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HomeMy WebLinkAboutOrdinance 1105 ORDINANCE NO. �� - AN ORDINANCE PROVIDING FOR THE LICENSING & REGULATION OF JUKE BOXES AND MECHANICAL AND /OR NON-MECHANICAL AMUSE - MENT DEVICES ; PROHIBITING THE OPERATING OF GAMBLING MACHINES ; AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE - VILLE , ARKANSAS : SECTION 1 . Definition of Terms . As used in this ordinance, runless the context otherwise indicates, (a) the term " juke boxes" shall mean any music vending machine , contrivance or device which, upon the insertion of a coin, slug, token, plate , disc, or key into any slot, crevice, or other opening, or by the payment of any price , operates or may be operated, for the emission of songs, music, or similar amusement; (b) the term "mechanical and/ or non-mechanical amusement device" shall mean any machine , which, upon the insertion of a coin, slug, token, plate or disc , or payment to an operator, may be operated and / or used by the public generally for use as a game , entertainment or amusement, whether or not registering a score . It shall include such devices as marble machines , pin-ball machines, skill ball, and all game's , operations , or transactions similar thereto under whatever name they may be indicated . (c) the terms " person" , "firm" , " corporation" , or " association" as used herein shall include the following: any person, firm, corporation, or association in whose place of business any such machine is placed for use by the public . SECTION 2 . Gambling Devises Not Permitted. Nothing in this ordinance shall in any way be construed to authorize , license, or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device , or in any way contrary to law, or that may be contrary to any future laws of the State of Arkansas . /v1IeROFIL1viED, ©, , r�c o� 9 - a - SECTION 3 . License Required. Any person, firm, corporation or association displaying for public patronage, or keeping for operation any juke box or mechanical and/ or non- mechanical amusement device as herein defined by Section 1 shall be required to obtain a license from the City of Fayetteville , Arkansas , upon payment of a license fee . Application for such license shall be made to the City of Fayetteville, Arkansas, upon a form to be supplied by the City Clerk for that purpose . ti 'Pool SECTION 4 . Applications for licenses shall be referred to the Chief of Police who shall investigate the location wherein it is proposed to operate such machine , ascertain if the applicant is of good moral character, and either approve or disapprove the application. No license shall be issued to any applicant unless approved by the Chief of Police . SECTION 5 . License Fee . Every applicant, before being granted a license shall pay the following annual license fee for the privilege of operating or maintaining for operation each juke box or mechanical and/ or non- mechanical amusement device as defined in Section 1 herein. (a) juke Boxes $5 . 00 per machine Mechanical and/ or non- mechanical amusement devices $5 . 00 per machine or device (b) The license fee herein required to be paid shall be payable annually on January 1 of each year . Provided, that when an application is made for a license on or after July 1 , the license fee shall be one - half the amount of the license fee pre - scribed for in Section/ of this ordinance . (c) That upon payment of the license fees as prescribed herein, the City Clerk of the City of Fayetteville , Arkansas , shall deliver to the one paying the license fee , a a101W showing the payment of said license fee , the date thereof, and the expiration date of the license . - 3 - SECTION 6 . Display of License . (a) The license or licenses herein provided for shall be a" a Wa11 AC.81.6At t posted permanently and conspicuously nd the location of the machine or device in the premises Wherein the machine or device is to be operated or maintained to be operated. (b) If the licensee shall move his place of business to another location within the City of Fayetteville , Arkansas , the license may be transferred to the new location upon application to the City Clerk, giving the street and number of the new location. SECTION 7 . No person, firm, corporation or association holding a license under this ordinance shall permit persons under eighteen ( 18) years of age to play or operate any mechanical and / or non-mechanical amusement device as defined in Section 1 (b) of this ordinance . SECTION 8 . Penalty. That any person, firm, corporation or asso iation violating the provisions of Section 2 or Section 7 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Twenty-Five Dollars ($25, 00) nor more than Five Hundred Dollars ($500 . 00) , and each day such violation continues shall constitute a separate offense . That any person, firm, corporation, or association violating any of the provisions of Sections 1 , 3, 4, 5, 6 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Twenty - Five Dollars ($25 . 00) . Each day that such violation continues shall constitute a separate offense and shall be punishable in an amount not exceeding Fifteen Dollars ($15 . 00) per day. SECTION 9 . Separability of Provisions . The provisions of this ordinance are severable and if any part or provision hereof shall be held void, the remaining parts of this ordinance shall not be affected or impaired . - 4- SECTION 10 . Repeal of Conflicting Ordinances . All existing ordinances of the City of Fayetteville , Arkansas, are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance . �O14'fmoi✓ PASSED AND APPROVED THIS sjA- day of 1956 . (S) _ROY Rl scot! ROY O T, MAYOR ATTEST : City Clerl yCT/N�