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Code 1965 is hereby repealed.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
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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.
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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~
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Mayor
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Df.IE: J_~_2.~_\ ll('l~=
OFFICE OF CITY ATTORNEY
CITV or SPi::INGF!ELD
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