Chapter 5.36
MUSIC BOXES

Sections:

5.36.010    Purpose.

5.36.020    Music box defined.

5.36.030    License required.

5.36.040    Application.

5.36.050    Issuance – Term.

5.36.060    Fees.

5.36.070    (Repealed by Ord. 1624.)

5.36.080    Operation of music boxes.

5.36.090    Revocation of license.

5.36.100    Penalty.

5.36.010 Purpose.

The provisions of this chapter shall be deemed an exercise of the police power and the power of the city to license for revenue and for regulation. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 1, 1960).

5.36.020 Music box defined.

“Music box,” as used in this chapter, means and includes a device, instrument or machine for the reproduction of music by records, tape or other means whereby the same is operated or activated by means of a coin or other token of value. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 2, 1960).

5.36.030 License required.

It is unlawful for any person, firm or corporation to place for operation, or any person, firm or corporation to operate within the city any music box, as herein defined, without first having obtained and being the holder of a valid and subsisting license in accordance with the provisions of this chapter. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 3, 1960).

5.36.040 Application.

Any person, firm or corporation desiring to place for operation or maintain, keep or operate any music box shall make written application for license so to do and file the same with the finance director. The application shall state the name of the applicant, his residence, the address and nature of business at which any music boxes shall be maintained and operated, a description and serial number of each music box, and the number of music boxes to be covered by the license. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 4, 1960).

5.36.050 Issuance – Term.

Upon approval of the application by the finance director, the finance director’s office shall compute the license fee required under the provisions of this chapter and, upon payment thereof, shall issue to the applicant a license to maintain and operate music boxes for the calendar year in which issued. The license shall be known as a “Music Box License” and shall be of two kinds: (1) a “master” license to be required of the owner of the music box(es) and (2) an “operator’s” license to be required of the owner of the business establishment in which the music box is placed.

A copy of the operator’s license shall be affixed to and conspicuously displayed upon each properly licensed music box maintained or operated within the city. No owner or operator of a properly licensed music box shall transfer said license from one music box to another, and no properly licensed music box shall be transferred from one location to another except with the consent of the finance director.

Each license shall expire January 31 and a new license shall be required for each ensuing calendar year. Any license issued under and by virtue of the provisions of this chapter shall be personal and nontransferable. Each license shall be numbered, and shall show the name of the licensee, business address and the kind of license issued. (Ord. 2546 § 2 (part), 2010: Ord. 1624 § 1, 1991: Ord. 251 § 5, 1960).

5.36.060 Fees.

The fee for the master license and the fee for the operator’s license required by this chapter shall be set by council resolution. The master license fee shall be payable in full at the time the license is issued and shall not be prorated for any part of the year. The operator’s license fee shall be payable annually in advance in accordance with the number of music boxes to be covered by the license. Music boxes placed in operation during the year will not be covered until the entire annual fee for such machine has been paid without prorating the same. (Ord. 2546 § 2 (part), 2010: Ord. 1480 § 11, 1989: Ord. 255 § 1, 1961: Ord. 251 § 6, 1960).

5.36.070 Repealed by Ord. 1624.

(Ord. 251 § 7, 1960).

5.36.080 Operation of music boxes.

No music box licensed under the provisions of this chapter shall be operated in a loud or noisy manner so as to unduly annoy or disturb the occupants of adjoining property or as to create a public disturbance or nuisance. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 8, 1960).

5.36.090 Revocation of license.

The city council shall have the right to revoke any and all licenses issued hereunder when they deem the continuance of the license or licenses injurious to the public health and wellbeing with or without notice to the licensee. In the event any license is revoked, the unearned portion of the license fee shall be forfeited to the city. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 9, 1960).

5.36.100 Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.01.110. (Ord. 2546 § 2 (part), 2010: Ord. 251 § 10, 1960).