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5027 Levy License Tax°i. ORDINANCE NUMBER 5027 Published in the Salina Journal �Janu!�U_ I lo_' 1943 ) r r AN ORDINANCE relating to and regulating, and providing for the levy and collection of a license tax upon the business, trade or occupation of owning or operating or maintaining pin ball games and other devices, and providing a penalty for the violation of this ordinance. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. It shall be unlawful for any person, firm, partnership or corpora- tion either as principal, agent, lessee, licensee, owner, or in any other capacity, within the City of Salina to own, maintain or operate, or permit to be maintained or operated or to have or keep or permit to be hd or kept for the purpose of opera- tion, or where the same may be operated, in any place where the same may be used or operated by any person other than the owner thereof, any game or ball casting device, commonly known as a pin ball game, marble game, marble table or pin table, or any similar game, machine or device in which a wheel, disc or hand is caused to spin or rotate, or on which discs or balls are caused to be spun, turned, rotated or cast, or any other similar game, machine or device *hich is operated by depositing therein a coin or token of any kind, or any so called race horse game, or any similar game or device, without first having secured a license from the City Clerk to engage in such business, trade or occupation and for the keeping, maintaining and operation of any such game, machine or device and without first having paid to the City of Salina the license tax therefor as hereinafter provided for, and without complying with all the rules and regulations in this ordinance provided for; PROVIDED, however, that this ordinance shall not be construed as relating to or permitting the licens- ing of any gambling device of any kind or nature; and provided further, that except as herein provided for, this ordinance shall not be deemed to apply to any machine or device used solely as a vending machine for the purpose of selling or vending 3 merchandise and which has no feature of chance or skill connected therewith. s Section 2. There is hereby levied upon every person engaged in the business, trade or occupation described in Section 1 of this ordinance and upon every game, machine or device included within the provisions of Section 1 of this ordinance, a license tax in the amount hereinafter set forth for each and every such machine 3 or device which is used, operated or maintained by any such person in the City of Salina, Kansas, such license tax being as follows: For each game, device or machine described in Section 1 of this ordinance, the sum of $100.00 per year, or for each fractional portion of a year remaining after the issuing of such license. Section 3. The license tax herein provided for shall be payable immediately upon the taking effect of this ordinance for each such game, machine or device then in use or operation in the City of Salina or whenever after such time any person shall engage in any such business, trade or occupation or commences the use, maintenance or operation of any such machine or device, and every license issued as provided for herein shall expire December 31st following the date of issue thereof, and hereafter every such license tax shall be due and payable on r the first day of January each year for every such game, machine or device then in operation. 1 r, 1 Section 4. A separate license shall be issued for each game, machine or device, and each license issued under this ordinance shall cover and permit the operation by the named licensee in the location designated in such license of I the game, machine, or device specified therein and for which such license is and games, machines or devices of the same general type and class may be i1issued, j i changed in such locations from time to time, and no license hereunder shall be transferred to any other licensee or to any other location than the one for which i it is originally issued. Section 5. Every person requiring any license under the provisions of this ordinance shall file with the City Clerk an application for a license 1 which shall state the name and address of the applicant, and of the owner, licensee and lessee of any such game, machine or device and the location where any such machine or device is to be used, kept or operated and shall describe I the machine or devices for which a license is desired at the location specified i i in such application. Upon the filing of such application and the payment of the license tax required by this ordinance the City Clerk shall issue to the applicant a license or licenses which shall specify the name of the person to whom such { license is issued and the description of the game, machine or device for the operation, maintenance or use of which such license is issued, the name of the owner thereof, the location where the same will be used, maintained, or operated, i the name of the owner or operator of the business conducted at said location, and the date of issue and expiration of such license, and such license shall be i attached to the game, machine or device for the use, operation, maintenance of I which such license is issued. Any license issued under this ordinance may be revoked by the Board of Commissioners at any time on proof satisfactory to them 4 that the owner, licensee, lessee or operator of any such game, machine or device, or the owner or operator of the place of business where the same is located, has violated or permitted the violation of any of the provisions of this ordinance. Section 6. It shall be unlawful for any licensee or for any person operating, i s maintaining, or keeping any such game, machine or device or operating or maintain- i I' ing either as owner, agent or employee the place of business where any such game, machine or device is kept, maintained or operated, to use any such game, machine ! or device as a gambling device or to permit the same to be used by other persons i as a gambling device or for gambling purposes, or to permit any such game, machine or device to be used or operated by any person under the age of eighteen years. Section 7. Wherever in this ordinance the term "person" is used, it shall be deemed to refer to any corporation, co -partnership or member thereof or any agent, representative, officer or employee of any person, corporation or co- partnership. Section 8. That Ordinance No. 5022 shall not be deemed to cover the operation of games or devices mentioned and described in Section 1 of this ordinance, and the license tax levied and required by the provisions of this ordinance shall be in addition to any license tax required by the provisions of said Ordinance No. 5022. Section 9. Any person who shall violate any of the provisions of this ordinance or who shall fail to comply with any of the requirements or provisions hereof shall be deemed guilty of misdemeanor and for each offense shall be punished by a fine of not less than $10.00 nor more than $100.00, or by imprisonment for not less than three, or more than thirty days, or by both such fine and imprisonment, and each day upon which any violation shall continue shall be deemed a separate offense. Section 10. This ordinance shall take effect and be in force from and after it publication in the official city paper. Introduced, January 4, 1943 Passed, January 11, 1943 Ed Morgenstern Mayor Attest: Chas. E. Banker City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do herebycertify that the above and foregoing is a true and correct copy of Ordinance No. 5027 passed and approved by the Board of Commissioners of the City of Salina January 11, 1943; and a record -'of the vote on its final adoption is found on page Journal No. 15. City Clerk (Published in the Salina Journal January 0RDrUM!CE YUfBM,, 5027 1943) AN O.RDIMArNCE relating to and regulating, and providing for the levy and collection of a license tax upon the business, trade cr occupation of owning or operating or maintaining pin ball games and other devices, and providing a penalty for the violation of this ordinance. 3E IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. It shall be unlawful for any person, firm, partnership or corporation either as principal, agent, lessee, licensee, owner, or in any other capacity, within the City of Salina to own, maintain or operate, or permit to be maintained or operated or to have or keep or permit to be had or kept for the purpose of operation, or where the same may be operated, in any place when + he same may be used or operated by any person other than the owner thereof, any game or ball casting device, commonly known as a pin ball game, marble game, :marble table or pin table, or any similar game, machine or device in which a wheel, disc or hand is caused to spin or rotate, or on which � scs or balls are caused tol"Sepun, -turned, rotated or cast, or any other similar game, machine or device which is operated by depositing therein a coin or token of any kind, or any so called 4MWWQV@W - race horse game, or any similar game or device, without first having secured a license from the City Clerk to pation and for the keeping, maintaining engage in such business, trade or occu- and operation of any such game, machine ar device and without first having paid to the City of Salina the license tax therefor as hereinafter provided for, and without complying with all the rules and regulations in this ordinance provided for; PROVIDED, however, that this ordinance shall not be construed as relating to or permitting the licensing of any gambling device of any kind or nature; and provided further, that except as herein provided for, this ordinance shall not be deemed to apply to any machine or device used solely as a vending machine for the purpose of selling or vending merchandise and which has no feature of chance or skill connected therewith. Section 2. There is hereby levied upon every person engamed in the business, trade or occupation described in Section 1 of this ordinance and upon every game, machine or device included within the provisions of Section 1 of this ordinance, a license tax in the amount hereinafter set forth for each and every such machine or device which is used, operated or maintained by any such person in the Citi, of Salina, Kansas, such license tax being as follows: For each game, device cr machine describied in Section 1 of this ordinance, the sum of $ 100.00 per year, or for each fractional portion of a year remaining after the issuing of such license. Section 3. _ The license tax herein provided for shall be payable immediately upon the taking effect of this ordinance for each such game, machine cr device then in use or operation in the City of Salina or whenever after such time any person shall engage in any such business, trade or occupa- tion or commences the use, maintenance or operation of anv such machine or device, and every license issued as provided for herein shall expire December 31st following the date of issue thereof, and hereafter every such license tax shall be due and payable on the first day of January each year for every such game, machine or device then in operation. Section 4. A separate license shall be issued for each game, machine or device, and each license issued under this ordinance shall cover and permit the operation by the named licensee in the location designated in such license of the game, machine, or device specified t4w ein and for which such license is issued, and games, machines or devices of the same general type and class may be changed in such locations from time to time, and no license hereunder shall be transferred to any other licensee or to any other location than the one for which it is originally issued, Section 5. Ftrery person requiring any license under the provisions of this ordinance shall file withthe City Clerk an application for a license which shall state the name and address of the applicant, and of the owner, licensee and lessee of any such game, fie, machine or device and the location where any such machine or device is to b e used, kept or operated and shall describe the machines or devices for which a license is desired at the location specified in such application. TTnon the filing of such application and the payment of the license tax required by this ordinance the City Clerk shall issue to the applicant a license or licenses which shall specify the name of the person to whom such OW license is issued and the description of the game, machine or device for the operation, maintenance or use of which such license is issued, the name of the owner thereof, the location where the s ame will be used, maintained. or operated, the name of the owner or operator of the business conducted at said location, and the date of issue and expiration of such license, and such license shall be attached to the game, machine or device for the use, operation, maintenance of which such license is issued. Any license issued under t his ordinance may be revoked by the Board of Commissioners at any time on proof satisfactory to them that the owner, licensee, lessee or operator of any such game, machine or device, or the owner RIP' operator of the place of business where the same is located, has violated or permitted the violation of any of the provisions of this ordinance. Sectl:on 6. It shall be unlawful for any licensee or for any person operatinF-, maintaining, or keeping any such game, machine or device or operat- ing or maintaining either as owner, agent or employee the place of business where any such game, machine or device is kept, maintained or operated, to use any such game, machine or device as a gambling device or to permit the same to be used by other persons as a gambling device or for gambling purposes, or to per- mit any such game, machine or ievice tote used or operated by any person under the age of eighteen years. Section 7. Wherever in this ordinance the term "person" is used, it shall be deemed to refer to any corporation, co -partnership or member thereof or any agent, representative, officer or employee of any person, corporation or co -partnership. Section 8. That Ordinance Number 5022 shall not be deemed to cover the operation of games or devices mentioned and described in Section 1 of this ordinance, and the license tax levied and required b q Y the provisionssof this ordinance shall be in addition to any license tax required by the provisions of said Ordinance Number 5022. Section 9',,.Any person who shall violate any of the provisions of this ordinance or who shall fail to comply ,with any of the requirements or provisions hereof shall be deemed guilty of a misdemeanor and for *a.ch offense shall be by a fine of not less than X10.00 nor mo5e than pun- ished for not dose than three, or more than thirty aya, ory SOPH s°cYfris e a��d each day upon which any violation shall continue shall be deemed a s�r���isonment, offense. p Section 10. This ordinance shall take effect and be in force from and after its publication in the official City paper. Introduced, January 4, 1943 Passed, January 11, 1943 1., ayo r ATTEST: