Loading...
ARTICLE XIV.
VENDING MACHINES*
VENDING MACHINES*
__________
* Editors Note: Ord. No. 7885, § 1, adopted August 3, 1992, repealed ch. 19, div. 2, §§ 19-31--19-38.3, relating to vending machines, and § 4 of this ordinance amended ch. 7 by adding a new art. XIV, relating to vending machines to replace them. The sections have been renumbered at the discretion of the editor to preserve continuity of the codification.
__________
(a) It is unlawful for any distributor to distribute, lease or rent to another for operation, or to service or maintain for another any machine, or to directly or indirectly retain any legal or equitable interest in a vending machine sold by him without obtaining a distributor's license.
(b) It is unlawful for any distributor to have any vending machine in operation within the city unless the machine has been registered with the city and an identification marker or tag provided by the city placed thereon, in accordance with the provisions of this division.
(c) It is unlawful for any owner-operator to place, install, keep or operate any vending machine in the city unless the machine has been registered with the city and an identification marker or tag supplied by the city placed thereon in accordance with the provisions of this division.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 7885, § 4, 8-3-92)
Nothing in this division shall be construed to authorize, license, or permit any gambling device whatsoever, or any mechanism that has been judicially determined to be a gambling device, or is any way contrary to the laws of the state.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 7885, § 4, 8-3-92)
(a) The application for a distributor's license shall contain the following information:
(1) Name and address of the applicant, age, date and place of birth.
(2) If the applicant is a partnership, the names and addresses of all partners and their age, date and place of birth.
(3) If the applicant is a corporation, the name and address of its officers, directors, and major stockholders, major stockholders to be defined as any person owning or controlling ten (10) percent or more of the outstanding stock of the corporation, their age, date and place of birth, and if a foreign corporation, the name and address of the resident statutory agent. If the applicant is a corporation which has its stock listed on any recognized stock exchange, the applicant shall be exempted from the provisions of this paragraph requiring the names and addresses of the major stockholders.
(4) If the applicant is a nonprofit corporation, a list of directors, detailed statement of its purpose and disposition of its funds.
(5) The name of the business and its home address as well as its local address.
(6) A statement of any and all criminal convictions or pending criminal prosecutions, excepting traffic violations, of or against applicant, the manager, the distributor, all partners, directors, agents and major stockholders.
(7) A list of all vending machines owned, controlled, displayed, operated, serviced or maintained, or in which applicant has any interest, and in the city, showing type of machine, manufacturer's name, serial number, address where located, name and type of business where located, nature of interest in the machine.
(8) There shall be attached to the application sets of fingerprints of all applicants.
(9) A list of all employees of the applicant, and the addresses of the employees shall be attached to the application.
(b) Registration of machines by owner-operators shall contain the following information: name and address of owner-operator and all branch addresses; description of each machine; name of manufacturer and serial number; from whom obtained; and location if more than one (1) address.
(c) Applications and registrations shall be made on forms furnished by the city, and shall be complete as to the information requested, and shall be signed by the distributor or owner- operator, under oath or affirmation. Any false information shall be grounds for revocation of the license.
(d) It shall be unlawful to knowingly furnish any false or misleading information on any application or registration form.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 7885, § 4, 8-3-92)
(a) Upon receipt of an application for a distributor's license, the proper city officials shall investigate the applicant.
(b) No license shall be issued if any partner of a partnership or the local manager of a corporation has been convicted of any felony or any offense against the decency and morals of the community within a five-year period immediately preceding the filing of an application set forth herein.
(c) In the event an application is rejected, the applicant may appeal to the tax collector within ten (10) days following notice of rejection, whereupon a time and place for hearing shall be set no later than two (2) weeks from the receipt of the request by the applicant for a hearing. At such hearing, the applicant may be represented by counsel and produce witnesses to sustain his appeal for the right to receive a license.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 7885, § 4, 8-3-92)
(a) All machines referred to in this division, and in operation in the city, shall bear identification marks or tags prepared and furnished by the tax collector and shall be affixed to such machines so as to be visible at all times. When the identification marker or tag is assigned to and placed upon a machine, there shall be made an entry in the company books to this effect.
(b) Notice of acquisition or loss of machine locations shall be given to the city tax collector, such notice to be received by the tax collector within forty-eight (48) hours of the location change.
(c) No machine shall be in operation within the city without city-issued identification markers or tags placed thereon.
(d) All businesses referred to in this article shall maintain a set of records containing all information required by this article, and these records shall be made available at the applicant's place of business at any time during city business hours for inspection by the tax collector or his duly appointed agents.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 3193, § 1, 12-2-68; Ord. No. 7885, § 4, 8-3-92)
Loading...