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HomeMy WebLinkAbout10704ORDINANCE NO. 10704 AN ORDINANCE AMENDING ARTICLE 1 THROUGH 6 OF CHAPTER 6 OF TITLE IX WITHIN THE PUEBLO MUNICIPAL CODE, MODIFYING LICENSING AND FEES FOR COIN- OPERATED AMUSEMENT DEVICES AND COIN-OPERATED MUSIC MACHINES. ement devices that license individual devices; and WHEREAS, City has determined that the current licensing requirements put an undue burden on businesses; and WHEREAS, City collects revenue from rental of these types of devices and, therefore, has an interest in tracking the number and location of said devices; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Sec. 9-6-1. Definitions. a. Coin-operated music machine or music machine shall mean any mechanical device for music production operated by coins, tokens, slugs or similar means, for use of the public within the City, in a public or quasi-public place or in any building, store or other place where the public is invited, wherein the public may enter, or where the public customarily resorts. The first group of ten (10) (or less) receiving sets for coins, tokens, slugs or similar means, connected directly or indirectly (including telephone connection) with one (1) common music production source is hereby defined as one (1) music machine. b. Coin-operated amusement device shall mean any mechanical device or contrivance operated by coins, tokens, slugs or similar means, for the sole purpose of amusement and without other return, except replays, for consideration of the coin or other thing deposited, and for use of the public within the City in any public place or quasi-public place, or in any building, store or other place where the public is invited, wherein the public may enter, or where the public customarily resorts, operated by such coins or other such means, except coin-operated music machines as herein defined. c. Dealer shall mean any person on whose premises as proprietor thereof, the amusement device or music machine of an operator is placed for use. d. Operator shall mean any person using, renting or offering for use or rent, music machines or amusement devices for use on premises not under control of the operator, but under the control of a dealer, as herein defined. e. Owner shall mean any person owning or controlling less than three (3) amusement devices or music machines used on premises under the control of such person. Sec. 9-6-2. It shall be unlawful for any person to use, rent or display for use within the City, any music machine or coin-operated amusement device, without a license and the presence of a machine on the premises shall be conclusive evidence that a license is required. Upon application to the License Officer, there shall be issued an annual license and other insignia, subject to the limitations hereinafter set forth. Such application shall state the aggregate number of music machines and amusement devices to be authorized by the license, a general description of such machines \[by name and model\], and the addresses and names of the establishments where such machines are to be in use. Sec. 9-6-3. Fees. a. Operators: 1. For music machines: seventy-five dollars ($75.00) per year and, \[in addition thereto, fifteen dollars ($15.00) per year for each machine covered by the application and license; plus one dollar ($1.00) for each receiving set for coins, tokens, slugs or similar means, in excess of ten (10) connected directly or indirectly (including telephone connection) with one (1) common music production source.\] 2. For coin-operated amusement devices: one hundred twenty-five dollars ($125.00) per year \[and, in addition thereto, fifteen dollars ($15.00) per year, for each machine covered by such application and license\]. 3. \[It shall be unlawful for any operator to place in such amusement devices or music machines in excess of the aggregate number stated in his or her license; but additions may be made to such number licensed by application to the License Officer, and payment for the additional amusement devices at the rate of fifteen dollars ($15.00) per year per machine, to be prorated for the unexpired term of such license.\] b. Owner: 1. The applicant for an owner's license shall pay to the City an owner's license fee of seventy-five dollars ($75.00) per year. \[graduated upon the number of machines listed in such owner's application, as follows, to wit: thirty dollars ($30.00) per year for each amusement device or music machine used.\] 2. It shall be \[unlawful\] a Class 2 municipal offense for any owner to use or place in use amusement devices or music machines in excess of the number stated in his or her license or in locations not listed on the license. A licensee may amend or update their license throughout the year to inform City of the location and number of devices. \[; but additions may be made to such number licensed by application to the License Officer and payment for the additional amusement devices at the rate of thirty dollars ($30.00) per year per machine, to be prorated for the unexpired term of said license.\] Sec. 9-6-4. Payment, \[times\] timelines; information; refund; insignia. a. All license fees herein required shall be annual license fees due and payable in advance on January 1 of each calendar year and shall be delinquent on the succeeding February 1 of each calendar year; and no license shall be issued to any person unless required license fees due and accrued shall be paid. No refund shall be made upon revocation of licenses, or cessation of use of any or all such amusement devices thereunder. b. \[In addition to the usual license, the License Officer shall issue a decal or insignia for each machine licensed which shall be placed on the amusement device or music machine in such a manner as to be plainly visible to any person inserting a coin into or playing upon such machines. In the case of a machine with multiple receiving sets, only the principal receiving set shall be so identified. Such insignia shall be numbered and shall clearly show the year for which the same is effective. No outdated insignia shall be permitted to remain visible upon any machine.\] Sec. 9-6-5. Nuisance; revocation; refund; transfer of music machines. a. Every person shall be responsible for the use of such a machine on his or her premises and shall so use and control the same as not to create a public annoyance and disturbance to property owners or residents of the locality. Upon complaint, notice thereof by the City Council to the licensee and dealer, and such hearing thereon by the City Council as the City Council may reasonably prescribe, the use of any music machine or amusement device may be limited or prohibited. In case of prohibition thereof by the City Council of the use of a machine in any locality, the amount of the license fee for such machine shall be refunded on a pro-rata basis for the unexpired term of such license. b. Nothing herein shall be construed to prevent a licensee from replacing, exchanging or transferring the location of music machines or coin operated amusement devices, provided the location and number of devices or machines is declared on the license. \[from one (1) place covered by a license to another such place, provided that the number used in each such place does not exceed the number licensed for such place.\] c. All licensees are still required to comply with all applicable laws, regulations and ordinances, including, but not limited to, fire, safety, tax. Failure to comply with any law, regulation and ordinance could result in revocation of any and all City issued licenses including business, tobacco, and liquor licenses. Additionally, City may further abate, seize or declare a nuisance the coin-operated music machine or coin-operated amusement devices or both, including proceeds. Sec. 9-6-6. Gambling; revocation; transfer of amusement devices/machines. Every person shall be responsible for the use of such music machines or amusement devices on his or her premises. The use of any machine, directly or indirectly, for the purpose of gambling or gain other than amusement, shall constitute a violation of this Code. Upon complaint of such violation by any person, including police officials, such reasonable notice thereof to the licensee, and hearing thereof by the License Officer, the use of any such amusement devices at the place of any dealer or owner as herein defined may be prohibited and any license pertaining thereto may be suspended or revoked. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective 30 days after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 22, 2024. Final adoption of Ordinance by City Council on May 14, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 13, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Mark Aliff, President SUBJECT: AN ORDINANCE AMENDING ARTICLE 1 THROUGH 6 OF CHAPTER 6 OF TITLE IX WITHIN THE PUEBLO MUNICIPAL CODE, MODIFYING LICENSING AND FEES FOR COIN-OPERATED AMUSEMENT DEVICES AND COIN-OPERATED MUSIC MACHINES. SUMMARY: Attached for consideration is a proposed amendment of the Pueblo Municipal Code 9- 6-1 through 9-6-6 regarding licensing fees and requirements for coin-operated amusement devices and coin-operated music machines. PREVIOUS COUNCIL ACTION: This portion of the Pueblo Municipal Code was written in 1957 and does not appear to have been modified since. BACKGROUND: Currently, a coin-operated music device or amusement device requires an annual $15 license sticker along with an annual license fee for the business. Each time a machine is replaced, either because it needs repair or otherwise, a new sticker must be purchased. These fees are burdensome to licensees. City does collect revenue tax from rental of spaces for such devices, therefore, it is important to know the number and location of said devices, while knowing the exact machine in that location is not as critical. City needs to emphasize that abolishing the $15 license sticker fee does not mean that a licensee can have so many devices as to violate other regulations such as fire and safety codes at a location. FINANCIAL IMPLICATIONS: City will no longer collect a $15 license sticker fee per machine. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Not approving these changes will require all devices to still obtain the $15 license sticker including when swapping one device for another and continue to burden business. RECOMMENDATION: Accept the changes. ATTACHMENTS: None