,
the event of such revocation, no part of the l~I. cense fee
shall be refunded.
(a) To employ no one on the premises covered by the
license who has been convicted of a violation of the state or
city laws or ordinances relative to gambling within one year
from the date of such convict]on.
(b) To have no one employed or financially interested in
the business to be conducted who has had a license revoked for
cause by the City of Winslow within one (1) year from the date
of such revocation.
SECTION 9. LICENSE FEE IN ADDITION TO OTHER TAXES: The
license fees imposed by this ordinance shall be in addition to
any other taxes or fees ],mposed by the City of Winslow.
SECTION 10. VIOLATIONS - PENALTIES: Any person, firm or
corporation violating any of the terms or provisions of this
ordinance shall upon conviction thereof, lose their license to
operate and be fined the sum of Five Hundred Dollars ($500) or
punished by imprisonment for a period of not more than six (6)
months or by both such fine and imprisonment.
SECTION ll. EFFECT OF PARTIAL INVALID ITY: I f any
provision or section of this ordinance sha].l be held void or
unconstitutional, all other parts, provisions and sections not
expressly so held to be void or unconstitutional shall continue
in full force and effect.
SECTION 12. REPEALER: Ordinance No. 79 - 38 is bereby
repealed in its entirety.
SECTION 13. EFFECTIVE DATE: This ordinance shall become
in full force and effect on March 23 1980.
PASSED by the City Council of the City of Winslow this 3rd
day o f March ! ~ 80.
ATTEST:
·
ALICE B. ~.~WRESEY, MAYOR //
t/
APPROVED AS TO FORM:
~C~~O~
O~ ~C~~O~ ~H~ ~D ~8~OC~~
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