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