Chapter 5.28


5.28.010    Definition.

5.28.020    License – Required.

5.28.030    License – Application.

5.28.040    License – Fees.

5.28.050    License – Issuance.

5.28.060    License – Term.

5.28.070    License – Nontransferable.

5.28.080    License – Refusal, cancellation or revocation.

5.28.090    Violation – Penalty.

5.28.010 Definition.

A “jukebox,” as defined in this section, shall be any electronic or mechanical device or machine of any kind, nature or description in which the operation is dependent upon the insertion of a United States coin, whether automatically or otherwise, which results in the playing of music of any type. (Ord. 79-40 § 2, 1979)

5.28.020 License – Required.

It is unlawful for any person, firm or corporation to operate within the city, any coin-operated music box, commonly known as a jukebox, without first obtaining a license therefor in accordance with the provisions of this chapter. This license is in addition to any business license that may be required under Chapter 5.04 BIMC. (Ord. 2018-21 § 5, 2018: Ord. 79-40 § 1, 1979)

5.28.030 License – Application.

Any person, firm, or corporation desiring to maintain, keep or operate any such jukebox shall make written application for license to do so and file the same with the city clerk. Such application shall state the name of the applicant and address and place of business at which any of said jukeboxes are applied for and the total number of each device desired to be covered by the license. (Ord. 79-40 § 3, 1979)

5.28.040 License – Fees.

Each license shall be issued for a period of one calendar year. The calendar year license fee for each license shall be an amount as established by resolution of the city council. In addition there shall be issued a license for each particular machine used by the licensee and the fee for each individual machine shall be an amount as established by resolution of the city council per machine. The license fee shall be payable prior to January 31st for the year required or prior to commencement of business in the city. For any license procured after the applicable date required in this section, there is assessed and shall be collected by the city clerk, in addition to the required annual license fee, a penalty as established by resolution of the city council on the annual license fee for each month or part of a month accruing between the time such license is procured and the time when the same should have been procured under the terms of this chapter. (Ord. 88-16 § 12, 1988: Ord. 79-40 § 4, 1979)

5.28.050 License – Issuance.

Upon approval of the application and payment of the fee as provided in Section 5.28.040, the city clerk shall issue to the applicant a license to operate said machines or devices for which license has been applied. (Ord. 79-40 § 5, 1979)

5.28.060 License – Term.

All licenses issued under Section 5.28.050 shall expire on the last day of each calendar year. The fees for the licenses shall not be prorated for a partial year but the full fees provided by Section 5.28.040 shall be payable regardless of the date of application. (Ord. 79-40 § 6, 1979)

5.28.070 License – Nontransferable.

The license issued under this chapter shall be personal and nontransferable, and shall at all times be conspicuously posted in the place of business for which it is issued. Where a location of business of the taxpayer is changed, the taxpayer shall return the license to the city clerk and a new license shall be issued for the new location of business without charge for the taxpayer. No person to whom a license has been issued pursuant to this chapter shall permit or allow any other person to operate any business or display his/her license, nor shall such other person operate under or display such license. (Ord. 79-40 § 7, 1979)

5.28.080 License – Refusal, cancellation or revocation.

The city clerk may refuse to issue a jukebox license, or may cancel or revoke such license after it has been issued, if it is learned that the same was procured by fraud or false representation of facts, or that the applicant or permittee has failed to comply with the provisions and requirements of this chapter, or has violated any provisions of this chapter, or for any other reason which, in the opinion of the chief of police, will be detrimental to the public peace, health or welfare. Any person may appeal the refusal to issue, or cancellation or revocation of a jukebox license under the appeal procedures in the hearing procedure ordinance. (Ord. 79-40 § 8, 1979)

5.28.090 Violation – Penalty.

Any person, firm or corporation violating any of the terms or provisions of this chapter shall, upon conviction thereof, lose their license and be fined $500.00, or be punished by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 79-40 § 9, 1979)