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HomeMy WebLinkAboutOrdinance 5747 06/20/1994 ORDINANCE NO. 5747 (GENERAL) . AN ORDINANCE REPEALING AN ORDINANCE ALLOWING SOCIAL GAMES WITHIN THE CITY OF SPRINGFIELD, ADDING SECTION 5-13-5 OF THE SPRINGFIELD CODE 1965, AND AMENDING SECTIONS 8-6-6, 8-6-7 AND 8-6-8 OF THE SPRINGFIELD CODE 1965, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD, OREGON, DOES ORDAIN AS FOLLOWS: section 1: sections 5-16-1 through 5-16-16 of the Springfield Code 1965 is hereby repealed. section 2: There is hereby added to Chapter 5 of the Springfield Code 1965 a new section as follows: "5-13-5 Social Games. Social games as defined in ORS 167.117 are prohibited within the corporate limits of the City of Springfield except social games between players in private homes or social games conducted by charitable, fraternal, religious or nonprofit organizations where no house player, house bank or house odds exist and there is no house income. . (1) Nonprofit Orqanization Defined. For the purpose of this section, nonprofit organization means any person organized and existing for charitable, benevolent, eleemosynary, humane, philanthropic, educational, civic or other nonprofit purposes. The fact that an organization does not qualify for charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a nonprofit organization." section 3: section 8-6-6 of the Springfield Code 1965 is hereby amended as follows: "8-6-6 Bowling Allevs: Pool Rooms: Billiard Rooms: Card Rooms: Other Establishments Operatinq Such Games--Licenses. . (1) Bowling alleys, pool rooms, and billiard rooms, as referred to herein shall mean and include all establishments whose principal business is the keeping, maintenance, furnishing facilities for, operation of or permission to operate, or the playing for a fee or any valuable consideration on the premises under its control of any bowling alley, pool playing or billiard playing. (2) It shall be unlawful for any person to operate or maintain a bowling alley, pool room, billiards room, without first obtaining a license therefore in the manner Page 1 . . . provided in this article. (3) Notwithstanding that the operation and maintenance of the games referred to in this section is not the principal business of any person or establishment, any person or establishment furnishing or permitting the playing of such games upon the premises for a fee shall obtain a license for the individual respective games in accordance with section 8-6-8." section 4: section 8-6-7 of the Springfield Code 1965 is hereby amended to read as follows: "8-6-7 Licenses--Applications; Issuance. (1) Any person desiring a license for the operation of any billiard room, pool room or bowling alley shall make applications therefore to the city recorder, and upon payment of the annual fee mentioned in the following section, and approval of the application by the Council, such license shall be issued. (2) The licenses for the operation of games by any establishment provided in section 8-6-6(3) shall require payment of the fees provided in 8-6-8, but the same shall not require council approval." section 5: section 8-6-8 of the springfield Code 1965 is hereby amended to read as follows: "8-6-8 Bowlinq Allev; Pool Rooms; Billiard Rooms; Card Rooms--Licenses Fees. The license fee for the respective games enumerated in section 8-6-6 of this code, and to operate a billiard room, pool room, card room, or bowling alley, shall be as follows: Bowling alleys $ 6.00 per alley per year. Pool and Billiard Tables 30.00 a year 25.00 first table 20.00 second table 15.00 third table 10.00 fourth table 5.00 each additional table all per table, per year All licenses levied hereunder shall be for fiscal years ending June 30th and all of the above fees shall be paid in full at the time of licensing. There shall be no prorating of the license fees, save and except at the time original licenses are granted. Page 2 . . . section 6: It is hereby found and determined that matters pertaining to social games within the City of Springfield are matters affecting the welfare of the City of Springfield and that an emergency is therefore found and declared to exist. section 7: This ordinance shall take effect on the 1st day of July, 1994. Adopted by the Common Council of the City of springfield, this 20th day of June , 1994, by a vote of 6 for and 0 against. this Approved by the Mayor 20th day of June o~ i~~4~springfi~ ~ ?/ILn Mayor r.r:v~ [;\vc:u ill APPROV:::~) ~~=~ ~ Df.IE: J_~_2.~_\ ll('l~= OFFICE OF CITY ATTORNEY CITV or SPi::INGF!ELD Page 3