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HomeMy WebLinkAboutOrdinance 225~NFORMATION SERVICE, Municipa; Reference Bureau, League of Minn. Municipalities University of Minnesota Library Building, Minneapolis l~, Minn. ORDINANCE NO. 225 AN ORDINANCE LICENSING AND REGULATING ~iECHANICAL MUSICAL DEVICES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. The Council of the City of Columbia Heights does ordain as follows: ~ection 1. License Required. No person, firm or corporation either as principsl, agent, lessor or lessee sh~ll possess, keeps permit or maintain any mechanical musical device on any premises under his or its control, within this city and open to the public or any group or class thereof, without first having applied for and received a license for each such machine as herein provided. A mechanica~ musical devise under this o~dinance shall mean and include any device for producing, reproducing or playing musical selections or numbers~ either vocal or instrumental~ or both~ which is operated by depositing therein a coin or token. It sh~l~ als~ mean sd include any such device which is operated mechanically to render definite musical selections or numbers selected by the operators or others~ as aforesaid, after the direct or indirect payment therefor~ but the provisions here-of shall not include radios nor phonographs playing records or musical recordings upon which the record or recordings are placed and removed by hand and for the operation of which no p~ment is required either by the deposit of a coin or token in the device itself or by giving the ssme to the owner or operator. Section ~. Application for License Fees. Any person, firm or corpor- ation desiri~ a license for any machine or device hereunder shall file an ~pplication therefor with the city Clerk on a form to be provided by the municipality~ and' s~l give the name of the applicant, the trade name and a general description of the device to be licensed~ the name and address of the owner of the device if other than the license, the address of the premises where the licensed devise is to be operated together with the character of the business carried on at that place, aud the denomination of the coin or §$~1§ required for the operation of the device, ~r tke ve.~e o£ the token used in lieu thereof or a statement-of any other payments direct or indirect that will be required aud received for such operation. Every such application shall be accompanied by au annual fee as the City Council shall by resolution provide, said fee shall be paid over to the City Treasury by the clerk upon the granting of the license requested. If the license is denied the fee shall be refunded. Section 3. Issuance ~nd Term of License. Applications for licenses hereunder shall first be referred by the clerk to the police department and if the business operated on the premises where the permit is requested is as described in the application and the same is being legally operated and the device to be licensed will not clearly constitute a nuisance in the proposed location the department shall approve of the ~pp!ication. Every application sh~l~l then be submitted to the council for approval. No license issued hereunder shall be transferred tb another location nor to another device. Section 4. Terms - Posting of License - Revocation. Licenses granted hereunder shall expire December 31st of the year in which issued and shall be for a term of one year. Every license shall describe with sufficient detail for identification purposes, the machihe for which it was issued and shall be attached to or posted in a conspicuous place near by the device for ~ich it was issued. License shall be summarily revoked for a violation of this provision. Section 5. Effect. The provisions of this ordinance shall be in full force and effect as to all mechanical musical devices installed after the date of the passage hereof. It,s provisions shall ~pply to all said devices in operation at the time of the adoption of this ordinance thirty (30) d~ys after the date of such adoption. Section 6. Pena~.t~. The operator of every place of business sh~l be deemed to be responsible for the operation of any mechanicsl musical device upon the premises occupied by him as a place of business. An~ person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon con- viction thereof shall be fiued in an amount not exceeding $100. or by imprisonment -3- in the City Jail for not more than 90 da~s. Each d~ of pperation of any device aforesaid without a license shall constitute a separate offense and any material misrepresentation on the application for a license hereunder shall void any license subsequently granted and subject the applicant to the penal provisions of this ordinance as of the date of granting such license° First Reading: November 25, 1947 Second reading: December 9th, 1947 Offered by: Weldon Seconded by: Trench Roll Call - All Ayes. EVA PRITCHARD Secretary of the Coun~cil H.E. SO DERHOLM MAYOR