[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 79, Art. III, of the 1981
Revised Code]
As used in this article, the following terms shall have the
meanings indicated:
Any device or piece of mechanical or electrical equipment
which, upon the insertion of a designated piece of metallic or other
currency of the United States of America into a slot or place on such
machine, device or equipment, activates certain mechanisms resulting
in the dispensing of or making available to the person inserting such
currency into such machine, device or equipment a measure of nonalcoholic
beverage (except milk) or a container of cigarettes, one or more cigars
or a supply of other form of tobacco, or a container or measure of
candy, nuts, popcorn, chewing gum, ice cream or frozen ices.
It shall be unlawful for any person to distribute, place or
locate, or to continue to have placed, located or in the possession
of any person who is the owner, occupant, tenant, lessor, lessee or
licensee of any premises located in the Town, a coin-operated vending
machine for dispensing nonalcoholic beverages (exclusive of milk),
cigarettes, cigars or other form of tobacco, or candy, nuts, popcorn
or chewing gum, without first having obtained a distributor's
license from the Division of Licensing of the Town.
A separate application for a distributor's license for each coin-operated vending machine, as defined by § 229-30, shall be filed with the Division of Licensing of the Town, showing the name of the applicant, his post office address and answers to other data required by such application. Such application shall be on forms furnished by the Division of Licensing of the Town.
[Amended 1-13-1981 by Ord. No. MC 2622]
A.
License fees for a distributor's license are hereby fixed as
follows, which fees shall cover the license year beginning February
1.
[Amended 3-22-1983 by Ord. No. MC 2691; 11-27-1984 by Ord. No. MC 2757; 8-11-1987 by Ord. No. MC 2834; 4-11-1989 by Ord. No. MC 2884; 12-12-1995 by Ord.
No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord.
No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
(1)
The fee for a distributor's license for coin-operated machines
which require the insertion of moneys in order that the products contained
therein or a service be dispensed shall be $154 per machine per year
or any part thereof, except that in the event of a bulk vending machine,
the fee for a distributor's license shall be $15 per item vended.
For the purpose of this section, a "bulk vending machine" shall be
defined as a mechanically operated coin machine which requires the
insertion of a single coin to dispense a single item or a single service
and which is the kind usually associated with a stanchion support.[1]
(2)
The fee for a distributor's license for coin-operated vending
machines which require the insertion of less than $0.07 in order that
the products contained therein be dispensed shall be $12 per machine
per year or any part thereof.
B.
Such license fees are fixed for the purpose of raising revenue and
for regulation and control and shall be payable with the filing of
the application. If the application is rejected, the fee shall be
returned to the applicant.
The distributor's license required by this article shall
not be transferable, and it shall designate the location and number
or other form of identity of the machine licensed.
B.
If the license is not renewed or if the license is revoked prior to its expiration date, such licensee shall take all necessary proceedings to remove such coin-operated vending machine, as defined by § 229-30, from the Town within five days or, in default thereof, shall be presumed to have abandoned such machine to the Town, and by the acceptance of such license the licensee hereby agrees that under such circumstances aforesaid the Town may thereupon cause such machine to be destroyed or otherwise disposed of.
C.
The five days' period above referred to shall run from the expiration
date of the license or from 2:00 a.m. of the date following that on
which notice of revocation was sent, registered or certified mail,
to the licensee at the address stated in the application for the license.
A.
The licensee of a license granted pursuant to the provisions of §§ 229-31 to 229-37 shall cooperate at all times with the person in charge of the Division of Licensing and other officers of the Town when requested to do so in order to obtain information or knowledge which will enable them to safeguard the health, welfare, morals and safety of the residents of the Town as the same may be affected in anywise by such coin-operated vending machines covered by this article.
B.
If any such licensee shall refuse to render such cooperation, the
license issued to such licensee shall be revoked. However, before
a license can be revoked for such cause, a hearing shall be held by
the Director having jurisdiction over the Division of Licensing to
determine if the licensee has been guilty of such a charge. Written
notice of such a hearing shall be given to the licensee at least three
days prior to the date set for the hearing, addressed to the licensee
at the address stated in his application and sent registered or certified
mail, stating the time, date, place and the nature of the hearing.
C.
Also, such license shall be revoked upon proof of circumstances or
conditions which are inimical to the health, welfare, morals or safety
of the residents of the Town, but only after a hearing afforded to
the licensee as provided for in this section.
No person shall permit the location or placement or continue to have located or placed upon any premises in the Town owned, occupied, rented or leased, or to which premises such person shall have the right to possession thereof, of a coin-operated vending machine, as defined by § 229-30, for the purpose of operation and use by the public at large or by persons invited or having a right to be upon or in such premises where such coin-operated vending machine is located, unless the person who is about to place or who shall have distributed or placed such machine upon such premises shall obtain or has obtained from the Division of Licensing of the Town a distributor's license covering such machine under the provisions of this article.
No person shall permit the location or placement or continue to have located or placed upon any premises in the Town owned, occupied, rented or leased, or to which premises such person shall have the right to possession thereof, of a coin-operated vending machine, as defined by § 229-30, for the purpose of operation and use thereof by the public at large or by persons invited or having a right to be upon or in the premises where such coin-operated vending machine is located, unless such person so owning, occupying, renting, leasing or having the possession of such premises where such coin-operated vending machine is located shall have applied for and obtained a premises occupation license for such machine.
Application forms for premises occupation licenses required
by this article shall be furnished by the Division of Licensing of
the Town upon request, and each applicant for such a license shall
fully supply all information requested by such application form.
[Amended 1-13-1981 by Ord. No. MC 2622; 3-22-1983 by Ord. No. MC 2691; 11-27-1984 by Ord. No. MC 2757; 8-11-1987 by Ord. No. MC 2834; 4-11-1989 by Ord. No.
MC 2884; 12-12-1995 by Ord. No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord.
No. MC 3306; 12-29-2009 by Ord. No. MC 3413[1]]
A premises occupation license fee for each machine on the premises
referred to in this article in which the applicant has such interest
is $3 per year. Such license fee is for the purpose of both regulation
and revenue and shall be payable with the filing of the application.
If the application is rejected, the fee shall be returned to the applicant.
The premises occupation license required by this article shall
be valid for the period of one year from the first day of February
of the year in which the license is granted. Such license shall not
be transferable.
If any licensee under §§ 229-38 to 229-43 shall intend to renew his license for a year beyond that for which it was granted, such licensee shall advise the Division of Licensing, in writing, not later than 60 days prior to expiration of license. If the license is not renewed, the licensee possessing such expired license shall take all necessary proceedings to remove such coin-operated vending machine, as defined by § 229-30, from the premises aforementioned within five days.
A premises occupation license, once granted, may thereafter
be revoked after hearing, on three days' written notice to the
licensee sent to the licensee at the address stated in the application,
which hearing shall be before the Director having jurisdiction over
the Division of Licensing, but such revocation shall be based upon
grounds that a continuance of the license would be inimical to the
health, welfare, morals or safety of the residents of the Town or
upon violations of this article, or that the distributor's license
covering such machine has expired or has been revoked.
[Added 9-13-2016 by Ord.
No. MC 3582[1]]
