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Home My WebLink About1956-03-05 Minutes164 Fayetteville City Council met in regulgb session, Monday, March ..5:, 1956. Present: Mayor Roy A. Scott, Acting City Clerk A. D. McAllister, Jr.,City Attorney A. D. McAllister, Jr.., City Engineer W. C. Smith, City Auditor Albert Jones, City Building Inspector Harold Lieberenz, Police Chief Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Richardson, Parish; Holland, Lunsford, Williaias, Bissett, Bronson, and Alexan sr. In absence of City Clerk, J. W.'McGehee, City Attorney A. D. McAllister, Jr. was designated to act as City Clerk. Minutes of the regular meeting of February 20 were read and Alderman Richardson moved to delete the phrase "In the Northwest Corner of City's Off -Street Parking lot" and add " At the corner of Church and Center Street," and to omit all references to "suspending all rules" when motion is made to"pass ordinance." eln the minutes of February 20, 1956 motion was duly seconded by Alderman Alexander and passed unanimously. Alderman Richardson moved that the bills which had been approved by the tfin�afi - committee be allowed as approved. This motion was seconded by Alderman Alexander and was passed unanimously. Alderman Williams moved that '* AN ORDINANCE PRuVIDING FOR LICENSING AND REGULATING OF JUR BOXES AND MECHANICAL AND/OR NON-MECHANICAL AMUSEMENT DHUCES" as amended be -passed. Mott was duly seconded by Alderman Lunsford, and on roll call by the Clerk the following vote was recorded: Ayes: Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson, and Alexander. Nays: None. Whereupon, the Mayor declared the ordinance passed , th being eight (8) ayes and no nays. Alderman Lunsford moved that the emergency clause in the ordinance be adopted. The motion was duly.seconded by•Alderman Bissett and upon roll call by the clerk, the following vote was recorded: Ayes: Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson; and Alexander. Naye: None. Whereupon, the Mayor declared the emergency clause adopted there being eight (8) ayes and no nays. Alderman Williams moved that the application of Mrs. Nora B. Adams for a building permit # 1961 for construction of a service station ber referred to the building and sewer committees for recommendation and report. The motion was duly seconded by Alderman Richardson and passed unanimously: Alderman Richardson moved that the application of Mrs. Louise Budd for building permit # 1962 be approved. Motion was duly seconded by Alderman Parish and passed unanimouslyl The Mayor requested that -the committee previously appointed to work on annexation matters investigate the petition of Lewis H. Rohrbaugh,--. and Ruth Bunker Roh'rbaugh•;'t,nows:pending before the Washington County Court for annexation of real estate to the city of Fayetteville, ¢rxansas and make their recommendation and report at the next regular meeting of the council. Alderman Holland moved that the Mayor be instructed to advertise for bids for the purchase of a new truck for the Sanitation Department. Motion was duly seconded by Alderman Williams and passed unanimously. ORDINANCE NO.:a1105 AN ORDINANCE PROVIDING FOR TIE LICENSING 8 REGULATION OF JUKE BOXES AND MECHANICAL AND'/.OR NON-MECHANICAL AMUSEMENT DEVICES; PROHIB3ITING THE OPBRATING UF GAMBLING MACHINES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE Cr2Y COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. Definition of terms. As used in this ordinance, unless the context otherwise indicates, (a) thefterm 11 -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 whicn, 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, skili ball, and all games, 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 plat; of business any such machine is placed for usebby the public. SECTION 2. Gambling Devic es..Not_Permitted. Nothing in this ordinance snail in any way o be construed to aut=raze, 1 cense, or permitany gamoling devices wnatsoever, to any mechanism that has been judicially determined to be a gambling device, or in any way Coltrary to law, or that may be contrary to any fzture laws or the Stateoof Arkansas. SECTION 3. License Re uired. Any person, firm, corporation or association disp�aying� for public patronage, or keep ng for operation any Juke bioxes or mechanical and/or non -I mechanical amusement device as herein defined by Section 1 snail 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 aform to be supplied by the City Cleric for that purpose. 2 m • SECTION 4. Applications for licenses shall be referred to the Chief of Poiice 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 alicense snail pay the following annual License fiie for the privilege of operating or maintaining for operation each juke box or mechanical and/or non-mecnanical amusement device as defined in Section 1 herein. ..1 (a) Juke Boxes p 5.UO 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 l of each year. Provided, that when an application is made for a License on or after July L, the license fee shall be one-half of the amount of the License fee prescribed for in Section 5 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, alicense showing the payment of said license Yee, the date thereof, and the expira date of the license. SECTION 6. Dispiayof License. (a) The license ur licenses herein provided for shall be posted permanently and conspicuously un a wall nearest t„ the location of the machine or device in the premiseswherein the machine or device is to operated or maintained to be operating. (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 gbving the street&humber 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 association violating the provisions o Sec ion 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 Twnety-Five Dollars (025.00) 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, 50 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 aidshall 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 par or provision hereor shill be held void, the remaining parts of this ordinance shall not be affected or impaired. SECTION 10. eat of Conflicting Ordinances. All existing ordinances of the City of Fayetteville, Ar ansas, are ere,_y repealeed insofar as they may be'inconsistent with the provisions of this ordinance. PASSED AND APPROVED THIS 5th day of March , 1956. APPROVED: i OY A. SCOTT, MAYOR ATTEST: There being no further business Alderman seconded by Alderman Lunsford and passed meeting adjourned. ATTEST ACTING C CLERK Bissett moved to adjourn which motion was unanimously, andthe Mayor declared the APPROVED: A. SCOTT, MAYOR I li