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.
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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