As used in this chapter unless the context otherwise indicates:
means any music vending machine, contrivance or device which,
upon the insertion of a coin, slug, token, plate, disc, or key into
any slot, crevice, or other opening, or by the payment of any price,
operates or may be operated, for the emission of songs, music or similar
amusement.
mean any other machine or device not illegal or prohibited
by the terms of this chapter.
such as used herein includes the following: any person, firm,
corporation or association which owns any such machine; the person,
firm, corporation or association in whose place of business any such
machine is placed for use by the public; and the person, firm, corporation
or association having control over such machine.
means any automatic vending machine used for the sale of
cigarettes and matches; and controlled by the insertion of a coin
or coins. It does not include machines or devices used solely for
the vending service, food, or confections.
(Prior code § 4-3.01; Ord. 1410 § 1, 1967)
Each person, firm, corporation or association who displays for
public patronage or who keeps for operation any cigarette vending
machine or juke box as defined in this chapter, or in whose place
of business any such machine is placed for use by the public, shall
obtain a license from the city of Sunnyvale, and pay an annual license
fee. The annual license fee shall be due and payable in advance on
the first day of January of each year. All fees required to be paid
under the provisions of this chapter shall be fixed by resolution
of the city council. The director of the department of finance is
authorized to issue licenses required to be obtained under this chapter.
(Prior code 4-3.02; Ord.
1026 § 1, 1962; Ord. 1410 § 2, 1967)
The application for such license shall contain the following
information:
(a)
Name
and address of the applicant, age, date and place of birth;
(b)
Prior
conviction of applicant, if any;
(c)
Place
where machine or device is to be displayed or operated and the business
conducted at that place;
(d)
Description
of machine to be covered by the license, mechanical features, name
of manufacturer, serial number. No license shall be issued to any
applicant unless he shall be over twenty-one years of age, and a citizen
of the United States.
(Prior code § 4-3.03)
(a)
Application
for license shall be made out in duplicate, one copy being referred
to the chief of the department of public safety and the other copy
to the director of public works.
(b)
The
chief of the department of public safety shall investigate the location
wherein it is proposed to operate such machine, ascertain if the applicant
is a person of good moral character, and either approve or disapprove
the application.
(c)
The
director of public works shall inspect all wiring and connections
to the machine, determine if the same complies with the electrical
code of the city of Sunnyvale, and shall either approve or disapprove
the application.
(d)
No
license shall be issued to any applicant unless approved by the chief
of the department of public safety and the director of public works.
(Prior code § 4-3.04; Ord. 1026 § 3, 1962)
(a)
The
license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
(b)
Such
license may be transferred from one machine or device to another similar
machine upon application to the chief of the department of public
safety to such effect and the giving of a description and the serial
number of the new machine or device. Not more than one machine shall
be operated under one license and the applicant or licensee shall
be required to secure a license for each and every machine displayed
or operated by him.
(c)
If the licensee shall move his place of business to another location within the city of Sunnyvale, the license may be transferred to such new location upon application to the chief of the department of public safety giving the street and number of the new location. The new location shall be approved by the chief of the department of public safety and the director of public works in the same manner as provided in Section 5.24.040.
(Prior code § 4-3.06; Ord. 1026 § 3, 1962)
(a)
No person, firm, corporation or association holding a license under this chapter shall permit persons under eighteen years of age to play or operate any cigarette vending machine as defined in Section 5.24.010.
(b)
No person, firm, corporation or association holding a license under this chapter shall permit the playing of juke boxes as defined in Section 5.24.010 between the hours of twelve midnight and six a.m. of any day.
(c)
No
person, firm, corporation or association shall permit the playing
of juke boxes within six hundred feet of any church, public or parochial
school or playground.
(Prior code § 4-3.07)
Every license issued under this chapter is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly and indirectly, permit the operation of any cigarette
vending machine and juke box contrary to the provisions of this chapter,
the ordinances of the city of Sunnyvale, or the laws of the state
of California. The license may be revoked by the city council after
written notice to the licensee, specifying the ordinance or law violations
with which the licensee is charged, if after a hearing the licensee
is found to be guilty of such violations. Ten days' notice of
the hearing shall be given the licensee. At such hearing the licensee
and his or her attorney may present and submit evidence of witnesses
in his or her defense.
(Prior code § 4-3.08)
