The following shall apply to all businesses defined in Chapter
620, Coin-Operated Machines, unless stated otherwise:
[Ord. No. 1038 §4, 7-21-2014]
All applications for new or renewal business licenses shall
be subject to review by the City Manager, and it is his discretion
to either issue\renew or not issue\not renew said license. In the
event the said license is not issued\not renewed by the City Manager,
said applicant shall have the right to appear before the City Council
at its next regularly scheduled meeting to appeal the City Manager's
decision on the license.
[Ord. No. 1038 §4, 7-21-2014]
The City Manager shall have the right to suspend or revoke a
business license. In the event said license is suspended or revoked
by the City Manager, said business owner shall have the right to appear
before the City Council at its next regularly scheduled meeting to
appeal the decision of the City Manager.
[CC §7.28; Ord. No.
349 §2, 12-5-1988]
Definitions of terms as used herein, unless the context otherwise
indicates, are as follows:
Any machine or device, which upon the insertion of a coin,
slug, token, plate, disc, or by payment of any price, may be operated
by the public generally by manipulating special equipment. This includes,
but is not limited to, the games of shuffle-board, pool tables, bowling
tables, and other similar games.
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 payment of any price, operates
or may be operated for the emission of songs, music or similar entertainment.
Any machine which, upon the insertion of a coin, slug, token,
plate, disc or by payment of any price, may be operated by the public
generally for use as a game, entertainment or amusement, whether or
not registering a score. It shall include, but not be limited to,
such devices as marble machines, pin-ball machines, skill ball, mechanical
grab machines, and all games, operations or transaction similar thereto
under whatever game they may indicate.
Any automatic vending machine used for the sale of any service
or merchandise, to include but not be limited to cigarettes, food,
drink, confections, newspapers, copies, and hygienic products, and
controlled by the insertion of currency, coin(s), tokens, or credit
cards.
[CC §7.29; Ord. No.
349 §2, 12-5-1988]
Nothing in this Chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future laws
of the State of Missouri.
[CC §7.30; Ord. No.
349 §2, 12-5-1988; Ord. No. 687 §1, 11-20-2000; Ord. No. 832 §9, 6-6-2005]
A.
Any
person, firm, corporation or association placing a vending machine,
juke box, or mechanical amusement device within a business located
within the St. John City limits, shall be required to obtain a license
from the City of St. John upon payment of a license fee to the City
Manager's Office. Application for such license shall be made to the
City Manager's Office upon a form to be supplied by the City Manager's
Office for that purpose. Licenses shall be required prior to the first
(1st) day of March of each year from the City of St. John upon a payment
of a license fee of fifteen dollars ($15.00) per machine.
B.
At
the City Manager's discretion, upon application and proof of tax status,
non-profit, tax exempt and charitable organizations are excluded from
the license fee requirement.
C.
Notification of No License/Delinquency. When an unlicensed
vending machine is found within a St. John business, the City Manager's
Office will give the vending machine owner a written notice of their
violation of this Chapter. The owner will then have ten (10) working
days during which to correct the situation. After such notification,
the City Manager will have the right to confiscate the machine(s)
in violation and hold it/them until all license fees, penalties and
storage fees are paid in full. Should the machine owner's name not
be obtainable, the business in which the machine is placed will be
served with the ten-day notification and will be responsible for all
license fees, penalties and storage fees due.
D.
Responsibility for Licensing Machine. It is the vending
machine owner who is responsible for licensing each of their machines
placed in a business located within the City of St. John. Should the
machine owner's name be unobtainable, then the business owner in which
the machine is placed becomes responsible for licensing the machine(s)
and is liable for any penalties and storage fees incurred.
[CC §7.31; Ord. No.
349 §2, 12-5-1988]
A.
An
application for such license shall contain the following information:
[CC §7.32; Ord. No.
349 §2, 12-5-1988]
Application for a license shall be made. The City Manager, or
his designee shall investigate wherein it is proposed to operate such
a machine, ascertain if the applicant is a person of good moral character,
and either approve or disapprove of the application.
[CC §7.33; Ord. No.
349 §2, 12-5-1988]
A.
The
license or licenses provided for herein shall be posted permanently
and conspicuously on the machine(s) for which they are purchased.
B.
Such
license may be transferred from one (1) machine or device to another
similar machine or device upon application to the City Manager's Office
to such effect and the giving of a description and the serial number
of the new machine or device. Not more than one (1) machine shall
be operated under one (1) license and the machine owner shall be required
to secure a license for each and every machine displayed or operated
within a St. John business. Should the machine owner's name be unobtainable,
the business owner in which the machine is placed will be responsible
for obtaining the required license(s).
C.
If the licensee shall move his place of business to another location within the City of St. John, the license may be transferred to such new location upon application to the City Manager, giving the street and number of the new location. The new location shall be approved by the City Manager in the same manner as provided in Section 620.030.
[1]
Editor’s Note: Former Section 620.070, Prohibition and
Restrictions, which derived from CC § 7.34; Ord. No. 349 §
2, 12-5-1988, was repealed 3-21-2016 by § 1 of Ord. No. 1083.
[CC §7.35; Ord. No.
349 §2, 12-5-1988; Ord. No. 687 §2, 11-20-2000]
A.
Any person, firm, corporation or association violating any of the provisions of this Chapter, in addition to the revocation of his or her license, shall be punishable as provided for in Section 605.200. Each offense being each day each individual unlicensed machine is placed in a business but not legally licensed by the City.
B.
Furthermore, should a machine owner fail to legally license a vending machine, juke box, mechanical amusement device, amusement table, or any other machine as denoted in this Chapter, the City may, after giving proper notification, per Section 620.030 (C) confiscate any machine(s) in violation of this Chapter and retain possession of said machine(s) until such time the license(s) fees and any penalties incurred have been paid. In addition to being liable for the license fees, and late penalties, the owner of such machine(s) will also be liable for the storage costs incurred for storing their machine.
C.
Anytime
after the expiration of three (3) months from the date of confiscation
of an illegal machine, the City may declare a forfeiture of said machine
and dispose of it in any manner provided for by law. Before such disposition,
the former owner may redeem the illegal machine by payment of the
license fee, storage charges and any fines and penalties authorized
by this Chapter and imposed by any competent court.
