Chapter 5.08
CIGARETTE VENDING MACHINES, MECHANICAL AMUSEMENT DEVICES, AND GAMBLING DEVICES
Sections:
5.08.030 Procedure for obtaining license.
5.08.070 Revocation of license.
5.08.010 Definitions.
(1) “Cigarette vending machine” shall mean any automatic vending machine used for the sale of cigarettes and controlled primarily by the insertion of coin(s) and/or currency. It shall not include machines or devices used solely for the vending of service, food, or confections.
(2) “City” shall mean the city of Kittitas.
(3) “Mechanical amusement device” shall mean any machine, contrivance, or device which, upon insertion of coin(s) tokens, or currency, slug, plate, disc or key, or the payment of any price may be operated by the general public for use as a game, the emission of songs, music, or similar amusement, whether or not registering a score. It shall include, but not be limited to, marble machines, pin-ball machines, skill ball, video games, mechanical grab machines, jukeboxes, and all games, operations, or transactions not specifically omitted herein, similar thereto under whatever name they may be indicated.
(4) “Person,” “firm,” “corporation,” or “association,” as used herein, shall include the following: any person, firm, corporation or association which owns or controls the use of any such machines; the person, firm, corporation, or association in whose place of business any such machine is placed for use by the public.
(5) “Punchboard” and “pull tab” shall mean any board, spindle or card from which tabs are pulled or punched and shall include any device used solely for the sale, and distribution of same. (Ord. 402 § 1, 1989; Ord. 223 § 1, 1974).
5.08.020 License required.
Any person, firm, corporation, or association displaying for public patronage or keeping for operation any cigarette vending machine, mechanical amusement device, punchboard, or pull tab device as herein defined by KMC 5.08.010 shall be required to obtain a device license from the city clerk upon payment of a license fee. This device license is separate from and in addition to the general business license issued under Chapter 5.04 KMC, and is required to be displayed in the same manner as required for a general city business license and shall be kept within the same immediate area as the general city business license. (Ord. 21-010 § 2; Ord. 402 § 2, 1989; Ord. 223 § 2, 1974).
5.08.030 Procedure for obtaining license.
Application for the licenses herein enumerated shall be made with the city clerk, or his designee, and approved by the city council. The application for the license shall contain the following information:
(1) Name and address of the applicant, and the name and address of the business;
(2) Place where the machine(s) or device(s) are to be displayed or operated, and the type of business to be conducted at that location;
(3) No license shall be issued to any applicant unless he is at least 21 years of age. (Ord. 402 § 3, 1989; Ord. 223 § 3, 1974).
5.08.040 Inspection.
It shall be the duty of the chief of police to investigate the location wherein it is proposed to operate such machines and ascertain if the applicant is of good moral character. The chief shall recommend that the city council either approve or disapprove the application. (Ord. 402 § 4, 1989; Ord. 223 § 4, 1974).
5.08.050 License fees.
(1) Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating and maintaining for operation any machine(s) or device(s) as defined in KMC 5.08.010:
(a) Cigarette vending machines shall be included in the total count as one unit per cigarette vending machine.
(b) Punchboard(s) and pull tab(s) shall be counted as one unit in the total count, regardless of the number of punchboards or pull tabs in use at any one establishment.
(c) Mechanical amusement devices and the aforementioned additions to the total count shall carry an annual fee of $35.00 for five or less total units, with an additional annual fee of $5.00 for each unit in excess of the basic five.
(2) Each license issued herein shall expire on December 31st, and shall be renewed, if applicable, during the month of January, subject to continued approval as enumerated in KMC 5.08.040.
(3) For the first-time application for the licenses covered herein made during the course of any year, the following prorated schedule shall apply for the license fee payable upon issuance of the first year license, which shall then expire on December 31st of that year.
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January through March |
100% |
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April through June |
80% |
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July through September |
60% |
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October through December |
40% |
(Ord. 402 § 5, 1989; Ord. 223 § 5, 1974).
5.08.060 Display of licenses.
(1) Licenses herein described shall be displayed as directed in KMC 5.08.020.
(2) If the licensee shall move his place of business to another location within the city, provided there is no change in business ownership or control, the license may be transferred to such new location upon application to, and approval from the city council, giving the street number and location of the new location. (Ord. 402 § 6, 1989; Ord. 223 § 6, 1974).
5.08.070 Revocation of license.
Every license issued under this chapter is subject to the right, which is expressly reserved to revoke the same, should the licensee, directly, or indirectly, permit the operation of any device herein mentioned contrary to the provisions of this chapter, the ordinances of the city of Kittitas, or the laws of the state of Washington. Said license may be revoked by the city council, after written notice to the licensee, which shall specify the ordinance or state law violation(s) with which the licensee is charged, if, after a hearing, the licensee is found guilty of such violations. Ten days’ notice of the hearing shall be given the licensee by mail at the address shown on the license, or by hand delivering the notice to the place of business shown on the license. At such hearing, the licensee and his attorney may be present to submit evidence or witnesses in his defense. (Ord. 402 § 7, 1989; Ord. 223 § 7, 1974).
5.08.080 Enforcement.
(1) Failure to comply with the regulations of this chapter shall be punishable by a fine of not less than $25.00, nor in excess of $100.00 or imprisonment for 30 days, or by both such imprisonment and fine. Each day in violation, after notification of same, shall be considered a separate offense.
(2) The premises herein licensed shall be open for inspection by the chief of police or his designee of related records and equipment at all times. (Ord. 402 § 8, 1989; Ord. 279 Att. A § 2, 1978; Ord. 223 § 8, 1974).