[Ord. No. 47 §1, 9-1-1995]
For the purposes of this Chapter the following terms shall be deemed to have the meanings indicated below:
- AMUSEMENT DEVICE
- Any amusement machine or device operated by means of the insertion of a coin, token or similar object, for the purpose of amusement or skill and for the playing of which a fee is charged, including but not limited to, any such machine or device capable of reproducing musical sounds.
- AUTOMATIC VENDING MACHINE (referred to hereafter as "machine")
- Any device originally designed and/or intended for use as a self-service machine for a consideration, including but not limited to a coin-actuated or operated vending machine.
- BEVERAGE MACHINE
- Any machine whose purpose is to dispense non-alcoholic beverages in containers sealed prior to insertion in the machine, referred to as pre-packaged, or non-alcoholic beverages prepared, mixed, cooled and/or heated within each machine prior to dispensing in unsealed containers.
- FOOD MACHINE
- Any machine whose purpose is to dispense food including candy or other confections, in containers sealed prior to insertion in the machine, referred to as pre-packaged or food including candy or other confections not so pre-packaged.
- MISCELLANEOUS VENDING DEVICE
- Any machine or device not previously described, including but not limited to, book vendors, magazine vendors and coin-operated machines which dispense a service such as washing machines or any other devices dispensing any food, candy products, entertainment (e.g. video games) or novelty with such goods (or services) being of a retail value of five cents ($.05) or more.
[Ord. No. 47 §2, 9-1-1995]
No person shall exhibit or make available for use, for a consideration, any automatic vending machine defined herein as an amusement, beverage, food, or any similar machine, in any location that does not possess and prominently display a license specifically issued to that location to which is affixed a stamp for each of every type of vending machine located on the premises. Any vending machine on the premises that exceeds the number and type of stamps displayed shall be considered unlicensed and must be removed.
[Ord. No. 47 §3, 9-1-1995]
All applications for a license shall be accompanied by the full amount of the fee payable for such license.
The payment of any license fee in advance of the issuance of the license in due form shall not entitle or authorize any person to any of the rights or privileges conferred by the issuance of any license or to the opening or maintaining of any business or establishment contrary to any of the provisions of this Chapter.
Whenever a license is not approved and the applicant has not engaged in the business or occupation for which the license was sought, the license fee paid in advance shall be refunded to the applicant.
License Duration And Fee.
Except as otherwise expressly provided, no license shall be granted for a period longer than one (1) year, and except as otherwise expressly provided, every license shall expire on June thirtieth (30th) following the date of issuance. No license shall be issued for any period of time less than a year or for a sum less than the full annual license fee, except as otherwise expressly provided.
Except as otherwise expressly provided, the fee specified for each annual license, when required for a full calendar year, shall apply only when such fee is paid to such official on or before July thirty-first (31st) of such calendar year. Payment of the annual license fee on or after August first (1st) of such calendar year is delinquent, except for a new business. The applicable annual license fee and penalty shall be payable as follows:
Fees for New Businesses.
Except as otherwise expressly provided, the applicant for a license for an initial license or for a new place of business or to engage in a new occupation shall be required to pay the full annual license fee specified where the fee is fifty dollars ($50.00) or more per annum, if at the time of the application for a license less than three (3) months of the current license year have expired. If three (3) months or more but less than six (6) months have expired, the applicant shall be required to pay three-fourths (¾) of the annual license fee. If six (6) months or more but less than nine (9) months have expired, the applicant shall be required to pay one-half (½) of the annual license fee. If nine (9) months or more have expired, the applicant shall be required to pay one-fourth (¼) of the annual license fee. No license shall be issued for less than one-fourth (¼) of the annual fee.
If the annual license fee is less than fifty dollars ($50.00), the license fee shall be the full amount.
In no event shall any rebate or refund be made of any license fee or part thereof by reason of the death of the licensee or by reason of non-use of such license, or by reason of a change of location or occupation of such licensee, provided however, that the provisions of this Section shall not be construed to prevent the refund of a license fee or a portion thereof, where the license fee was collected through an error.
The Finance Department shall issue, for each vending machine licensed, a stamp or sticker that shall be non-transferable and shall be displayed as required by regulation of the Department of Finance. The annual license required by this Chapter shall be twenty-five dollars ($25.00) for each vending machine or device operated within the City.
[Ord. No. 47 §4, 9-1-1995; Ord. No. 1607 §1, 3-23-2009]
Whoever violates or fails to comply with any of the provisions of this Chapter shall be fined and imprisoned as set out in Section 100.140 of this Code.