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Home My WebLink AboutAmending Chapter 4 AmusementsORDINANCE No- 6513 -78 Passed by the Common Council of the City of South Bend, Indiana e December 11 19 78 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana -- December 12 Z9 78 City Clerk of Common Council IRENE K. GAMMON Approved and signed by me 13 , 19--2-Y- Clerk ORDINANCE NO. 10S I J'7 AN ORDINANCE AMENDING SECTIONS, 4 -1, 4-2 and 4 -3 OF CHAPTER 4, AMUSEMENTS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The intent of this Ordinance is to provide for the proper licensing and regulation of p+nball maeM:nes various amusement devices in an effective and efficient manner. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Chapter 4, Article 1, Sections 4 -1, 4 -2, and 4 -3 of the Municipal Code of the City of South Bend, Indiana, are hereby amended as follows: ARTICLE 1. AA4USEMENT DEVICES Sec. 4 -1. License Required. No person shall keep maintain or operate for hire or for the use of patrons an automatic baseball court, pool or billiard table, shuffleboard, shooting gallery, bowling or tenpin alley, trampoline, strength - testing machine, swings, merry -go- round, ferris wheel, roller coaster, �iaberll- xtaeirse;- eleet�eie- �axtes -e -skid switchback or any other device used for amusement purpose without first having obtained a license from the Controller. Sec. 4 -2. License fees. The fees for the licenses required by section 4 -1 shall be as follows: (1) Automatic baseball court: Twenty -five dollars ($25.00) per year for the first court and ten dollars ($10.00) per year for each additional court; (2) Bowling or tenpin alley: Twenty dollars ($20.00) per year for each alley. The term "alley," as used in this article shall apply to each place, whether indoors or outdoors, where a complete game of tenpins or bowls is played; (3) Merry -go- round, ferris wheel, etc.: For conducting or operating a merry -go- round, ferris wheel, roller coaster, switchback or other similar device, ten dollars ($10.00) per day, fifty dollars ($50.00) per month or one hundred dollars ($100.00) per year. (4) Pool or billiard table: Twenty dollars ($20.00) per year, per table; (5) Shooting gallery: Ten dollars ($10.00) per week, twenty dollars ($20.00) per month or fifty dollars ($50.00) per year; (6) Shuffleboard: Ten dollars ($10.00) per year, per board; (7) Strenght- testing devices: For lifting, striking, blowing, pulling machines, swing or revolving swings, or other similar devices; Two dollars($2.00) per day, ten dollars ($10.00) per week, twenty -five dollars ($25.00) per month or one hundred dollars ($100.00) per year for each device. �$ }-- Pi�tball- x�aehi�es; - eleet�enie- e�ex�es -ef- skill- e�- eti�e�- sixtila.� de�iee; - t�ae�ty- �i�e- e�ella�s- �� -88 }- gem- gaxge- table- e�- ele�iee- Sec. 4 -3. Issuance of license; contents. (a) Any person desiring a license for the devices mentioned in sections 4 -1 and 4 -2 shall pay to the Controller the license fee charged by section 4 -2. Upon the payment of the fee, the Controller shall issue a license to such applicant; provided that the Controller may, at his discretion, refuse to grant any license for the reasons stated and in accordance with the procedure established in section 1 -18 of this Code. (b) The license shall state the time, place and character of the device to be operated. �e }-- �,.�eel�ses- tee- p��be�l- xiaeh. arses -a. Biel- e�eet�enie- e�eates- e�- s3�i }} te- tire- ewrs;er- ef- sttel�- me�el��nes: fit- shall -be- tie- eltzt�* -et- the- ewr�e� e�- pirzbzcll- r�taeh�rses- te- be- ssee�- as- ;�xtssei�ierit- de��eee- €ems- h.i�e- te- e3�ta.ir>: a- ��eer:se- der- eaeh.- pirsl�rxll- x�aeh. use- a�e�- e�eet�e�ie- e�a�te- �e�- s3�� tl�e�eby- e�ist�ibtttee�- Hy -l�i�I . SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. r Memb r o the Common Council State law references: As to regulations by state marshal for places of entertainment, see (C1971, § 22- 11 -10 -1 et seq. (Burns Stat., ss 20 -1001 et seq.); as to power of Council to regulate, license, tax, restrain or prohibit theatrical and all other exhibitions, shows or entertainment, see (C 1971, s 18 -1 -4 -1 (33) (Burns' Stat., § 48 -1407 (33); as to power of Council to license; tax and regulate or prohibit all inns, taverns, hotels, restaurants or other places used or kept for public entertainment, see (C 1971, § 18 -1 -4 -1 (39) (Burns' Stat., @ 48 -1407 (39). Cross reference; Licensing of pool halls, 9 4 -26 et seq. Passed, as amended, December 11, 1978 FILED IN CLERIC'S OFFICE D;- I _, 1970 Irene Gammon CITY CLERK, SOUTH BEND, IND. CITY OF SOUTH BEND South Bend, Indiana 46601 December 11, 1978 CITY OF SOUTH BEND COMMON COUNCIL JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER Third District ROGER O. PARENT Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District MARY CHRISTINE ADAMS At Large RICHARD C. DOMBROWSKI At Large FRANK HORVATH At Large MEMORANDUM TO: Personnel & Finance Committee FROM: Mary Christine Adams, Chairman AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 In reviewing Bill No. 199 -78 which deals with the licensing procedures for pinball machines and electronic games of skill, I offer the following information: The legal opinions issued to date have questioned the high license fee, and the entire concept of what should be licensed under the ordinance. The definition of "Amusement Arcades" should be re- evaluated. Licensing establishments which operate primarily for profit from the amusement arcade devices, would be a proper area of licensing. The attached amendments would delete "pinball machines and electronic games of skill" from the licensing provisions. These areas are still regulated by zoning requirements. I further recommend that the City Attorney's office, Council Attorney, and Attorney Butler meet and report back to our committee with a bill to license "amusement arcades" by the first meeting of next year. I believe this approach to licensing would be far more equitable to all parties, and would provide a more effective and efficient procedure. fgommi# t Irvor# GO #4e Tommnu Toundt of Or city of omd# Isrud: your Committee OF THE WHOLE to whom was referred A BILL AMENDING SECTION 4 -3 OF CHAPTER 4, AMUSEMENTS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their, opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: from the title down, by substituting a new bill FRANK HORVATH Chairman FREE PRESS PUBLISHING CO. Peter H. Mullen Director, Administration and Finance CITY of SOUTH PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 October 4, 1978 Members of the Common Council South Bend Common Council County -City Building; Fourth Floor South Bend, IN 46601 Dear Council Members: 219/284 -9742 The attached ordinance would amend the Municipal Code by requiring the distributors of pinball machines to obtain the licenses required by the Code. This ordinance would increase the efficiency of the Controller's Office by streamlining the administrative procedure in issuing licenses. Your support of this ordinance is appreciated. Sincerel e e 1 City ontroller agd Attachment