HomeMy WebLinkAboutOrd 888-1982ORDINANCE NO. 888-82
AN ORDINANCE AMENDING SECTION 6.16.040 OF THE SOUTH SAN FRAN-
CISCO MUNICIPAL CODE AND SECTION 4.5 OF ORDINANCE NO. 720
ENTITLED "AN ORDINANCE LICENSING THE TRANSACTIONS AND CARRYING
ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND
OCCUPATIONS IN THE CITY OF SOUTH SAN FRANCISCO, FOR THE PURPOSE
OF RAISING MUNICIPAL REVENUE AND PROVIDING A PEHALTY FOR THE
VIOLATION THEREOF" AS AMENDED BY ORDINANCE NO. 751 AND ADDING
SECTION 6.16.045 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 6.16.040 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND
SECTION 4.5 OF ORDINANCE NO. 720 AMENDED.
Section 6.16.040 of the South San Francisco Municipal Code and Section
4.5 of Ordinance No. 720 are hereby amended to read as follows:
"6.16.040 Coin-Operated Machine Operator.
A. "Coin-operated machine" means a machine, device, contrivance
or apparatus which upon deposit of a coin, plate, disk, slug or key into a slot,
receptacle or other opening or for payment of a consideration permits participation
in a lawful game or offers amusement, information, music, goods or services.
B. "Distributor" means any person who, as owner, agent, employee
or otherwise, distributes, places, installs or delivers a coin-operated machine to
any premises in the city or who keeps or stores within the :city any such coin-
operated machine for the purpose of distributing, placing, installing or delivering
the same.
C. "Operator" means any person who, as owner, lessee, employee,
agent or otherwise, operates, installs, keeps, maintains, permits or allows to be
operated, installed or maintained, any coin-operated machine in or upon any premises
owned, leased, managed, operated or controlled by such person within the city."
D. "Owner" means any distributor or operator of coin
operated machines who owns the machines in question. Owner does not include
an operator who is otherwise licensed to do business in this city and who owns
and operates coin operated machines (other than 'coin operated amusement devices'
as defined in Chapter 6.44 of this Code) as an incidental activity in conjunction
with said licensed business.
E. The license tax payable by owner shall be one percent of the
gross receipts without deduction therefrom."
SECTION 2. SECTION 6.16.045 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE.
Section 6.16.045 is hereby added to the South San Francisco Municipal Code
and shall read as follows:
"6.16.045 Proof of Gross Receipts.
In order to determine the Dollar figure represented by one percent (1%) of
gross receipts of a coin-operated amusement device as defined in Chapter 6.44 of
this Code,the following procedure shall be used:
A. All amusement devices installed in businesses in South San
Francisco shall be equipped with metering devices if technically feasible. Gross
receipts for a given year shall be based upon readings of said meters, and shall be
evidenced by receipts signed by the distributor and operator each time money is
retrieved from the device. Receipts shall be compiled, tabulated and presented
to the City Finance Department each year when a license is renewed.
B. In case of operators or distributors making an initial
application for a license for coin-operated amusement devices in South San
Francisco, or in the case of an application to license amusement devices which
cannot be made to accept meters, proof of a prior year's gross receipts shall be
given. Said proof shall be in the form of either a declaration under penalty
of perjury or a report provided by a Certified Public Accountant acting as an
external auditor. Said report shall be funded by the operator or distributor
2. C~.~~,~" ~COI~DS
applying for the license and renewal.
C. In the case of an application by a distributor or operator having
no prior experience with coin-operated amusement devices, gross receipts shall be
estimated at the rate of Thirty Dollars ($30.00) for each projected day of operation.
For the purpose of this section, a day of operation shall include each day in which
the machine is physically located in the business and the business is open."
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause or phrase hereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases
be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance takes effect i~mediately as an Ordinance relating to taxes
for the usual and current expenses of the City.
SECTION 5. PUBLICATION.
This Ordinance shall be published once in the "Enterprise-Journal", a news-
paper of general circulation in the City of South San Francisco, as required by law.
Introduced this 6th day of January , 1982.
Passed and adopted as an Ordinance relating to taxes for the usual and current
expenses of the City in accordance with Government Code Section 36937 at a
regular meeting of the City Council of the City of South San Francisco this
20th day of January , 1982, by the following vote:
o
AYES:
NOES:
ABSENT:
Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Dmmonte,
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
ATTEST:
City Clerk
foregoing Ordinance this 20th day of
As Mayor of the City of South San Francisco, I do hereby approve the
January , 1982.
GgNTRAL RF-C'ORD$