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HomeMy WebLinkAboutXII (2 56) ORDINANCE RELATING TO LICENSING COIN OPERATED AMUSEMENT DEVICES ORDINANCE NO. XII WHEREAS, it appears that coin operated amusement devices are being owned and operated through Jefferson County, outside the limits of incor- porated ci tie s and towns and wi thin the same; and WHEREAS, it is necessary and proper that supervision and regulation be exercised over said amusement devices in the regulation and supervision of which it will be necessary to incur certain expenses; and ~~REAS, it is necessary to the peace and safety of Jefferson County that the same be very carefully supervised. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Jefferso n County, Washington, pursuant to the poli ce powers inherent in said Board, to protect the peace and safety of all the individuals within its jurisdiction, as follows: Section 1: From and after the 11th day of May 1956, no amusement games, including music machines, all coin operated machines, except radios and televisions, shall be operated or kept for operation in Jefferson County unless licenses for the operation thereof have been taken out as hereinafter provided, and provided. that the same shall have been licensed by the Tax Commission of the State of Washington. Section 2: Any person, firm or corporation desiring to own, maintain and operate any such coin operated amusement devices shall make written application for an Operator's license so to do, and file the same wi th the Board of County Commissioners for its approval or rejection. Upon approval of any such application by the Board and the payment of the fee th:erefor, the Board of County Commissioners shall issue to said applicant an Operator's License and shall forthwith transfer the amount of the license fee to the County Treasurer to be paid into the Current Expense Fund of the County. Section 3,":'. Li cense fees shall be payable as follows: An Operator's License shall be issued upon tne payment of the sum of $1,000.00 annually. Section 4: The Board of County Commissioners shall have the right to reject any and all applications for Operator's licenses as it sees fit. Section 5: Any person violating any of the terms of this Resolution shall, upon conviction thereof, be fined in the sum of not more than $100.00 or be punished by imprisonment in the County Jail for not more than 30 days. Section 6: If any clause, sentence, paragraph, section or part of this Resolution shall, for any reason, be adjudged or decreed to be invalid by any court of competent jurisdiction, such judgment or decree shall not affect or impair or invalidate the remainder of this Resolution, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof di rectl y involved in the controversy in which said judg- ment or decree shall have been rendered. The Board of County Commissioners hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared unconstitutional, and any ordinances and resolutions in conflict herewith and not made a part hereof, be, and the same are hereby repealed. Section 7: BE IT FURTHER RESOLVED that the provisions of the within Resolution are hereby declared necessary for the immediate preservation and peace of the people of Jefferson County and expedient for the support of the County government and its existing public institutions, in this: That there is at the present time no a dequate law regulating the 1i censing of the devices as herein provided, and that an emergency is hereby declared to exist, and the provisions of this resolution shall be in full force and effect and become final without other and further hearing thereon. Sectio!:!_!l:.. All licenses issued hereunder shall expire on the 31st day of December of each year. Passed and adopted this J I d da y 0 f May, . , 1 95 6 . SEAL . harrma~ ,. () $. d;~ ~ ~e rer"'t . ---!;~-~~ COMMISSIONERS BOARD OF ATTEST: ~ County Au i or and--------- Ex-officio Clerk of the Board of County Commissioners. CIlAS. R. LEWIS GLENN E. CORREA LAW OFFICES OF LEWIS & CORREA TELEPIlONE HA 6-6361 IELL ILDG. 121 SOUTIl FOURTIl STREET SHELTON, WASHINGTON May 5, 1956 Honorable Board of County Commissioners Jefferson County Port Townsend, Washington Gentlemen: Lee Martin, of Quilcene, Washington, has consulted this office concerning the proposed ordinance to be adopted in Jefferson County relating to the licenSing of coin operated amusement devices and the hearing thereon is ~heduled for Monday, May 7, 1956. We have reviewed this proposed ordinance relating to the licenSing of coin operated amusement devices and have determined that the ordinance may possibly be defective and unconstitutional in that it impliedly at least, sanctions gambling contrary to our Constitution and existing statutes of the State of Washington. Also, assuming that the coin operated devices are to be used eXClusively for amusement purposes and that no pay-offs of any sort whether in the form of merchandise or in money is made, that a person who owns his own maehine~ and is still required to obtain a license in the sum of .1,000.00 annuallY, would be legislative which would be confiscatory in nature and that by reason thereof would be usurping police powers which have been delega~ed to the County Commissioners. By virtue of these objections, we are requesting in behalf of our client, Lee Martin, that this proposed ordinance not be adopted and that we are requesting that this letter be placed on file in the records of your regular meeting to be held on May 7, 1956. Respectfully yours, G~ : rmf ~"----r- · . 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