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TITLE 3 BUSINESS REGULATIONS

CHAPTER 3 BUSINESS REGULATIONS

SECTION 3-3-4 COIN-OPERATED AMUSEMENT DEVICES

   
  (A)          LICENSE REQUIRED: It shall be lawful for any person, partnership, corporation or association within the City of Menan, Jefferson County, Idaho to operate within the said City of Menan, Jefferson County, Idaho coin-operated amusement devices as defined by Chapter 151, Idaho Sessions Laws, 1947, providing a license is first obtained from the City of Menan as provided in this section, and providing the rules and regulations and provisions concerning the licensing and operation of the same as provided in this section and Chapter 151, Idaho Sessions Laws, 1947 are complied with.
   
  (B)            APPLICATION FOR LICENSE: Before any such coin-operated amusement devices may be operated with the City of Menan an application for a license for each such device, or devices shall be filed with the City Clerk of the City of Menan on an application form provided by the City therefor. 
   
  (C)          CONTENTS OF APPLICATION: Said application form shall provide, among other things, the following information:
  (1)   The name of the applicant;
  (2)   Whether such applicant is an individual person, a partnership, a corporation, or an association; 
  (3)   The name and location of the place where it is proposed such coin operated devices are to be operated; and 
  (4)   The number of such device and the make, serial number, type and coin denomination of each such license or device desired to be operated by the applicant at such location. 
   
  (D)          FILING OF APPLICATION: Such application shall be filed and verified by the applicant before the City Clerk, or if the application is made by a partnership, then by one of the partners, of if by a corporation, then by an officer of such corporation, or if by an association, then by an officer of such association. Such application shall be accompanied by documentary evidence that the applicant is the owner of each of such coin-operated amusement devices which it is sought to be licensed.
   
  (E)           BOARD OF TRUSTEES APPROVAL: Such application must be filed with the City Clerk at least the day before the Board of Trustees meet to consider said application. The approval or disapproval of the application shall rest with the Board of Trustees. Upon the approval of the application by the Board of Trustees the City Clerk shall thereupon collect the license fee and upon the payment thereof shall issue the license stamp hereinafter provided for; the City Clerk shall not receive the license fees until after the application has been submitted to the Board of Trustees and has been approved by said Board of Trustees.
              No coin-operated device shall be operated until the application has been approved, the license fee paid, and the license stamp has been placed thereon and cancelled as provided by law.
   
  (F)           LICENSE FEE: The license fee required for the obtaining of the license stamp for the operation of said coin-operated device shall be the sum of Five Hundred Dollars ($500.00) for a device with one insert for coins and the sum of Five Hundred ($500.00) Dollars for each additional insert for coins on each device for each calendar year, which license fee shall be pro-rated as of the actual month of issue for the remainder of the license calendar year. The license fee shall include the pro-rated share of the license for the entire month in which the same is issued. Of the license fee so collected One Hundred Twenty-five ($125.00) Dollars, or the pro-rata portion thereof, if issued for less than a full calendar year, shall be collected for the State of Idaho, and One Hundred Twenty-five ($125.00) Dollars thereof, or the pro-rata portion thereof, if issued for less than a full calendar year, shall be collected for Jefferson County, Idaho, and the balance of the said license fee shall be deposited in the general fund of the City of Menan; provided further that the monies so collected for the State of Idaho, and the County of Jefferson, State of Idaho, shall be deposited in and kept in a special trust fund and remitted to the State Treasurer of the State of Idaho and the Treasurer of Jefferson County, State of  Idaho, respectively, quarterly on the 1st day of July, the 1st day of October, the 1st day of January, and the 1st day of April of each year.
   
  (G)          FORM AND PLACEMENT OF LICENSE: The license shall be the form of a stamp and a separate license must be issued for each coin-operated amusement device. The licensee immediately upon issuance shall affix the stamp to the coin-operated amusement device in a conspicuous place, and cancel the same by cutting it criss-cross with a sharp instrument.
   
  (H)           LICENSE TRANSFERS: 
  (1)   No licensee shall transfer to any other person such license or licenses so issued, nor shall any licensee transfer the license device to any other location other than the one designated on the original application, and the one for which the license was originally authorized therefore, without first making application to the Board of Trustees for such transfer by submitting application to the City Clerk at least the day before the meeting of the Board of Trustees, and obtaining the approval of the Board of Trustees for such transfer.
  (2)   The Board of Trustees may authorize the transfer of such a license from one person to another, or from one location to another, but any such transfer so authorized by the Board or Trustees shall not be authorized until a transfer fee of Ten ($10.00) Dollars for each such license transferred shall be collected by the City Clerk, for such transfer, and preceding such transfer after the authorization by the Board of Trustees.
   
  (I)            REVOCATION OF LICENSE: If any licensee of a coin-operated amusement device violates any of  the provisions of this section, or is convicted of violating any of the provisions of chapter 151, Idaho Sessions Laws, 194, the Board of Trustees are hereby authorized and empowered to revoke all licenses to operate such devices issued to said licensee; provided however, that before revoking such licenses for the violation of either the provisions of this section or the aforesaid Chapter 151, Idaho Sessions Laws, 1947, the Board of Trustees shall cause a notice in writing to be served upon such licensee, setting forth the violation, or violations claiming to exist, or to have existed, which notice shall provide a time for a hearing before the Board of Trustees, which date of hearing shall not be less than Ten (10) days, nor more than twenty (20) days from the date of the service of said notice upon the said licensee. Upon or following said hearing the Board of Trustees upon finding that the provisions of this section, or the provisions of Chapter 151, Idaho Sessions Laws, 1947, have been violated by such licensee shall thereupon revoke all such licenses issued to such licensee and no refund of any unused portion of the license fee shall be made to the said licensee.
   
  (J)            VIOLATIONS AND PENALTIES: Any violation of the provisions of this section, the penalty for which is not provided for by said Chapter 151, Idaho Sessions Laws, 1947, shall constitute a misdemeanor which shall be punished in the same manner as provided for in Chapter 151, Idaho Sessions Laws, 1947, to wit: By a fine of not less than Two Hundred ($200.00) Dollars, nor more than One Thousand ($1,000.00) Dollars, or by  imprisonment in the County Jail for not less than two (2) months, nor more than Twelve (12) months, or by both such fine and imprisonment. No person so convicted shall thereafter be eligible to receive a license for any coin-operated amusement device in the City of Menan.