ORD 79-40 LICENSING OF JUKEBOXES ORDINANCE NO. 79 - 40
AN ORDINANCE PROVIDING FOR THE LICENSING OF JUKEBOXES
AND THE ESTABLISHMENTS WHERE JUKEBOXES ARE MAINTAINED
FOR PUBLIC USE OR HIRE, REPEALS ORDINANCE NO. 72-6.
The City Council of the City of Winslow DO ORDAIN as follows:
SECTION 1. LICENSE REQUIRED. It shall be unlawful for any
person, firm or corporation to operate within the City, any coin
operated music box, commonly known as a juke box, without first
obtaining a license therefor in accordance with the provisions of
this ordinance.
SECTION 2. DEFINITION. A jukebox as defined in this section, shall
be any electronic or mechanical device or machine of any kind, nature
or description in which the oPeration is dependent upon the insertion
of a United States coin, whether automatically or otherwise which
results in the playing of music of any type.
SECTION 3. LICENSE APPLICATION. Any person, firm, or corporation
desiring to maintain, keep or operate any such jukebox shall make
written application for 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 said jukeboxes are applied
for and the total number of each device, desired to be covered by the
license.
SECTION 4. LICENSE FEES. Each license shall be issued for a period of
one (1) calendar year. The calendar year license fee for each license
shall be One Hundred Dollars ($100.00). In addition there shall be
issued a license for each particular machine used by the licensee and
the fee for each individual machine shall be Ten Dollars ($10.00) per
machine. The license fee shall be payable prior to January 31st for the
year required or prior to commencement of business in the City. For
any license procured after the applicable date required herein, there
is hereby assessed and shall be collected by the City Clerk, in
addition to the required annual license fee, a penalty of ].0% of the
annual license fee for each month or part of a month accruing between
the time such license is procured and the time when the same should
have been procured under the terms of this ordinance.
SECTION 5. ISSUANCE OF LICENSE. Upon approval of said apDlication
and payment of the fee as provided in Section 4, the City Clerk shall
issue to said applicant a license to operate said machines or devices
for which license has been applied.
SECTION 6. TERM OF LICENSE. All licenses issued under Section 5
shall expire on the last day of each calendar year. The fees for
said licenses shall not be pro rated for a partial year but the
full fees provided by Section 4 shall be payable regardless of the
date of application.
SECTION 7. LICENSE - NON-TRANSFERABLE. The license issued here-
under shall be personal and non-transferable, and shall at all times
be conspicuously posted in the place of business for which it is
issued. Where a 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 for
said taxpayer. 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 display his/her license; nor shall such other person
operate under or display such license.
SECTION 8. LICENSE REFUSAL, CANCELLATION, REVOCATION. The City
Clerk may refuse to issue a jukebox license, or 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 public peace, health
or welfare. Any person may appeal the refusal to issue, or cancellati~
or revocation of a jukebox license under the appeal procedures in the
HeaEing Procedure Ordinance.
SECTION 9. LICENSE SUBJECT TO WASHINGTON STATE LIQUOR CONTROL
BOARD RULES. Any license issued Dursuant to this ordinance shall
be subject, where applicable, to any rules or regulations of the
Washington State Liquor Control Board relating to the sale of
intoxicating liquor.
SECTION 10. PRIVATE CLUBS EXEMPT. This ordinance shall not apply
to private clubs holding valid licenses authorizing the sale of
alcoholic beverages for consumption on the premises but all clubs shall,
never-the-less, be subject to the rules and regulations of the Washingto~
State Liquor Control Board relating to music, dancing, or entertainment
within such club. For the purposes of this ordinance, a club is an
organization of persons, incorporated or unincorporated, operated
solely for fraternal, benevolent, educational, athletic or social
purposes and not for pecuniary gain.
SECTION 11. VIOLATION - PENALTIES. Any person, firm or corporation
violating any of the terms or provisions of this ordinance shall upon
conviction thereof, lose their license and be fined $500. or be punished
by imprisonment for a period of not more than 6 months, or by both
such fine and imprisonment.
REPEALER. Ordinance 72-6 is hereby repealed in its
SECTION 12.
entirety.
SECTION 13.
EFFECT OF PARTIAL INVALIDITY. If any provision or section
of this ordinance shall 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 14. EFFECTIVE DATE. This ordinance shall be in full force an~
effect 5 days after its passage and posting in the manner provided by la~
PASSED BY THE CITY COUNCIL OF THE CITY OF WINSLOW THIS
OF ~~ , 1979.
ATTE S T:
Clerk/Treasurer
/ DAY