City Council Agenda Cover Memorandum

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Gwen Lewis
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1 City Council Agenda Cover Memorandum Meeting ate: October 4,2010 Item Title: Set Public Hearing for November 8, 2010 at 6:30pm regarding increasing vending machine license fees effective ecember 7, Action Requested: [gj Approval For discussion Feedback requested For your information Staff Contact: Cathy oczekalski, CP& Manager Phone Number: 847/ Address: Background: Modifications are being proposed to Article 12 Chapter 5 ofthe Municipal Code regarding coin-operated machines, including increases to fees for these devices. A public hearing needs to be conducted before these increased fees can be put into place. At the September 27,2010 Committee of the Whole meeting, the Committee approved moving this item forward. The October 4, 2010 City Council agenda includes an action item for the City Council to set the public hearing for November 8, 2010 at 6:30pm in the City Hall Council Chambers. Once set, staffwill mail notice to the current license holders at least 30 days before the hearing, as required by law. The proposed increases are:.01 through 0.49: From $15.00 to $ or more From $25.00 to $50.00 (can't increase more than $25) Coin-operated amusement device From $ to $ Recommendation: Move approval to set the public hearing for November 8, 2010 at 6:30pm regarding increasing vending machine license fees effective ecember 7, Budget Implications: oes Action Require an Expenditure of Funds: Yes [gj No IfYes, Total Cost: IfYes, is this a Budgeted Item: Yes No Attachments: Proposed changes to Article 12 Chapter 5

12-5-1 EFINITIONS The following words and terms wherever they occur in this Chapter shall be construed as herein defined: COIN-OPERATE AMUSEMENT EVICE: Any amusement machine or device operated by

2 EFINITIONS The following words and terms wherever they occur in this Chapter shall be construed as herein defined: COIN-OPERATE AMUSEMENT EVICE: Any amusement machine or device operated by means of insertion of a coin, token or similar object, for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines, children's rides or musical devices. INSPECTOR: That person designated by the City staff to inspect vending machines or coin-operated amusement devices and enforce the provisions of this Chapter. MAINTAIN: The placing or exhibiting, or allowing the placing or exhibiting, or otherwise keeping a coin-operated amusement device or vending machine for the purpose of use or play. MALFUNCTION: Malfunction occurs whenever a member ofthe general public does not receive the item sought in the vending machine or does not receive the game or amusement provided by said coin-operated amusement device after depositing money in said machine or device. OPERATOR: Any person who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines or coin-operated amusement devices. PERSON: Any individual, partnership, corporation, company, firm, institution, trustee, association or any other public or private entity except a governmental institution. PROPRIETOR: Any person, firm, partnership, corporation or association that, as owner, lessee, proprietor or otherwise controls any establishment, place or premises in or at which a coin-operated amusement device or vending machine is maintained within the City. VENING MACHINE: Any self-service mechanical container or device used for the sale or dispensing of any beverage; article of food; cigarettes; candy or gum; cleaning ingredient, solution, detergent; newspapers; movies; any tangible property related to personal hygiene; children's rides; the operation of which is governed or controlled by the deposit of a coin or token. Vending machine shall also mean any contrivance or device, which, upon insertion of a coin, slug, token, plate, disc or key into any slot or other opening, produces, plays or emits songs, music or other prerecorded entertainment, movie or television entertainment LICENSE REQUIRE

3 It shall be unlawful for any operator or proprietor to maintain a coin-operated amusement device or vending machine without having first obtained the license required hereby APPLICATIONS Any person desiring to operate one or more vending machines or coin-operated amusement devices in the City shall make application in writing to the Community Preservation and evelopment Manager irector of Finance on a form provided by the City and shall specify: A. The name and address of the applicant, and if a firm, partnership, corporation or association, the principal officers thereof and their addresses. B. The address of the premises where the licensed device is to be operated, together with the character of the business as carried on at such place, and the square footage of floor space open to the general public. C. The trade name and general description of the device to be licensed, the name of the manufacturer and the serial number. The proper license fee shall accompany such application. If the license is denied, the fee shall be returned to the applicant. Such license shall be non-assignable and nontransferable, and in the case of the proprietor shall apply only to the premises for which such license is issued LIMITATION OF NUMBER OF LICENSES It shall be unlawful for any proprietor to have more than one license for a coin-operated amusement device for the first two thousand (2,000) square feet of floor space open to the general public and one additional license for one thousand (l,000) additional square feet thereafter, except that additional devices may be licensed as an accessory use to a restaurant when authorized by a special use permit issued pursuant to the Zoning Code of the City. In addition to the provisions of this Chapter, any license issued pursuant to a special use permit may be revoked for violation of any of the conditions of that permit REVOCATION OF LICENSE The City shall have the right to revoke any license issued hereunder for any malfunction, for the violation of any of the provisions of Article 5 of this Code pertaining to the sanitary vending of food and beverages TERM OF LICENSE

4 Subject to the terms and provisions ofthis Chapter, the Community Preservation and evelopment Manager irector of Finance shall cause to be issued a permit for the operation ofeach vending machine and coin-operated amusement device located within the City for a period of one license year which shall begin on January 1 and shall terminate on ecember 31 of the same year ofissuance. No license shall be issued at the yearly rate of license fees, except for the full license year; provided, however, that where such permit is issued on or after July 1, the license shall be one-half(l/2) ofthe yearly fee for the unexpired term of the license year FEE REQUIRE The required fee for each permit issued shall be collected in full at the time ofthe issuance and delivery thereof. In no event shall any rebate or refund be made of any license fee or part thereof by reason ofthe death of the permittee or by any reason of nonuse of a license or discontinuance ofthe operation of the vending machine or coinoperated amusement device AMOUNT OF FEE Yearly fees for licenses to permit the operation of vending machines and coin-operated amusement devices located within the territorial limits of the City shall be as follows: Vending machines requiring a deposit (in coins) Fee $0.01 through $0.09 $ 5.00 (f;..l..q 0.01 through 0.49 ~ or more ~ Coin-operated amusement device LICENSE TAG OR INSIGNIA The operator's permit number, of a size and style approved by the vending machine inspector, shall be conspicuously displayed on each vending machine and coin-operated amusement device operated by him. The proprietor of any vending machine shall, in a conspicuous location on the vending machine, place the following notice: "In the event of machine malfunction or unsanitary conditions, contact the Health Inspector of the City of Park Ridge." The notice shall also contain the name, address and phone number of the operator PENALTY

5 Any person, operator, proprietor or owner of any vending machine or coin-operated amusement device located within the City violating any of the terms and provisions of this Chapter shall be fined in an amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed for each day such violation is committed or permitted to continue and shall be punishable as such hereunder.

ORDINANCE NO The City Council of the City of Fort Atkinson does hereby ordain as follows:

ORDINANCE NO The City Council of the City of Fort Atkinson does hereby ordain as follows: ORDINANCE NO. 746 The City Council of the City of Fort Atkinson does hereby ordain as follows: That Chapter 22, BUSINESSES, Article III, Amusement Arcades, Secs. 22-111 through 22-161 be deleted in its