Label
Toledo Municipal Code Part 7
Revisions
Councilman Driscoll
Title
Amending Toledo Municipal Code Part Seven, by repealing in their entirety, Chapters, 703. Auctions and Auctioneers, which includes subsections 703.01, 703.02, 703.03, 703.04, 703.05, 703.06, 703.07, 703.08 and 703.99; 705. Automobile and Trailer Rental Agencies, which includes subsections 705.01, 705.02, 705.03, 705.04, 705.05, 705.06, 705.07, 705.08, 705.09 and 705.99; 707. Ambulances, which includes subsections 707.01, 707.02, 707.03, 707.04, 707.05, 707.06, 707.07, and 707.08; 709. Carnivals and Shows, which includes subsections 709.01, 709.02, 709.03, 709.04, 709.05, 709.06, 709.07, 709.08, 709.09 and 709.99; 711. Christmas Tree Sales, which includes subsections 711.01, 711.02, 711.03 and 711.99; 713. Coin Operated Dry Cleaning and Laundry Facilities, which includes subsections 713.01, 713.02, 713.03, 713.04, 713.05 and 713.99; 725. Dancing Academies and Schools, which includes subsections 725.01, 725.02, 725.03, 725.04, 725.05, 725.06, 725.07, 725.08, 725.09, 725.10, 725.99; 729. Distress Merchandise Sales, which includes subsections 729.01, 729.02, 729.03, 729.04, 729.05, 729.06, 729.07, 729.08, 729.09, 729.99; 731. Interurban Buses, which includes subsections 731.01, 731.02, 731.03, 731.04, 731.05, 731.06, 731.07, 731.08, 731.09, 731.99; 737. Coin Amusement Devices and Amusement Centers, which includes subsections 737.01, 737.02, 737.03, 737.04, 737.05, 737.06, 737.07, 737.08, 737.09, 737.10, 737.11, 737.12, 737.13, 737.14, 737.15, 737.16, 737.17, 737.18, 737.19, 737.20, 737.21, 737.22, 737.23, 737.24, 737.25, 737.26, 737.27 and 737.99; 739. Mechanical Musical Instruments, which includes subsections 739.01, 739.02, 739.03, 739.04, 739.05, 739.06, 739.07, 739.08 and 739.99; 747. Predictors, which includes subsections 747.01, 747.02, 747.03, 747.04, 747.05, 747.06, 747.07, 747.08 and 747.99; 749. Pool / Bowling Hall, which includes subsections 749.01, 749.02, 749.03, 749.04, 749.05, 749.06, 749.07, (except 749.08 previously repealed), 749.09, 749.10 and 749.99; 755. Soft Drink Sales, which includes subsections 755.01, 755.02, 755.03, 755.04, 755.05, 755.06, 755.07, 755.08, 755.09, 755.10, 755.11, 755.12, 755.13 and 755.99; and 761. Telephone Booths, which includes subsections 761.01, 761.02, 761.03, 761.04, 761.05, 761.06, 761.07 and 761.99; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
WHEREAS, any code of laws with time has provisions that do not meet the test of time for various reasons, including obsolete applicability to contemporary society or no longer meeting the needs of the modern cultural climate and should be reviewed and modernized from time-to-time, and
WHEREAS, after a review of Part Seven of the Toledo Municipal Code (TMC) entitled Business Regulation Code, and in consultation with the City of Toledo’s Department of Law, Department of Finance, and the Toledo Police Department, this legislation repeals, in their entirety, Chapters, 703. Auctions and Auctioneers; 705. Automobile and Trailer Rental Agencies; 707. Ambulances; 709. Carnivals and Shows; 711. Christmas Tree Sales; 713. Coin Operated Dry Cleaning and Laundry Facilities; 725. Dancing Academies and Schools; 729. Distress Merchandise Sales; 731. Interurban Buses; 737. Coin Amusement Devices and Amusement Centers; 739. Mechanical Musical Instruments; 747. Predictors; and 749. Pool / Bowling Hall; 755. Soft Drink Sales; 761. Telephone Booths of Part Seven of the TMC.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Part 7, Chapter 703, which read as follows;
703.01. Definitions.
As used in this Chapter:
(a) "Auctioneer" includes any person, partnership, association or corporation, foreign or domestic, who for another and for a fee, commission or other valuable consideration, or who with the intention or in the expectation or upon the promise of receiving or collecting a fee, commission or other valuable consideration, or for another without receiving or collecting or without the intention, expectation or promise of receiving or collecting a fee, commission or other valuable consideration by the means of a sale at auction offers, negotiates or attempts to negotiate, a listing contract, sale or exchange of goods, chattels, real or personal property, or any other commodity which may lawfully be kept or offered for sale at public auction.
(b) "Street" includes all streets, alleys, avenues, boulevards, lanes, courts, roads, park roads and sidewalks in the City.
(c) "Public places" includes all parks, public grounds, public lands, public buildings or structures, or any building, structure or land used by any political subdivision for public purposes, within the corporate limits of the City.
703.02. License required; fee.
No auctioneer shall engage in such business without first obtaining a license for such purpose, and making payment of a license fee of seventy-five dollars ($75.00) per year. The application for such license and the granting thereof shall be subject to the provisions contained in this chapter and such other rules and regulations as may lawfully be promulgated by the Director of Finance. This provision shall not apply to:
(a) Sales at auction conducted by or under the direction of any public authority, sales required by law to be at auction or sales pursuant to a judicial order or decree.
(b) The owner of any real or personal property desiring to sell such property at auction, provided that such property was not acquired for the purpose of resale.
(c) Sales conducted by charitable and/or nonprofit organizations.
703.03. Licensing qualifications.
The Director of Finance, as provided in Chapter 701, shall grant auctioneers' licenses to those persons deemed qualified therefor, and shall collect the license fee.
Licenses shall be issued on an annual basis and shall expire on the first day of April immediately following the date of issuance. The annual license fee shall not be prorated for any period less than one year and separate licenses shall be issued for each place of business within the City.
Every applicant for an auctioneer's license shall furnish to the Director of Finance on forms provided by him, satisfactory proof of the following requirements:
(a) Ohio auctioneering license laws have been met or waived.
(b) Filing of a bond satisfactory to the Director of Finance in the amount of one thousand dollars ($1,000) to indemnify purchasers at public auctions conducted in the City.
(c) Such other information as may be required by the Director of Finance.
703.04. Conduct of sales by auction.
(a) No auctioneer shall conduct a sale of goods at auction on any street or other public place in the City, without the prior approval in writing of the Director of Finance.
(b) It shall be the duty of all auctioneers to personally see that all weights and measures by which the goods are sold comply with all applicable local and State and federal laws, to comply with all laws relating to the collection of applicable sales taxes; to ensure that no misrepresentation or fraud concerning the goods sold be perpetrated upon the purchasers thereof, and to comply with all other federal, State or local laws and regulations.
703.05. Warranties.
All auctioneers shall be deemed to have made express warranties with respect to the character, quality, kind and description of the goods sold.
703.06. False bidding.
No person shall cause, permit or act as a by-bidder or what is commonly known as a capper or booster at any such auction or place, or shall offer or make any false bid or offer any false bid to buy or pretend to buy any such article sold or offered for sale at any such auction sales.
703.07. Business hours.
No auctioneer shall conduct a sale at auction other than between the hours of 8:00 a.m. and 10:00 p.m., without the prior approval in writing of the Director of Finance.
703.08. Duties of Director.
(a) If, after considering an application and upon such further investigation as he may make, the Director of Finance is satisfied that same will be beneficial to the people of the City, will not be an undue or unwarranted burden and will not interfere with or hinder or prevent the lawful activity of any other persons, he shall approve the same, otherwise, he shall notify the applicant personally or by mail that his application has been refused approval.
(b) The license of any auctioneer shall be automatically revoked by the Director of Finance when such person no longer has a valid Ohio license. The Director may suspend or revoke the license of any auctioneer for any of the causes for suspension or revocation contained in Ohio R.C. 4707.15, or for any violation of any provisions of this chapter.
703.99. Penalty.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree.
Is hereby repealed.
SECTION 2. That Toledo Municipal Code, Part 7, Chapter 705, which read as follows;
705.01. License required.
No person, firm or corporation shall engage in the business of renting automobiles to the citizens of the City without first having procured a license to do so from the Director of Finance.
705.02. License fee.
Licenses to engage in the business of renting automobiles to the public shall be issued by the Director of Finance upon application therefor and the fee for each person, firm or corporation engaged in such business shall be two hundred dollars ($200.00) per year. Any license fee indicated by this section shall be in addition to the fee required under the laws of the State on all motor vehicles. The license year shall begin April 1.
705.03. Liability insurance required.
Each person, firm or corporation engaged in the business of renting automobiles to the public, shall carry liability insurance on each automobile so rented to the extent of one thousand dollars ($1,000) property damage; five thousand dollars ($5,000) for injury to one person in any one accident; and ten thousand dollars ($10,000) for injury to two or more persons in any one accident. Such liability insurance shall be approved and filed with the Director of Finance before any license hereunder is issued by him.
705.04. Police inspection of vehicles.
The Police Division shall, whenever it deems proper, inspect the automobiles of all persons engaged in the renting of such vehicles to the public to determine whether or not they are properly equipped, kept in a sanitary condition and as to their fitness for use on the streets of the City. When found to be unfit after such inspection, the use of such cars shall be immediately discontinued.
705.05. Automobile trailer rentals.
No person firm or corporation shall engage in the business of renting automobile trailers in the City to the public without first having procured a license to do so from the Director of Finance.
705.06. License fee.
Licenses to engage in the business of renting automobile trailers to the public shall be issued by the Director of Finance upon application therefor, and the fee for each person, firm or corporation engaged in such business shall be one hundred twenty dollars ($120.00) per year per each location. The license year shall begin April 1.
705.07. Definition.
The word "trailer" as used herein includes all trailers except house trailers, camping trailers, tourists trailers, tractor trailers and such truck trailers as are licensed by the Public Utilities Commission of Ohio, the Interstate Commerce Commission or similar regulatory body of Ohio or any other state.
705.08. Liability insurance required.
Each person, firm or corporation engaged in the business of renting trailers as defined herein, shall carry liability insurance on each trailer so rented to the extent of five thousand dollars ($5,000) in property damage; twenty-five thousand dollars ($25,000) for injury to one person in any one accident; and fifty thousand dollars ($50,000) for injury to two or more persons in any one accident. Such liability insurance shall be approved by and filed with the Director of Finance before any license hereunder is issued by him. Such policy shall provide that the insurance carrier shall pay, not later than thirty days after any judgment is recovered against the owner or lessor of such trailer for damage to property or personal injuries sustained or wrongful death caused by the negligence of the owner or lessor of such trailer. Such policy shall provide coverage to the licensee,
705.09. Safe equipment.
Before a license shall be issued to any applicant hereunder he shall certify to the Director of Finance that his equipment is of a good quality and in a safe and operational condition and complies with any and all safety requirements of the State of Ohio or the City.
705.99. Penalty.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree.
Is hereby repealed.
SECTION 3. That Toledo Municipal Code, Part 7, Chapter 707, which read as follows;
707.01. Title; scope.
(a) This chapter shall be known and cited as the Toledo Ambulance Code.
(b) This chapter regulates businesses engaged in the transportation of patients, for a fee, in or about the City of Toledo.
707.02. Definitions.
(a) "Ambulance" means any privately owned or leased motor vehicle used to transport patients, for a fee, within and about the City of Toledo. "Ambulance" does not include, however, a vehicle used solely for the transportation of non-stretcher bound or handicapped people, whether ambulatory or confined to a wheelchair, or used solely for transporting patients from one hospital to another.
(b) "Attendant" means an individual who operates an ambulance and/or provides care to a patient in an ambulance.
(c) "Health Officer" means the Director of the Department of Health and Environment or other official designated by him/her to act on his/her behalf.
(d) "License Officer" means the Director of Fire and Rescue Operations or other official designated by him/her to act on his/her behalf.
(e) "Patient" means an individual who, as a result of illness or injury, needs medical attention, whose physical or mental condition is such that he or she is in imminent danger of loss of life or significant health impairment, or who may be otherwise incapacitated or helpless as a result of a physical or mental condition.
707.03. Board of Review; members; meetings.
(a) The Ambulance Board of Review, created herein, is vested with the duty to review the rulings of the License Officer appealed pursuant to the provisions of this chapter.
(b) The Ambulance Board of Review shall be comprised of three members; i.e., the Director of Health, the Director of Public Service and the Director of Safety, or their respective designated representatives.
(c) The Ambulance Board of Review shall meet as necessary to hear appeals brought pursuant to the provisions of this chapter, and at least once per year, among other matters, shall assess the service provided by the ambulance companies within the City.
707.04. Certificate required; exceptions.
(a) No person or entity shall operate, maintain, advertise or otherwise be engaged in the business or service of transporting patients, for a fee, upon the streets or rights of way of the City unless the person or entity holds a current and valid certificate issued pursuant to this chapter.
(b) This chapter does not apply to a business or service:
(1) Using a motor vehicle solely to transport a hospitalized patient from one hospital to another hospital;
(2) Rendering assistance to an ambulance company, certified pursuant to this chapter, in the case of a major catastrophe or emergency in which the City of Toledo's certified ambulances are insufficient or unable to cope; or
(3) Operated from a location or headquarters outside the City of Toledo and which transports patients picked up beyond the jurisdictional limits of the City of Toledo to locations within the City, but no such outside ambulances shall be used to pick up patients within the City of Toledo unless such business is certified pursuant to this chapter.
(c) No certificate, pursuant to this chapter, shall be required of an agency of the United States, the State of Ohio, the County of Lucas or the City of Toledo.
707.05. Requisites for issuance; revocation of certificate; exceptions.
(a) A certificate, pursuant to this chapter, shall be issued to any person or entity licensed by the State of Ohio pursuant to Ohio Revised Code 4766, but only upon:
(1) Receipt and approval by the License Officer of a completed and notarized application for certification;
(2) Payment of the one hundred dollar ($100.00), non-refundable certification application fee; and a fee of one hundred dollars ($100.00) for each ambulance; and
(3) Execution by the business/service of the consent form authorizing scheduled and random inspections by the License Officer of any aspect of the business/service (e.g., premises, driver-attendant certification, ambulances, etc.) requesting certification pursuant to this chapter.
(b) A certificate, issued pursuant to this chapter, shall be revoked by the License Officer for failure to comply with the regulations enacted by the Ohio Medical Transportation Board, Ohio Revised Code 4766, or the Lucas County EMS protocols. Revocation shall also occur whenever the License Officer has evidence to show that the safety or health of the community is impacted or threatened by the business/service certified hereto.
707.06. Renewal.
A certificate issued pursuant to this chapter shall expire on April 1st and may be renewed by the License Officer, but only if:
(a) The business/service requesting renewal completes and submits the certificate renewal application to the License Officer at least ten (10) days, but no more than thirty (30) days, prior to the expiration date of the certificate;
(b) The business/service evidences that it is licensed and in good standing with the Ohio Medical Transportation Board;
(c) The business/service remits the fifty dollar ($50.00) renewal fee; and a fee of fifty dollars ($50.00) for each ambulance; and
(d) The business/service re-executes the consent form authorizing scheduled and random inspections by the License Officer of any aspect of the business/service requesting renewal pursuant to this chapter.
(e) Any business/service claiming exemption under Ohio Revised Code 4766.10 entitling them to a 50% reduction in state licensing fees shall make payment to the City of Toledo equal to the number of vehicles as reported to the Ohio Medical Transportation Board.
707.07. Certification application.
(a) The application for certification, pursuant to this chapter, shall be obtained from and provided by the License Officer.
(b) The application for certification shall include for its completion, among other things, verification and documentation that the business/service, the vehicles it uses for transporting patients, and its drivers and attendants, are licensed by the State of Ohio Ambulance Licensing Board and Ohio Revised Code 4766.
707.08. Appeal.
(a) Any person or entity denied certification by the License Officer, or whose certification is revoked pursuant to this chapter, may appeal to the Ambulance Review Board, within ten (10) business days of receipt of the denial.
(b) The Ambulance Review Board shall hear the appeal within thirty (30) calendar days of the request for appeal.
(c) The Ambulance Review Board shall uphold or overturn the decision of the License Officer solely on the evidence presented at the appeal hearing and render its decision no more than ten (10) days after hearing the appeal.
Is hereby repealed.
SECTION 4. That Toledo Municipal Code, Part 7, Chapter 709, which read as follows;
709.01. Entertainments classified.
All theatricals, shows and amusements, field games and public exhibitions of every kind intended to amuse, instruct or entertain and to which the public is required to pay a fee, are hereby divided into the classes hereinafter set forth, and the theatre, opera house, auditorium, hall, park, grounds, tent or other enclosure, or place where it is intended to produce, offer or present such entertainment is hereinafter referred to by the general term "place"; all exhibitions and performances are hereinafter designated as "entertainments."
(a) First Class: All entertainments of a theatrical, dramatic, operatic, vaudeville or spectacular character and all entertainments by moving pictures, except those provided for in subsection (o) hereof.
(b) Second Class: All circuses and wild west shows.
(c) Third Class: All carnivals and street shows.
(d) Fourth Class: All auto shows, industrial, food, animal and stock shows and exhibitions of a similar character.
(e) Fifth Class: All side shows or other similar entertainments given under a covering of canvas or within any structure or enclosure intended for temporary use and capable of transfer or removal.
(f) Sixth Class: All merry-go-rounds, revolving wheels carrying passengers, shoot-the-chutes and devices of a similar character.
* * *
(h) Eighth Class: Professional baseball games.
(i) Ninth Class: All amusement parks.
(j) Eleventh Class: All exhibitions, entertainments or amusements not included in any of the foregoing classes.
(k) Twelfth Class: Air shows at Metcalf Field.
* * *
(m) Fourteenth Class: Roller and ice-skating rinks.
(n) Fifteenth Class: Shooting galleries.
(o) Sixteenth Class: Drive-in auto theaters.
(p) Seventeenth Class: Miniature golf courses.
709.02. License required.
No person, firm or corporation, either as owner, lessee, manager, officer or agent, shall give, conduct, produce or offer for gain or profit any of the entertainments as specified in Section 709.01 without first having obtained a license as hereinafter provided.
709.03. Application for license.
Any person, firm or corporation, desiring to produce, operate or offer for gain or profit, any of the foregoing classes of entertainment at any place within the City shall make application in writing for such license to the Department of Finance, which shall conform to the general provisions of this Part Seven - Business Regulation Code relating to the application for licenses and shall set forth therein a description of the place where it is proposed to offer such entertainment and a description of the kind and class of such entertainment; and if such place has a seating capacity, then the capacity thereof.
709.04. Bond required of applicant for second class license.
(a) In entertainments of the second class, the person applying for a license in addition to the license fee shall execute a bond in the sum of three hundred dollars ($300.00) to the City, to save the City harmless from all damages that may be caused to streets, sidewalks, drains and other public property in the production of such entertainment.
(b) Such bond shall be approved by the Director of Finance and no license shall be granted until such bond is given as herein provided.
709.05. Deposit required of applicant for third class license.
(a) Whenever any person, firm or corporation applies to the Director of Finance for a license to operate an outdoor show, carnival or other entertainment, in addition to paying the requisite license fee, prior to issuing any such license the Director of Finance shall receive from the applicant the sum of twenty-five dollars ($25.00). The aforesaid amount shall be held by the City until the applicant has closed the activity for which the license was issued and until the Commissioner of Health, or a person designated by him, certified to the Director of Finance that the applicant has left such premises in such condition that they are clean and sanitary and so that the public health of the City will not be jeopardized thereby.
(b) In the event such applicant does not clean such premises and leaves the same in a condition which is unsatisfactory to the Commissioner of Health, the aforesaid deposit shall be used by the City for the purpose of causing the cleaning of such premises, and any surplus over and above the cost of such cleaning shall be held as a penalty forfeited by the applicant for not leaving such premises in a clean, sanitary condition.
(c) When the condition in which the applicant leaves such premises has been approved by the Commissioner of Health, the Director of Finance is authorized to return the aforesaid deposit to the applicant and to receive his receipt therefor.
709.06. Seating capacity to be certified.
Any person applying for a license, the fee for which is regulated by seating capacity, shall certify in writing to the Director of Finance the seating capacity of the entertainment for which a license is to be procured.
Any false statement in such certificate as to such seating capacity shall be construed as a violation of this chapter and the penalty therefor shall be the same as set forth in Section 709.99.
In addition to such penalty the Director of Finance may revoke the license of the person certifying such false statement.
709.07. Inspection prior to issuance of license.
No license shall be issued for a theatre, moving picture show house or other place of entertainment or amusement until such place or building has been inspected by the Commissioner of Inspection, and found to conform with the laws of the State of Ohio and the ordinances of the City.
709.08. Issuance of license.
If upon investigation, as required by the general ordinances of the City, it is found that the laws of Ohio and the ordinances of the City relating to the health, sanitation and safety of such place have been complied with, then such license shall be issued, upon payment of the license fee hereinafter specified; and such license shall entitle the licensee to conduct, produce, operate or offer the class of entertainment specified in such license at the place designated in the application and for the period of time specified in such license.
709.09. License fees.
(a) No license to produce, conduct, operate or offer any of the classes of entertainment enumerated in Section 709.01 shall be granted until the applicant first pays in advance a license fee in accordance with the following schedule:
(1) For entertainments of the first class:
Entertainment audience seating capacity 1 to 500: $150.00 per year
Entertainment audience seating capacity 501 to 1,000: $300.00 per year
Entertainment audience seating capacity 1,001 and over: $300.00 per year plus $30.00 per year for additional 100 seats or fraction thereof over 1,000
(2) Private theatricals and entertainments of the first class, given for charity, may be produced in unlicensed places.
(3) Concerts and musical entertainments consisting of vocal or instrumental music, or either, may be produced in unlicensed halls and the fee for each performance, if the seating capacity is over 350, shall be $20.00 for each day on which such performance is given.
(b) For entertainments of the second class, the license fee shall be as follows:
(1) Seating capacity 2,000 or less, $100.00 for the first day and $25.00 for each additional day.
(2) Seating capacity over 2,000 and less than 6,000, $300.00 for the first day and $100.00 for each additional day.
Seating capacity 6,000 or over, $400.00 for the first day and $125.00 for each additional day.
(c) For entertainments of the third class, the fee shall be $150.00 per day.
(d) For entertainments of the fourth class, the fee shall be $110.00 per week or fraction thereof.
(e) For entertainments of the fifth class, the fee shall be $55.00 per week or fraction thereof.
(f) For entertainments of the sixth class, the fee shall be $10.00 per week for each device or $2.00 per day for each device.
* * *
(h) For entertainments of the eighth class, there shall be an annual fee of $200.00.
(i) For entertainments of the ninth class, the fee shall be $350.00 per year.
(j) For entertainments of the eleventh class, the fee shall be $10.00 per week per device, or $2.00 per day for each device.
(k) For entertainments of the twelfth class, the fee shall be five percent of the gross receipts of each air show. The Director of Finance shall have the right to have a representative in the box office or other ticket-selling facilities used in connection with such show to check the receipts and collect the aforesaid fees.
* * *
(m) For entertainments of the fourteenth class, there shall be an annual fee of $300.00 for each rink.
(n) For entertainments of the fifteenth class, there shall be an annual fee of $150.00 for each gallery.
(o) For entertainments of the sixteenth class, the fee shall be 50¢ per auto parking space for the first 250 such spaces provided and 25¢ per auto space provided in excess of 250.
(p) For entertainments of the seventeenth class, the fee shall be twenty-five dollars ($25.00) per week provided further that if such license fee is paid in advance for a whole season there shall be established a rate of three hundred dollars ($300.00) for the seasonal period.
709.99. Penalty.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree for the first offense and a misdemeanor of the third degree for any subsequent offense. Each day that any person, firm or corporation engages in any occupation requiring a license, without having obtained such license, shall constitute a separate offense.
Is hereby repealed.
SECTION 5. That Toledo Municipal Code, Part 7, Chapter 711, which read as follows;
711.01. License required.
No person, firm or corporation or any agent thereof shall engage in the sale of Christmas trees in the City without first having procured a license from the Director of Finance for specific premises for a period not to exceed thirty days in any one year, unless such sale is incidental to and upon premises of an established horticultural business in the City, or unless it is a business for which an annual license has been issued by the City, which license is in full force and effect, and the sale will be conducted upon the same premises for which such annual license was issued, or unless such person, firm or corporation, or any agent thereof has been established in its business location prior to June 1 of that year, and the sale will take place upon the same premises. A separate license shall be required for each location designated by the applicant where Christmas trees and/or branches or parts thereof, or other types of Christmas decorations or trimmings are to be offered for sale. No license issued hereunder shall be transferable from one person or location to another person or location without the written approval of the Director of Finance; provided, however, that any business not annually licensed by the City and desiring to engage in the sale of Christmas trees and/or decorations, etc., shall first register with the Director of Finance as to their intention to engage in such sale and provided further that for good cause shown to his satisfaction, the Mayor may relieve any recognized church or charitable institution which is the recipient of the entire proceeds from such sale of Christmas trees and/or decorations, etc., from compliance with the license fee requirements only of this section.
711.02. Application; license fee.
An applicant for the license required in Section 711.01 prior to the first of December of the year in which the sale takes place shall file an application therefor with the Director of Finance upon forms to be provided by such Director, which forms shall include the nameand address of the person, firm or corporation in whose behalf the sale is to be conducted, the dates during which the sale will take place, the location where such sale shall take place, the approximate value and number of trees proposed to be sold at such sale and such other information as the Director may require. The Director of Finance, upon being satisfied as to the truth of any application submitted, shall issue a license for the sale of the Christmas trees and/or decorations, etc., for a period not to exceed thirty days. Any person, firm or corporation to whom a license is granted shall, upon the granting of such license, pay a fee of seventy-five dollars ($75.00) to the Director of Finance.
711.03. Regulations; enforcement.
No person, firm or corporation to whom a license is issued under the provisions of Section 711.02 shall place, allow or permit to be placed on any sidewalk, street, alley or other public way, any Christmas trees and/or branches or parts thereof, or any other type of Christmas decorations or trimmings; and further the licensee shall, upon expiration of the sale period, leave such specific premises upon which the sale is conducted in a clean and sanitary condition so that the public health and safety of the citizens of the City will not be jeopardized thereby. The Director of Finance shall revoke the license of any licensee upon conviction of a violation of the provisions of this section, and any licensee so convicted shall be ineligible for the license provided for by Section 711.01 for a period of two years from the date of such conviction. It shall be the duty of the Division of Police to enforce the provisions of this section.
711.99. Penalty.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree.
Is hereby repealed.
SECTION 6. That Toledo Municipal Code, Part 7, Chapter 713, which read as follows;
713.01. Definition.
"Public coin-operated laundry or dry-cleaning operation" means a public establishment or place of business conducted for the purpose of washing, cleaning, drying and laundering clothes and other washable materials and dry cleaning clothing and other materials in customer-operated laundry and cleaning equipment.
713.02. License required.
No person, copartnership, firm or corporation shall operate a public coin-operated facility within the corporate limits of the City without first having obtained a license therefor from the Director of Finance.
713.03. License fee.
The license fee shall be seventy-five dollars ($75.00) plus one dollar ($1.00) per machine over twenty machines, per location per year. No license shall be issued until the location of such business and the premises have been approved by the Fire Division, the Division of Inspection and the Board of Health. Each establishment shall be maintained in a clean and sanitary manner.
713.04. Hours of operation.
No public coin-operated facility shall remain open between the hours of 12:00 midnight and 6:00 a.m. unless the person, copartnership, firm or corporation of such establishment provides an attendant who shall be on duty during such hours.
713.05. Loitering prohibited.
Loitering shall not be permitted. Juveniles must be accompanied by their parents or must be in the establishment for purpose of using laundry and/or dry-cleaning facilities.
713.99. Penalty.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree. The license provided for herein may be revoked if the manager or owner is found to be in repeated violation of this chapter.
Is hereby repealed.
SECTION 7. That Toledo Municipal Code, Part 7, Chapter 725, which read as follows; 725.01. Definitions.
The following terms shall have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Dancing academy" or "dancing school" means a school or place of training in which the art of dancing is taught for hire. A place of training shall include a residence or private home in a properly zoned area.
(b) "Dancing" means the performance, either alone or with others, of a rhythmic and patterned succession of movements, commonly to music.
725.02. License required.
No person shall operate a dancing academy or dancing school within the limits of the City until such dancing academy or school has first been duly licensed for such purpose. Failure on the part of any person or persons to obtain such license shall subject him or them to the penalties hereinafter provided.
725.03. Application for license.
Every person, society, club, firm or corporation desiring a license to operate a dancing academy or dancing school must make personal application to the Department of Finance. Each application shall be in the form prescribed herein. Such application shall be filed at least ten days prior to the time of granting such license and after an investigation as hereinafter provided.
725.04. Contents of application.
Each applicant for a dancing academy or dancing school license shall file with the Department of Finance a written application stating the name and address of the applicant, or if more than one person or an association or firm, the full name of all parties interested and their addresses. If the applicant is a club, society or corporation, the application shall contain a complete list of the officers of such club, society or corporation with the names and addresses of such officers and shall also give the state in which such club, society or corporation is organized and the names and addresses of persons whom the club, society or corporation shall designate as its manager or managers. The application shall also state the following:
(a) The location where the dancing academy or dancing school is to be operated, including street and number.
(b) Whether the applicant or manager has ever been engaged in the operation of a dancing academy or dancing school, and if so, when, where and how long in each place.
(c) The name of the owner of the premises in which such dancing academy or dancing school is to be located.
The application shall be signed by the applicant or applicants or in the case of a club, society or corporation, the application shall be signed by the manager or one of the principal officers thereof.
725.05. Investigation of application.
It shall be the duty of the Safety Director to investigate each application for a license and to determine the character and fitness of the applicant or applicants or of the officers of the club, society or corporation or of the person who is to be in charge of the management of such dancing academy or dancing school and to file a written report and recommendation of such investigation with the Department of Finance.
No license for a dancing academy or dancing school shall be issued until it is found that the building in which such academy or school is to be located complies with and conforms to all ordinances, rules and regulations of the City as to health, building and fire requirements; that it is properly ventilated and supplied with sufficient toilet conveniences and is a safe, sanitary and proper place for the purpose for which it is to be used. For the purposes of carrying out the provisions of this section all applications for dancing academy or dancing school licenses shall be endorsed by the Commissioner of Health, the Commissioner of Inspection and the Chief of the Fire Division that such building complies with the rules of the several departments before a license shall be issued as provided herein.
725.06. Rejection of application.
The application for a license shall be rejected if the report submitted therewith shows that the premises sought to be licensed do not comply in every way with the health, building and fire inspection regulations, ordinances and laws applicable thereto.
725.07. Right to appeal; procedure.
(a) If the application is rejected, the applicant or applicants for the license shall be forthwith notified in writing of the reasons for rejection and shall have the right to appeal to a Board composed of the Director of Safety, Director of Parks, Recreation and Forestry and the Director of Law, or their designees, which Board shall have the power, after full hearing, to affirm the rejection, or order the license issued.
(b) In case of appeal the applicant shall, within ten days after receiving notice of rejection, perfect his appeal by giving notice in writing of his intention to appeal at the office of the Director of Finance. Such Appeal Board, after receiving notice of such appeal, shall set a time and place for such hearing which shall not be more than ten days from the date of filing such notice of appeal and such applicant may be represented by counsel. After full hearing, such Board of Appeals shall have the power to sustain or modify or reverse the decision of the Director of Finance and in either case the decision of the Board shall be final.
725.08. License fee.
Any person, society, club, firm or corporation to whom a license is granted shall pay an annual fee therefor in the sum of one hundred dollars ($100.00). The annual fee shall be due and payable April 1 of each year.
725.09. Transfer of license.
No transfer of a dancing academy or dancing school license shall be permitted except with the consent of the Director of Finance, which consent shall be endorsed upon the license and transferred on the books of the Department of Finance and only after the applicant, applying for the transfer of any such license, has complied with all the provisions herein.
725.10. Revocation of license; hearing.
The license of any dancing academy or dancing school may be forfeited or revoked by the Director of Finance upon the recommendation of the Safety Director for disorderly or immoral conduct therein and upon the recommendation of the Health Department, Fire Division or Division of Inspection for the violation of any of the provisions of any ordinance, law or regulation dealing with health, fire, safety and building construction safety, after a hearing before the Mayor, Director of Parks, Recreation and Forestry and Director of Law.
725.99. Penalty.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
Is hereby repealed.
SECTION 8. That Toledo Municipal Code, Part 7, Chapter 729, which read as follows;
729.01. Definitions.
The following terms shall have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Distress merchandise sale" means any offer to sell to the public, or sale to the public, of goods, wares or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Without limiting the generality of the above, "distress merchandise sale" includes any sale advertised either specifically or in substance to be a "fire sale," "smoke and water damage sale," "adjustment sale," "creditor's sale," "trustee's sale," "bankrupt sale," "save us from bankruptcy sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "must vacate sale," "quitting business sale," "receiver's sale," "loss of lease sale," "forced out of business sale," or "removal sale."
(b) "Person" means any individual, partnership, association, firm or corporation.
729.02. License required.
No person shall advertise or conduct a distress merchandise sale without first having obtained a license to do so in accordance with the provisions of this chapter.
729.03. Application for license.
Any person desiring to conduct a distress merchandise sale shall make written application to the Director of Finance at least five days prior to the date on which such sale is to commence, on forms furnished by the Director of Finance and verified by the applicant before a person authorized to administer oaths. In cases where due to circumstances beyond the control of the applicant - other than economic reverses - application cannot be made five days prior to commencement of the sale, the Director of Finance shall waive such five day requirement. Each application shall contain the following information, and such other information as the Director of Finance may deem necessary:
(a) The name and address of the owner of the goods, wares or merchandise to be sold.
(b) A description of the place where such sale is to be held.
(c) The nature of the occupancy of the place where such sale is to be held, whether by lease or otherwise, and the effective date of termination of such occupancy.
(d) A full and complete statement of the facts regarding the distress merchandise sale, including the reason why such sale is being conducted, and manner in which such sale will be conducted, and the commencement and termination date of such sale.
(e) A complete and detailed inventory of the goods, wares and merchandise to be offered at such sale as disclosed by the applicant's records; or a statement of both the cost and retail value of the inventory of goods, wares and merchandise to be offered at such sale based on the physical inventory used for the applicant's most recent Federal income tax return adjusted for sales, purchases and mark-downs. Adjustments for sales, purchases and mark-downs shall be shown on a monthly basis to date of application. In addition, there shall be shown as separate items in either form of inventory the retail value of all goods, wares and merchandise the applicant has on consignment which will be offered for sale and the cost and retail value of all goods, wares and merchandise on back order.
The filing of an application for a license, the contents of such application and the issuance of a license shall be confidential information and no disclosure thereof shall be made except such as may be necessary in the administration of the provisions of this chapter; provided, however, that any disclosure may be made with the consent of the applicant, and the filing of an application and the issuance of a license shall not be considered confidential after public notice has been given of the proposed sale. Disclosures made contrary to the provisions of this section shall be subject to the penalty provided herein.
729.04. Bond required.
No license shall be issued for a distress merchandise sale unless there is filed with the Director of Finance a bond conditioned upon the faithful observance of all the provisions of this chapter and the indemnifying of any purchaser at such sale who suffers any loss by reason of any misrepresentation made in connection with such sale, and authorizing actions thereunder by the City for the violation of any provision of this chapter, and by any purchaser at such sale for damages or loss suffered by him by reason of any misrepresentation made in connection with such sale. The amount of such bond shall be determined as follows:
Ten percent of the first one hundred thousand dollars ($100,000) of the inventory cost of all the goods, wares and merchandise to be offered at sale; five percent on the next four hundred thousand dollars ($400,000) and two percent on the balance. Such bond shall be approved as to form by the Director of Law and as to sufficiency by the Director of Finance.
729.05. Investigation of application; grounds for denial of license.
Upon receipt of an application, the Director of Finance shall cause such investigation as he deems necessary to be made of the facts contained therein. No license shall be issued if any one or more of the following facts or circumstances are found to exist:
(a) That the applicant was granted more than one license hereunder for a going-out-of-business sale within two years preceding the date of the filing of the application.
(b) That the applicant has heretofore been convicted of violation of this chapter or has had a license issued to him pursuant to this chapter revoked within a five year period immediately preceding the date of the filing of the application.
(c) That the inventory includes goods, wares or merchandise purchased by the applicant or added to his stock in contemplation of such sale and for the purpose of selling the same at such sale. For the purpose of this subsection (c), any unusual addition to the stock of such goods, wares and merchandise made within sixty days prior to the filing of such application shall be prima facie evidence that such addition was made in contemplation of such sale and for the purpose of selling the same at such sale.
(d) That the applicant, in the ticketing of the goods, wares and merchandise to be offered at the sale, has misrepresented the original retail price or value thereof.
(e) That any representation made in the application is false.
729.06. Issuance of license; conditions.
When it appears to the Director of Finance that all the statements in the application are true and that the proposed sale is of the character represented therein, that the application is in full compliance with the terms and conditions of this chapter and that the required license fee has been paid and the required bond filed, the Director of Finance shall issue a license to the applicant authorizing such applicant to advertise and conduct the sale as described in the application, subject to the following conditions:
(a) The sale shall be held at the place named in the application and by the particular licensee for a period of not more than thirty consecutive calendar days, Sundays and legal holidays excluded, next following the date specified in such license;
(b) Only the goods, wares and merchandise included in the inventory attached to the application shall be sold at such sale;
(c) Upon the commencement of such sale and for its duration, the license issued hereunder shall be prominently displayed in the place of sale by the licensee;
(d) The licensee shall keep suitable books during the sale, at the location at which such sale is conducted, in which shall be made daily entries showing:
(1) Dollar amount of retail sales.
(2) Dollar amount of mark-downs. Without limiting the meaning of the term "mark-down," the difference between retail and wholesale price of goods wholesaled by licensee shall be considered a mark-down.
(3) Dollar amount, both retail and cost price, of goods on back order received.
(4) Dollar amount of wholesale sale.
Copies of such daily entries shall be sent to the Director of Finance weekly and all books of licensee shall be open for inspection by the Director of Finance or his duly authorized representatives during business hours.
729.07. Revocation of license.
The Director of Finance shall revoke any license issued pursuant to the provisions of this chapter if he finds that the licensee has:
(a) Violated the provisions of this chapter.
(b) Made any material misstatement in his application.
(c) Failed to include in the inventory required by the provisions of this chapter all the goods, wares and merchandise being offered for sale.
(d) Offered or permitted to be offered at such sale any goods, wares or merchandise not included in the inventory attached to the application.
(e) Failed to keep suitable records of such sales; or
(f) Made or permitted to be made any false or misleading statements or representations in advertising such sale, or in displaying, ticketing or pricing goods, wares or merchandise offered for sale.
729.08. Renewal of license.
The Director of Finance shall upon application therefor renew a license issued under the provisions of this chapter for no more than two periods of thirty days each, Sundays and legal holidays excluded, if the licensee has not sold all the goods listed on the inventory submitted with the original application. Such fact shall be sworn to by the applicant in the appropriate place on the application for renewal of the license. Only such goods as were listed on the original inventory filed with the application and not previously sold, may be sold during the renewal period. The fee for the renewal of a license shall be twenty-five dollars ($25.00).
729.09. License fee.
The fee for licenses issued pursuant to this chapter shall be sixty dollars ($60.00) or one-quarter of one percent of the gross inventory value of the goods, wares and merchandise to be sold at such sale, whichever is the greater amount.
729.99. Penalty.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree. Each days' violation shall constitute a separate offense.
Is hereby repealed.
SECTION 9. That Toledo Municipal Code, Part 7, Chapter 731, which read as follows; 731.01. Definitions.
For the purpose of this chapter the following terms and phrases shall be construed as follows:
(a) "Person" means a natural person, firm, partnership, association or corporation.
(b) "Interurban buses" means motor vehicles carrying passengers for hire as a common carrier over an established route, which requires a route from a point without the City limits to a point of destination within the City or through the City to a point outside the City limits, or from a point within the City to a point without the City limits. It shall be applicable to all interurban passenger buses operating on routes within the City at the time this chapter takes effect.
(c) "Motor bus" means a motor bus carrying passengers for hire over an established or designated route, or that is advertised to carry passengers for hire over an established route.
(d) "Director" means the Director of Public Safety.
(e) "In" or "within the City" means any street, highway or other public places within the corporate limits of the City of Toledo.
731.02. Permit required.
No person shall engage in the business of operating an interurban bus within the City without having first procured a permit therefor from the Director, except the Toledo Area Regional Transit Authority.
731.03. Application.
(a) No permit shall be issued until the person desiring to operate an interurban bus within the City files with the Director an application in writing setting forth the following information:
(1) The name and business address of the applicant.
(2) A brief description or number of the certificate of convenience or permit under which the bus is operated and the State issuing the same.
(3) The number of buses that are to be operated within the City, their license numbers and from what State they are issued.
(4) The established route of the bus including the points at which it is desired to enter and leave the City.
(5) The proposed schedule if there is a terminus for passengers within the City limits.
(6) Their desired route within City limits.
(7) The amount of indemnity bond or insurance carried by each bus for the protection of property and for the protection of persons.
(b) The foregoing application shall be signed by the applicant and it shall be filed with the Director and shall be a part of the permanent records of the Department of Public Safety.
731.04. Proposed route may be altered.
The Director, in the granting of such application, shall have authority to alter and modify the route set forth in the application or to establish a new route if, in his opinion, it is necessary by reason of traffic conditions.
731.05. Issuance of permit.
When the applicant has complied with the terms of this chapter and has agreed to such modifications or changes in the route as may be prescribed by the Director, the Director shall issue a permit to such applicant, expiring with the calendar year.
731.06. Renewal of permit.
Such permit may be renewed at the end of each calendar year by complying with the terms of this chapter, and shall be in effect until the end of the calendar year in which the permit is granted, unless revoked.
731.07. Rerouting buses.
In cases of emergency, buses may be rerouted at any time. By giving ten days' notice in writing to the applicant, any bus may be rerouted.
731.08. Limitations on operation within City.
No person operating an interurban motor bus over the streets within the City shall carry a passenger for hire from one point within the City limits to another point within the City limits, except on such routes or parts of routes where there is no Toledo Area Regional Transit Authority service.
731.09. Securing permit; revocation.
Before any person operating an interurban motor bus can carry any passengers for hire from one point to another within the City in territory where no Toledo Area Regional Transit Authority service is given, such person shall first secure a permit from Council by resolution duly adopted, describing the portion of the route over which such interurban motor bus is operated within the City and along which portion of such route City passengers whose ride lies wholly within the City may be received and which City passengers may be carried and discharged, and such permit shall be revocable at the will of Council.
731.99. Penalty.
(a) Whoever violates any provision of Sections 731.08 or 731.09 is guilty of a minor misdemeanor, and the ride of each passenger in violation of either of such Sections shall constitute a separate offense. On the third violation of either of such Sections, the right to use the streets of the City by the person operating such interurban motor bus and violating such Sections may be revoked by the Director of Public Safety, and thereafter the right to use the streets of the City by such interurban bus shall not be exercised until authorized by ordinance of Council.
(b) Any person and any agent or employee of such person, who engages in the business of operating an interurban passenger bus within the City without a license as herein prescribed or who operates an interurban passenger bus upon any other route than that designated by the Director is guilty of a minor misdemeanor. Each day's violation of this Section shall constitute a separate offense.
(c) The penalty herein prescribed shall be cumulative to any right by injunction by the City to restrain interurban passenger buses from violating any of the provisions of this chapter and cumulative to any power that the City may now exercise or shall hereafter exercise under any ordinance passed by Council to revoke any permit granted under the provisions of this chapter. If any person violates any of the provisions of this chapter, the Director, upon proper showing, may revoke the permit issued to such person and after such revocation, such person shall have no authority to operate any interurban passenger bus upon any route within the City.
Is hereby repealed.
SECTION 10. That Toledo Municipal Code, Part 7, Chapter 737, which read as follows; 737.01. Definitions.
For the purposes of this chapter, the following words are defined and shall have the meaning ascribed to them as hereafter set forth, unless the context clearly requires a different meaning.
(a) "Coin amusement device" means any machine, device or instrument which, upon the insertion of a coin, token, slug, disc, plate or card, or other insertion piece, or upon the payment of a consideration, operates or may be operated by the public generally as a game, a contest or test of skill or other amusement of any description, and which is not a gambling device. Without limitation, coin amusement device also means any manual or mechanical amusement device. Coin amusement device does not include cigarette, candy or other similar type vending machines, mechanical musical instruments under Chapter 739, or the laws regulating pool, billiards or bowling parlors under Chapter 749.
(b) "Manual amusement device" means any amusement device such as a "shuffle board," or "shuffle alley," or other table type amusement device which, upon the insertion of a coin, token, slug, disc, plate or card, or other insertion piece, or upon the payment of a consideration, may be operated manually as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement.
(c) "Mechanical amusement device" means any amusement device which, upon the insertion of a coin, token, slug, disc, plate or card, or other insertion piece, or upon the payment of a consideration, may be operated for use as a game, entertainment or amusement, whether or not registering a score. It shall include machines and devices such as marble machines, pinball machines or skill ball, and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include any electronic machine or device which contains a video screen upon which the contest or game is displayed. It shall include any machine or device whereby a score is established by manipulating special equipment to secure a special number or numbers or a high total score.
(d) "Gambling devices" means a device as defined in Section 517.01 of the General Offenses Code, or Ohio R.C. 2915.01.
(e) "Amusement center" means any storeroom, shop, arcade, mall, structure or enclosure of any design or any place of business at which five or more coin amusement devices are located for the use of entertainment of persons patronizing the place of business.
(f) "Owner" means any person owning title to any coin amusement device or devices.
(g) "Exhibitor" means any person conducting business at a place of business at which four or less coin amusement devices are located for the use or entertainment of persons patronizing the place of business, irrespective of the ownership of the device or devices.
(h) "Operator" means any person conducting a business at a place of business which is an amusement center wherein five or more coin amusement devices are located for the use of entertainment of persons patronizing the place of business, irrespective of the ownership of the device or devices.
(i) As used herein, the word "person" means an individual, partnership, corporation or other entity by whatever name designated.
(j) "Good moral character" means that the owner, exhibitor or operator has not been convicted of a felony, a misdemeanor involving moral turpitude, or any gambling conviction or convictions within five years next preceding the date of the application.
737.02. Amusement device license required.
No person as an owner or exhibitor shall locate, cause to be located or permit to be located any coin amusement device in the City unless such coin amusement device is the subject of a valid exhibitor's coin amusement device license issued by the Director of Finance. A separate license shall be required for each coin amusement device displayed at any one time by any owner or exhibitor who displays one to four coin amusement devices.
737.03. Application for coin amusement device license.
Application for a license to display a coin amusement device as defined herein must be made to the Director of Finance upon such forms as shall be prepared therefor by him. Each application for a coin amusement device license shall set forth the name and address of the owner of the coin amusement device, the name and address of the exhibitor, the nature and address of the place of business at which the coin amusement device is to be exhibited, including the name, make, model, serial number of such device, and any other information as the Director of Finance may reasonably require. There shall be filed with each application for a coin amusement device license the affidavits of the owner and exhibitor as to their good moral character and the truth of the matters set forth in the application for the coin amusement device license. The Director of Finance is authorized to prescribe and accept applications for the issuance of more than one coin amusement device license on one application form.
737.04. Gambling devices not to be licensed.
No license shall be issued for any coin amusement device which is a gambling device.
737.05. Issuance of coin amusement device license.
The Director of Finance is authorized to issue coin amusement device licenses. The coin amusement device license shall set forth the name and address of the owner of the coin amusement device, the name and address of the exhibitor, the nature and address of the place of business at which the licensed coin amusement device is to be located, the fiscal year for which such license is issued and any other information as may reasonably be required by the Director of Finance. The Director of Finance shall issue no coin amusement device license unless:
(a) The exhibitor of the coin amusement device to be licensed has properly filed the application for the coin amusement device license and affidavits required by Section 737.03;
(b) The fee required by Section 737.14 has been paid;
(c) The Director of Finance has found that the exhibitor and owner are of good moral character as defined in Section 737.01;
(d) The Director of Finance has found that the coin amusement device to be licensed is not held, exhibited or operated contrary to the provisions of the laws of the State, the ordinances of the City, or the requirements of this chapter; and
(e) The Director of Finance has determined that there exists no other reasonable cause to deny the issuance of the coin amusement device license as required by the laws of the State, the ordinances of the City, or the requirements of this chapter.
737.06. Transfer of coin amusement device license; amendments.
(a) A coin amusement device license issued to an exhibitor under the provisions of this chapter shall not be transferred to any other person until the transferee has complied with Sections 737.03 and 737.05 and all other requirements of this chapter and has been issued a coin amusement device license by the Director of Finance.
(b) Should the exhibitor named on a coin amusement device license move his/her business, such license may be transferred to the licensed exhibitor's new business location.
(c) A coin amusement device license may be amended for an exhibitor therein named to change the selection of amusement devices.
(d) A request for a transfer as stated in subsection (b) hereof or an amendment as stated in subsection (c) hereof must be made by the licensed exhibitor to the Director of Finance. A transfer or amendment provided for in this section shall be granted after a determination by the Director of Finance that such transfer or amendment does not violate any laws of the State, the ordinances of the City, or the requirements of this chapter.
(e) Any transfer or amendment of a coin amusement device license as herein provided shall be requested by the licensed exhibitor upon forms prescribed by the Director of Finance.
(f) This section is not applicable to an amusement center.
737.07. Display of coin amusement device license.
Each coin amusement device license shall be prominently displayed at the place of business listed thereon in view of the patrons of the business.
737.08. Amusement center license required.
No person as an owner or operator shall be the operator of an amusement center at any place of business unless such operator holds a valid operator's amusement center license in accordance with the requirements of this chapter for the place of business at which such amusement center is operated. Each coin amusement device located within the amusement center shall be approved in accordance with the requirements of this chapter.
737.09. Application for amusement center license.
The Director of Finance is authorized to accept for filing in the Office of the Finance Director applications for the issuance of amusement center licenses. Each application for an amusement center license shall be upon a form prescribed by the Finance Director and shall set forth the name and address of the owner of the coin amusement devices, the name and address of the owner or the operator, the address of the place of business which is to be the licensed amusement center, the fiscal period for which the amusement center license is sought, a description of the coin amusement devices sought to be licensed at the amusement center, including the name, make, model, serial number and any other information as the Finance Director reasonably requires. If the operator filing the application for amusement center license is a corporation, the application for amusement center license shall list the names of any individual, corporation or other entity owning the issued and outstanding shares of any class of stock of the corporation, including their percentage of ownership. If the operator filing the application for amusement center license is a partnership, the application for amusement center license shall list the names of all partners. There shall be filed with each application for an amusement center the affidavits of the operator and owner as to their good moral character and the truth of the matters set forth in the application for the amusement license.
737.10. Issuance of amusement license.
The Director of Finance is authorized to issue amusement center licenses. Each amusement center license shall set forth the name and address of the owner of the coin amusement devices, the name and address of the operator, the address of the place of business which is the licensed amusement center, the fiscal year for which such license is issued, and such other information as the Finance Director reasonably requires. The Director of Finance shall issue no amusement center license unless:
(a) The operator of the amusement center to be licensed has properly filed the application for amusement center license and affidavits required by Section 737.09;
(b) The fee required by Section 737.14 has been paid;
(c) The Director of Finance has found that the operator and owner are of good moral character as defined in Section 737.01;
(d) The Director of Finance has found that the coin amusement devices are not held, exhibited or operated contrary to the provisions of the laws of the State, the ordinances of the City, or the requirements of this chapter; and
(e) The Director of Finance has determined that there exists no other reasonable cause to deny the issuance of the amusement center license as required by the laws of the State, the ordinances of the City, or the requirements of this chapter.
737.11. Transfer of amusement center license; amendments.
(a) An amusement center license issued to an operator under the provisions of this chapter shall not be transferred to any other person until the transferee has complied with Sections 737.09 and 737.10 and all other requirements of this chapter and has been issued an amusement center license by the Director of Finance.
(b) Should the operator named on an amusement center license move his/her business, such license may be transferred to the licensed operator's new business location.
(c) An amusement center license may be amended to reflect additions to the selection of coin amusement devices. Should the addition of coin amusement devices require any additional license fee pursuant to Section 737.14, then a list of the additional coin amusement devices must be made seven days prior to the installation of such coin amusement devices to allow for the Director of Finance to provide a license amendment. Any list required by this section shall include the name, make, model and serial number of the coin amusement device.
(d) A request for a transfer as stated in subsection (b) hereof must be made by the licensed operator to the Director of Finance upon forms prescribed by the Director of Finance. A transfer shall be granted after a determination by the Director of Finance that such transfer does not violate any laws of the State, the ordinances of the City, or the requirements of this chapter.
737.12. Display of amusement center license.
Each amusement center license shall be prominently displayed at the place of business listed thereon in view of the patrons of the licensed amusement center.
737.13. Expiration of licenses.
(a) Each coin amusement device license or amusement center license shall be issued for the fiscal year beginning October 1, or the remaining part of that year in which it was issued, and shall expire at 11:59 p.m. on September 30 of the next year, and when such license has expired, it shall be removed from its place of posting.
(b) All such licenses currently in effect at the date this chapter is adopted shall continue in effect until 11:59 p.m. on September 30, 1983.
737.14. Fees.
The fees for a coin amusement device license or an amusement center license shall be as follows:
(a) For the license of any one or more coin amusement device not exceeding four, the annual fee shall be fifty dollars ($50.00) per coin amusement device.
(b) For the license of an amusement center, the fee shall be four hundred dollars ($400.00) for five through and including fifteen coin amusement devices plus fifteen dollars ($15.00) for each coin amusement device above fifteen.
(c) If the application for a coin amusement center license or an application for transfer, is filed and the amusement device or devices are placed on display on or after October 1, but no later than March 31, the fee shall be as stated in subsection (b) hereof. If the application for a coin amusement center license is filed and the amusement device or devices are placed on display on or after April 1, but no later than September 30, the fee shall be one-half of the value of subsection (b) hereof. The proration provisions of this subsection (c) do not apply to the licensing of one or more coin amusement devices not exceeding four under subsection (a) hereof.
(d) The amount of the license fee for a coin amusement device or amusement center shall be computed and established at the time the license is approved and issued by the Director of Finance and the fee, or any part thereof, shall be nonrefundable during the annual term of the license. The person in whose name the license is issued is responsible and liable for the payment of the license fee.
(e) A licensee desiring to exhibit or display an additional coin amusement device or devices during the existing license period shall apply for a license or approval to cover the exhibition of such additional device or devices and shall pay the fee category of either subsection (a) or (b) hereof that such additional device or devices cause the licensee to fall within with credit granted for any license fees paid prior to such addition and the proration provision of subsection (c) hereof applicable, if necessary.
737.15. Location.
(a) No license shall be granted for any coin amusement device or amusement center at a place where such coin amusement device will be displayed or the amusement center will conduct business at a location that is within 500 feet of the boundaries of a parcel of real estate occupied by any school building, public library, park, playground or place of worship.
(b) An amusement center shall not be located within a 1,000-foot radius of the boundaries of a parcel of real estate occupied by another amusement center.
(c) The location or locations of an amusement center within a shopping mall or within the boundaries of a shopping center shall not be located within 1,000 feet of another amusement center within the same shopping mall or shopping center.
(d) Any duly issued coin amusement device or amusement center license in force as of the effective date of this section will be continued from year to year upon payment to the Director of Finance of the annual fee and compliance with the other sections of this chapter. Any change in ownership of an exhibitor or operator of a coin amusement device or an amusement center duly licensed as of the effective date of this section does not work a forfeiture under this section, unless the change in ownership results in a business change removing the display of the coin amusement devices or the operation of an amusement center at that location.
(e) This section shall not apply to a duly licensed coin amusement device or amusement center location in existence at the time a school, public library, park, playground, place of worship, or any of the regulated uses listed in Section 1167.01 (22) of the Planning and Zoning Code move within the proscribed distances in this section.
737.16. Investigation of application.
It shall be the duty of the Director of Public Safety to require an investigation of each application for a coin amusement device or amusement center license and to determine whether or not the place of business where the license is sought to be located is not in violation of law, and the games, machines and devices comply with the laws, ordinances and regulations applicable thereto and to cause an investigation of the good moral character of the persons required in this chapter. This investigation is to be conducted by the Division of Police who shall file a written report and recommendation of such investigation with the Department of Finance.
737.17. Compliance with health, building and fire regulations.
No license for a coin amusement device or an amusement center shall be issued until it is found that such place of business where the license is sought to be located complies with and conforms to all ordinances and to all health, building and fire regulations of the City, and is a proper place for the purpose for which it is used. For purposes of carrying out the provisions of this section, all applications for coin amusement devices or amusement center licenses shall be endorsed by the Commissioner of Health, the Commissioner of Inspection and the Chief of the Fire Division, that such building complies with the rules of their several departments before a license shall be issued as provided herein.
737.18. Renewal of license.
All applications for the renewal of a coin amusement device or amusement center license shall be submitted to the Director of Finance not earlier than thirty days, but not later than five days prior to the expiration of the license and shall be upon forms provided by the Director of Finance. License fees shall accompany all applications for renewal.
Failure on the part of a licensee to submit his/her renewal application within fifteen days prior to expiration of the license shall be cause for the Director of Finance to delay the renewal of the license.
If an application is timely filed pursuant to the terms of this section and no renewal license has been issued before the expiration date of the existing license, the applicant may continue to operate under its existing license until a renewal license is issued or until notified that no renewal license will be issued.
737.19. Operation by minors.
(a) No person shall knowingly permit any unemancipated minor under the age of eighteen years enrolled in school to play or operate a coin amusement device between the hours of 7:00 a.m. and 3:30 p.m. on any day that student's school is in session, unless accompanied by his or her parent or legal guardian.
(b) No person under the age of eighteen years shall show or give false identification or information or otherwise mislead an exhibitor or operator, their agents or employees, for the purpose of operating or playing a coin amusement device if not otherwise authorized by subsection (a) hereof.
(c) No person shall knowingly show, give or make any false identification or information, either orally or in writing, or otherwise mislead an exhibitor or operator, their agents or employees, for the purpose of enabling another person to operate or play a coin amusement device that is not authorized under subsection (a) hereof.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
737.20. False affidavit; statements.
Any person who knowingly swears falsely in any affidavit required to be filed under the provisions of this chapter or makes a false statement in any application for a coin amusement device or amusement center license pursuant to Sections 737.03 and 737.09 shall be deemed guilty of a violation of this chapter.
737.21. Duplicate licenses.
A duplicate license may be issued by the Director of Finance to replace any license previously issued under the provisions of this chapter which has been lost, stolen or destroyed, upon the exhibitor or operator filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the Finance Director a duplicate license fee of five dollars ($5.00).
737.22. Miscellaneous requirements.
(a) Any coin amusement device or devices shall be located where it or they are visible to the exhibitor or operator or his authorized representative in the conduct of the business. Otherwise, the exhibitor or operator shall have an adult who is eighteen years or older on the premises and supervising at all times the conduct of the business during all hours of operation.
(b) Order and quiet must be maintained on the premises by the exhibitor or operator so as not to violate the public peace.
(c) The person, partnership, corporation or other entity exhibiting a coin amusement device or operating an amusement center as defined herein shall have a continuing duty to inform the Director of Finance as to any changes in the information required in this chapter.
737.23. Inspections.
It shall be the duty of the Director of Public Safety to cause periodic inspections to be made of all coin amusement devices displayed in the City, and to make investigations as to the place of business where devices are licensed to ensure that peace, quiet and public decorum is being maintained and that the premises are not otherwise in violation of law, to the end that the provisions of this chapter shall be strictly enforced.
737.24. Adoption of rules.
The Mayor is hereby authorized and directed to adopt, promulgate, amend and enforce such administrative rules and regulations as shall be necessary to execute and enforce the provisions of this chapter.
737.25. Failure to issue, renew, revocation and suspension of licenses.
(a) In addition to any penalties otherwise provided, the Director of Finance, upon being satisfied that a licensee has violated any provision of this chapter, or any rule promulgated by the Mayor under Section 737.24, or any City or State law relating to the particular matter for which such license is issued, shall have the power to fail to renew, revoke or suspend a license for such time as he may deem proper. All failure to renew, revocation and suspension orders issued by the Finance Director shall be in writing and signed by him, be sent immediately to the licensee at the address set forth in his application, and shall set forth the reason for the suspension order, and if a suspension, the time of the suspension period. The suspension or revocation order shall state the date that the suspension or revocation is effective, but under no circumstances shall the effective date of suspension or revocation be less than fifteen days from the date the Finance Director serves the licensee with the suspension or revocation order. Any licensee whose coin amusement device or amusement center license has failed to be renewed, or been suspended or revoked shall remove and keep his/her license from the public view, unless a stay pending appeal is granted pursuant to Section 737.27. The suspension or revocation of such license shall not entitle the licensee to the return of any part of the license fee.
(b) The Director of Finance, upon being satisfied that an applicant for a coin amusement device or amusement center license does not qualify for a license because the applicant or the place of business where the license is sought is in violation of any provision of this chapter, or any rule promulgated by the Mayor under Section 737.24, or any City or State law relating to the particular matter for which such license is sought, shall fail to issue the license. All failure to issue orders issued by the Finance Director shall be in writing and signed by him, be sent immediately to the applicant at the address set forth in his application, and shall set forth the reasons for the failure to issue the license.
(c) All failure to issue, renew, suspension or revocation orders issued by the Director of Finance shall be subject to appeal pursuant to Section 737.26.
737.26. Appeals.
(a) Any person whose initial application for a coin amusement device or amusement center license is denied, or whose existing license is not renewed, or is suspended or revoked by the Director of Finance, may appeal such decision to a Board of Appeals composed of the Director of Law, who shall act as chairman of the Board of Appeals, the Director of Public Safety and the Director of Public Service, or their selected representatives, provided notice of appeal in writing is left at the office of the Department of Finance within ten days after receipt of such notice from the Department of Finance.
(b) The Board of Appeals as set up in subsection (a) hereof shall hear any appeal timely made within thirty days from the date such notice of appeal is received by the Department of Finance and the Board shall have the power to sustain, modify or reverse the decision of the Director of Finance and such decision must be in writing and sent to the license holder within fifteen days after the hearing is concluded. The action of the Board shall be final. A quorum of the Board shall consist of a majority of the members of the Board.
737.27. Stay orders.
An appeal does not automatically operate as a stay of a failure to renew, revocation or suspension order of the Director of Finance. If an appellant desires a stay of such order pending the outcome of the hearing he must first apply in writing to the chairman of the Board of Appeals setting forth his reasons for the stay. The chairman may request the Director of Finance to render, in writing, its views regarding the stay request. Within five days after the receipt by the chairman of the request for a stay, the chairman shall render his decision on the request. If the chairman determines that undue hardship to the appellant will result by not issuing a stay and no apparent harm will be caused to the citizens of the City by issuing a stay, a stay order, not to exceed forty-five days and pending the outcome of the hearing, will be granted.
737.99. Penalty.
(a) Whoever violates any provision of this chapter for which no other penalty is provided is guilty of a misdemeanor of the fourth degree. Each day of violation shall constitute a separate offense. The Director of Finance may revoke or suspend the license or licenses held by any person who has been convicted for a violation of this chapter or laws of the State or ordinances of the City relating to the particular matter for which such license is issued.
(b) Whoever violated Section 737.20 is guilty of a misdemeanor of the first degree.
Is hereby repealed.
SECTION 11. That Toledo Municipal Code, Part 7, Chapter 739, which read as follows; 739.01. Definition.
As used in this chapter, "mechanical musical instrument" means and includes any amusement machine, apparatus or device designed or constructed for the purpose of producing, reproducing or playing any musical or vocal tone or tones or combination of tones, the operation or use of which instrument is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, token or key into any slot, crevice or other opening in such instrument.
739.02. License required.
(a) No person, firm or corporation shall maintain, operate or permit to be maintained or operated in, upon or about any premises under his or its control, which premises are open to the public, any mechanical musical instrument, as herein defined, unless a license and registration therefor has first been obtained from the Director of Finance.
(b) "Premises which are open to the public," or similar words as used in this chapter include clubs, private clubs, headquarters and meeting places of fraternal and other societies, associations and bodies, and all other public places.
739.03. Application for license.
Application for the aforesaid license shall be made to the Director of Finance upon such blanks as shall be prescribed therefor. On such application the applicant shall state his or its name; whether an individual, partnership or corporation; if a partnership the names and addresses of the partners composing the same; the addresses at which it is desired to maintain and operate the mechanical musical instrument; the nature of the business conducted at such place; the make, name, model, serial number and other identifying information with reference to the particular mechanical musical instrument or instruments which it is desired to use; the name and address of the owner of such instrument or instruments and such other and further information as the Director of Finance, in his discretion, may require.
739.04. License fee; issuance.
Upon the filing of the aforesaid application and the payment of the sum of fifty dollars ($50.00), which sum is the annual license fee for the license hereinafter mentioned, the Director of Finance shall issue to the applicant a license which shall entitle the licensee to maintain and operate at the premises mentioned in the application, the mechanical musical instrument or instruments described in the application, subject to the terms and conditions of this chapter and other ordinances of the City, and also subject to the rules which may be promulgated under Section 739.08. The license fee herein mentioned shall be the annual license fee for the fiscal year which shall expire September 30 of each calendar year. No part of the annual license fee shall be prorated.
739.05. Transfers.
Any licensee under the provisions of this chapter may transfer from time to time from one instrument to another, provided, however, that application for such transfer shall be made to the Director of Finance, and such application, prior to the making of such transfer, has been authorized by the Director and a record thereof made in his office. There shall be no fee for the transfer, as provided in this section.
739.06. Records to be kept by Director of Finance.
The Director of Finance shall keep and maintain on file at his office a full and complete copy of all licensees licensed under the provisions of this chapter, and also a full and complete list of all mechanical musical instruments which are registered under the provisions of this chapter.
739.07. Use restricted.
No person, firm or corporation shall play, produce or reproduce upon any mechanical musical instrument any obscene selection or rendition. No person shall use or permit to be used or maintained any mechanical musical instrument in such a manner as to disturb the peace and quiet of the neighborhood.
739.08. Adoption of rules; license revocation.
The Director of Finance is hereby empowered to promulgate and enforce rules and regulations as to him shall be expedient for enforcing the terms and conditions of this chapter. The license of any licensee who violates any terms and provisions of the rules so promulgated may be revoked by the Director of Finance after having afforded the licensee an opportunity to be heard with reference to the alleged violation of such rules.
739.99. Penalty.
Whoever maintains or operates any mechanical musical instrument in any public place without having obtained a license and registration therefor is guilty of a misdemeanor of the fourth degree. Whoever violates any other provision of this chapter or any rule of the Mayor promulgated hereunder is guilty of a minor misdemeanor and may have his license revoked.
Is hereby repealed.
SECTION 12. That Toledo Municipal Code, Part 7, Chapter 747, which read as follows;
747.01. Definitions.
(a) "Predictor" means any person who for any type of compensation or consideration augurs, reveals, interprets or foretells the future or past on whatever basis, including but not limited to observation, experience or scientific reason. A predictor includes, but is not limited to, any fortuneteller, palmist, psychic, medium, channeler, clairvoyant, soothsayer, prognosticator, astrologer, horoscoper, horoscopist, crystal gazer, astromancern numerologist, phrenologist, precognitionist, metaphysist, spirit communicator, card reader, oracle, prophet or seer.
(b) "Person" means any individual, corporation, partnership, association or other entity by whatever name designated.
747.02. License required.
No person shall engage in the business of predictor, where compensation is charged or received from the general public, without first having obtained a license therefor from the Director of Finance pursuant to this chapter.
747.03. Application for license.
(a) Application for a predictor license, as defined herein, shall be made to the Director of Finance upon such forms as shall be prepared therefor by him, and must include a twenty-five dollar ($25.00) nonrefundable application fee to be deducted from the license fee if the application is approved.
(b) Each applicant for a license defined herein shall set forth on the application provided therefor all the information requested therein, including but not limited to, the name and home address of the applicant, the name of the business and the address where the business is to be conducted, or where the predictor is to be employed, the applicant's social security number and the date of birth of the applicant. The applicant shall also state on the application whether the applicant has been convicted of a felony or a misdemeanor involving moral turpitude or fraud.
(c) Upon receipt of an application for a predictor license, the Director shall forward the application to the Division of Police who shall investigate the application and recommend, within fourteen days after receipt of the application, approval or denial of the application to the Director.
(d) The Director shall issue a predictor license to any applicant who has met all the requirements of this chapter, received an approval recommendation from the Police Division and has paid all the fees relevant hereto.
747.04. Display of license.
No person licensed pursuant to this chapter shall fail and/or refuse to display his or her license at the place of business and in full view of the patrons.
747.05. False statements.
(a) Any person who knowingly makes a false statement or statements on the application for predictor license shall be guilty of a misdemeanor of the first degree.
(b) Any person who makes a false statement or statements on the application for predictor license shall, upon written notification from the Director of Finance, have their license revoked.
747.06. License fee; expiration date; renewal.
(a) The nonproratable fee for a predictor license shall be one hundred dollars ($100.00) per year.
(b) The term of such license shall be from April 1 of each year through March 31 of the following year, unless revoked pursuant to this chapter.
(c) Any renewal of a predictor license shall be submitted to the Director of Finance, upon such form as shall be prepared therefor by him, not earlier than thirty days but at least ten days prior to the expiration date of the license. The procedure established by Section 747.03 shall then be followed for each renewal.
747.07. Transfer of license.
No person issued a license pursuant to this chapter shall sell, barter, assign, exchange or transfer it to any other person. A license issued under this chapter shall be void in the hands of any person other than the one to whom it was issued.
747.08. Denial or revocation of license; appeals.
(a) Any person, whose application for a predictor license is denied by the Director of Finance, shall be notified in writing of the denial by the Director of Finance. Such person may appeal the denial to a Board of Appeals comprised of the Director of Law, who shall act as Chair of the Board of Appeals, the Director of Public Safety and the Director of Public Service, or their selected representatives. A written request for an appeal hearing shall be submitted to the Director of Finance within ten days after receipt of the application denial notice.
(b) The Director of Finance, upon the recommendation of the Chief of Police, or as a result of his own investigation, may revoke the predictor license issued to any person under the provisions of this chapter, for a violation of any provision of this chapter. Any person whose predictor license has been revoked by the Director of Finance shall be notified in writing of the revocation by the Director of Finance. Such person may appeal the revocation to the Board of Appeals created in subsection (a) hereof. A written request for an appeal hearing shall be submitted to the Director of Finance within ten days after receipt of the license revocation notice.
(c) The Board of Appeals, as herein established, shall hear any appeal, pursuant to subsections (a) or (b) hereof within thirty days from the date the request for appeal is received by the Director of Finance. The Board shall have the power to sustain, modify or reverse the decision of the Director of Finance. The Board's decision shall be in writing and sent to the appellant/applicant, or his/her legal representative, within fifteen days after the hearing is concluded. The action of the Board of Appeals is final.
747.99. Penalty.
Whoever violates any provision of this chapter for which no other penalty is provided is guilty of a minor misdemeanor. Each day of violation shall constitute a separate offense. A second conviction under this chapter, other than Section 747.05, within a two-year period is a misdemeanor of the fourth degree.
Is hereby repealed.
SECTION 13. That Toledo Municipal Code, Part 7, Chapter 749, which read as follows; 749.01. Definitions.
(a) "Pool table" means any type of table used for the sport of pool or billiards which, upon the insertion of a coin, slug, disc, plate or card, or other insertion piece, or upon the payment of any consideration, may be used by the public as a game, contest or a test of skill.
(b) "Pool hall" means any structure or enclosure of any design, or any place of business, at which one or more pool tables, as defined herein, are located for the use or entertainment of any person patronizing the establishment.
(c) "Bowling alley" means one or more lane used for the sport of bowling.
(d) "Bowling hall" means any structure or enclosure of any design, or any place of business, at which are one or more bowling alleys or lanes for the use of any person patronizing the establishment.
(e) "Owner" means any person seized of title to, or in possession and control of, any pool and/or bowling hall.
(f) "Operator" means any person conducting a business at a place where pool tables and/or bowling alleys, as defined herein, are located for the use or entertainment of persons patronizing the establishment.
(g) "Person" means any individual, partnership, corporation or any other entity by whatever name designated.
(h) "Good moral character" means one who has not been convicted of a felony or a misdemeanor within five years next preceding the date of application for a license pursuant to this chapter, involving prostitution, drugs, fraud, deceit, moral turpitude or gambling.
749.02. License required.
(a) No person shall locate, cause to be located or permit to be located any pool and/or bowling hall in the City without first obtaining a license therefor as defined herein from the Director of Finance in the manner and form provided by this chapter.
(b) No license herewith shall be issued to any person who is under the age of majority in this State or who, having been previously licensed, has had such license revoked pursuant to this chapter.
(c) No license shall be granted for a pool and/or bowling hall located, or to be located, within 500 feet of the boundaries of a parcel of real estate occupied by any school building, public library, park, playground or place of worship; unless the pool tables or bowling lanes are a part of the facilities of the school building, public library, park, playground or place of worship. Furthermore, this provision shall not apply to a duly licensed pool and/or bowling hall in existence at the time a school, public library, park, playground, place of worship moved within the proscribed distances in this section.
749.03. Application for pool and/or bowling hall.
(a) Application for a license to own and/or operate a pool and/or bowling hall shall be made to the Director of Finance upon such forms prepared therefor by him, and must include a twenty-five dollar ($25.00), nonrefundable, application fee to be deducted from the license fee if the application is approved.
(b) Each applicant for a license defined herein shall set forth on the application provided therefor all the information requested therein, including but not limited to, the name and home address of the applicant, the name and home address of the owner of the business, the name and home address of the operator of the business, the business name and address, as well as, the address where the hall (that is pool and/or bowling) will be located or is located, and the make, model and serial numbers of each pool table in the establishment. The applicant as well as the owner and the operator of the business shall sign the application.
(c) The Police Division shall review the application, determine whether applicant meets the "good moral character" definition in Section 749.01(h), and recommend the approval or denial of the application to the Finance Director.
(d) The Finance Director shall issue a pool and/or bowling hall license to an applicant if that applicant is the owner and/or operator (to be) of the pool and/or bowling hall, meets all the requirements of this chapter, received an approval recommendation from the Police Division, and has paid all fees relevant hereto. The person in whose name the license is issued is responsible and liable for payment of the license fees.
749.04. License fee, expiration date, renewal.
(a) The annual, nonproratable, license fees for a pool hall are:
(1) For a hall having one or more pool tables but not exceeding four tables, fifty dollars ($50.00) per table.
(2) For a hall having five or more pool tables but not exceeding ten tables, two hundred fifty dollars ($250.00).
(3) For a hall having eleven or more tables but not exceeding twenty-five, four hundred dollars ($400.00).
(4) For a hall having twenty-six or more tables, four hundred dollars ($400.00) plus fifteen dollars ($15.00) per table over twenty-five.
(b) The annual, nonproratable, license fees for a bowling hall are: twenty dollars ($20.00) per alley or lane, with a minimum fee of sixty dollars ($60.00).
(c) The pool hall license shall be valid from October 1 of each year through September 30 of the following year, unless revoked pursuant to the provisions of this chapter.
(d) The bowling hall license shall be valid from April 1 of each year through March 31 of the following year, unless revoked pursuant to the provisions of this chapter.
(e) Any renewal application for a pool and/or bowling hall license shall be submitted to the Director of Finance not earlier than sixty days but at least thirty days prior to the expiration date of the license.
749.05. Display of license; transfer of license.
(a) The owner and/or operator of a pool and/or bowling hall shall display the license issued pursuant to this chapter at the place of business or location listed in the application for the license and in full view of the patrons of the establishment.
(b) No person issued a license under the provisions of this chapter shall sell, assign or transfer it to any other person. A license issued under the provisions of this chapter shall be void in the hands of any person, or at any location, other than the one to whom, or for which, it was issued.
(c) No person issued a license under the provisions of this chapter shall transfer it from one location to another unless such licensee requests such transfer in writing from the Director of Finance on the form provided therefor and pays the five-dollar ($5.00), nonrefundable, transfer application fee. The transfer application is subject to approval by the Director of Finance with the concurrence of the Commissioner of Inspection.
749.06. Clear view of interior; sanitary conditions.
(a) A pool hall shall be so constructed and maintained that a clear view of the interior of such place may be had from the street on which such place of business is located and shall be free from any screens, partitions, fixtures or obstructions which may in any manner interfere with a clear view from the abutting street; provided, however, that a pool hall which is not located on the ground floor, or which room does not directly front on or abut onto any street, shall be so constructed and maintained that a clear view of the interior is had from any entrance to such room.
(b) No person who owns, keeps, conducts or operates any pool and/or bowling hall shall refuse or fail to maintain it at all times in a clean, healthful and sanitary condition.
749.07. Betting with minors prohibited; minors prohibited.
(a) No person who owns, keeps, conducts or operates any pool or bowling hall, as defined herein, shall permit or allow any person under the age of majority to play thereon or use any pool table or bowling alley and/or to be, or remain in, or frequent any room where a pool table or bowling alley is located, between or during the hours of 11:00 p.m. through 3:00 p.m. except if attendance by the minor is because of a school related activity, or school is not in session, or the minor is accompanied by his or her parent or legal guardian, then, this provision does not apply.
(b) No person shall entice any person under the age of majority to engage in a game of pool, billiards or bowling, for money or other valuable thing in a pool or bowling hall, or make a wager with such minor upon the result of a game or games of pool, billiards or bowling in a pool or bowling hall.
(c) No person under the age of majority shall enter or remain in a pool or bowling hall within the City and/or play upon or use any pool table or bowling alley found in a pool or bowling hall within the City between or during the hours of 11:00 p.m. through 3:00 p.m. except, if attendance by the minor is because of a school related activity or school is not in session or the minor is accompanied by his or her parent or legal guardian, then this provision does not apply.
* * *
749.09. Card games and gambling prohibited.
(a) No card game for purposes of gambling shall be allowed, permitted or encouraged, in or at any pool and/or bowling hall.
(b) No person shall keep and/or exhibit a pool table or bowling alley for the purpose of gambling or allow it to be so used.
749.10. Revocation, suspension of license; hearing.
(a) The Director of Finance may suspend a license issued pursuant to this chapter, by mailing to or serving the licensee with written notice thereof, if the Director of Finance determines that the licensee received a pool and/or bowling hall license in violation of Section 749.02(b) or (c) and/or Section 749.03. The licensee shall have ten consecutive business days to respond to the suspension and correct any deficiencies thereof. If the licensee fails, refuses or is unable to correct the deficiencies within the ten days provided herewith, then the suspension shall become a revocation of the license and the revocation shall become effective upon written notification mailed to or served on the licensee by the Director of Finance after the expiration of the ten days provided herein.
(b) The Director of Finance, upon written notice mailed to or served on the licensee, may suspend, for a period not to exceed thirty days, a license issued pursuant to this chapter if it is determined by the Director of Finance, and the Director of Public Safety concurs, that the licensee is in violation of Sections 749.05 or 749.06. If during the suspension period the licensee fails, refuses or is unable to remedy the violation which caused the suspension, then the license shall be revoked, at the expiration of the suspension period, upon written notice mailed to or served on the licensee by the Director of Finance.
(c) The Director of Finance shall revoke a license issued pursuant to this chapter, upon written notice mailed to or served on the licensee, if the licensee is convicted of violating Sections 749.07, 749.08(a), (b) or (c) or 749.09. The Director of Finance shall, upon written notice mailed to or served on the licensee, suspend the license of any licensee charged with violating the provisions cited herein and the suspension shall be in effect pending the outcome of such charge in a court of law. An administrative hearing for revocation and/or suspension of a license, pursuant to this provision is not, therefore, required.
(d) A licensee may request a hearing, within three consecutive business days after receipt of a revocation notice, (except as provided in subsection (c) hereof) before a panel comprised of the Director of Public Safety, Director of Public Service and the Director of Law, or their respective designees. The hearing shall be held within ten consecutive business days after the hearing is requested. The decision of the panel is final.
749.99. Penalty.
(a) Whoever violated Section 749.02(a), 749.07, 749.08(a), (b) or (c) shall be guilty of a misdemeanor of the first degree.
(b) Whoever violated Section 749.05, 749.06 or 749.09 shall be guilty of a minor misdemeanor.
Is hereby repealed.
SECTION 14. That Toledo Municipal Code, Part 7, Chapter 755, which read as follows; 755.01. Scope.
The provisions of this chapter shall apply to all establishments, locations and/or places where soft drinks or like beverages are sold which are now existing and which may be established or conducted in the future.
755.02. License required.
No individual, firm, corporation or institution shall engage in the sale or distribution of soft drinks or like beverages without first having obtained from the Department of Finance a license to do so; provided that this chapter shall not apply to persons engaged in the business of a retail druggist, if such person is registered as a pharmacist under the laws of the State of Ohio.
755.03. Application for license.
Application for such license shall be made in writing upon blanks furnished by the Department of Finance, which application shall contain the name of the applicant, his address, the name of his former or present employer, if any, the names of three persons who may be referred to as to the applicant's character and the applicant's own statement as to his arrest and conviction, if any, for violating any of the laws of the State of Ohio, and such other information as the Department of Finance may require.
These applications shall be filed with the Department of Finance and shall be referred to the Director of Public Safety for report upon the application.
755.04. Issuance of license.
If the Director of Public Safety is satisfied that the applicant is of good moral character and is a suitable person to engage in such business, the Department of Finance shall grant the application and issue the license.
755.05. Notice of refusal to grant license.
If upon adverse recommendation of the Director of Public Safety the Department of Finance refuses to issue such license, it shall notify the applicant in writing within ten days after its act of refusing the license.
755.06. Right of appeal; power of Board.
The person so refused a license shall have the right to appeal to a Board composed of the Director of Natural Resources, the Director of Public Service and the Director of Law, which Board, after full hearing, shall have the power to sustain or modify the decision of the Department of Finance, and shall have the power to order the license granted, and the action of the Board shall be final.
755.07. Perfecting appeal.
In order to perfect his appeal, the applicant shall leave notice in writing of his intention to appeal at the office of the Department of Finance within ten days after the receipt of notice from the Department of Finance that his application has been rejected.
755.08. License fee; expiration date.
The fee to be charged for licenses under the provisions of this chapter shall be twenty dollars ($20.00) per year, payable in advance at the time such license is granted. All licenses shall expire on March 31 of each year.
755.09. Revocation of license.
The Department of Finance, upon the recommendation of the Director of Public Safety, may revoke the license of any individual, firm, corporation or institution granted under the provisions of this chapter whenever the individual, firm, corporation or institution so licensed has been convicted for any violation of any of the provisions of this chapter or any law or ordinance relating to soft drink parlors which is now in force, or which may hereafter be adopted, or whenever, by reason of incompetency, negligence, gross misconduct or conviction of a felony, the Director of Public Safety is of the opinion that the same ought to be revoked.
755.10. Notice of revocation of license.
The Department of Finance shall notify in writing the individual, firm, corporation or institution whose license has been revoked within ten days after its act of revocation.
755.11. Right of appeal; power of Board.
The individual, firm, corporation or institution whose license is revoked by the Department of Finance may appeal to a Board composed of the Director of Natural Resources, the Director of Public Service and the Director of Law which Board, after full hearing, shall have the power to sustain, modify or reverse the decision of the Department of Finance, and the action of this Board shall be final.
755.12. Perfecting appeal.
The individual, firm, corporation or institution appealing from a decision shall be required to leave notice in writing of intention to appeal at the office of the Department of Finance within ten days after receipt of such revocation notice from the Department of Finance.
755.13. New license after revocation.
When a license has been revoked, no new license shall be issued to the same individual, firm, corporation or institution until after the expiration of at least one year.
755.99. Penalty.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day's violation shall constitute a separate offense.
Is hereby repealed.
SECTION 15. That Toledo Municipal Code, Part 7, Chapter 761, which read as follows; 761.01. Scope.
Telephone booths for the convenience of the general public may be installed and maintained within public rights-of-way in the City by the Ohio Bell Telephone Company, in the manner and subject to the conditions and regulations prescribed by the following sections of this chapter.
761.02. Permits required.
No telephone booth shall be installed or maintained except with the consent of the adjacent property owner and after a permit is obtained from the Director of Finance on forms prescribed by him. All applications shall first be referred to the Commissioner of Transportation who shall determine whether the specific location complies with the provisions of this chapter and that the maintenance of a booth at the proposed location will not tend to obstruct passage or create a hazard to persons using such public rights-of-way, and the Commissioner of Transportation shall only approve such location if he finds that:
(a) In the event the booth is erected on a sidewalk it shall be installed next to the building or property line or not less than eighteen inches from the curb line; and further that such booth shall not be erected in mid-walk and shall be erected upon a sidewalk not less than fourteen feet in width;
(b) The booth to be erected is not to be located upon any area designated as a bus stop so as to interfere with the use of such area for the same purpose;
(c) The booth to be erected shall be located at a sufficient distance from an intersection so that the vision of motorists shall not be obscured;
(d) The booth shall be adequately illuminated during the periods between sunset and sunrise;
(e) The owner of the adjoining property has given approval in writing of the proposed location; and
(f) The remaining width of the sidewalk will accommodate the daily maximum pedestrian traffic satisfactorily without bottlenecking.
The Commissioner of Transportation may withdraw his approval at any time and require the relocation or removal of any booth erected.
761.03. Application for permits.
(a) An application for a permit shall be submitted to the Director of Finance disclosing the name and address of the applicant and the location of the proposed booth, together with any other information required of him. One application may be made for one or more booths and one permit may be issued for one or more booths.
(b) The applicant must file with the application for a permit the written consent of the abutting property owner for the installation of such telephone booth.
761.04. City to receive percentage of income.
The City shall receive seventeen percent of the gross income of each booth to be paid monthly. All moneys collected shall be paid over to the Commissioner of Taxation and Treasury and be placed to the credit of the General Fund. Permits shall not be assignable.
761.05. Liability.
The applicant by accepting a permit for the installation of a telephone booth at a specified location agrees to indemnify and save harmless the City, its officers and agents from and against any and all loss resulting from injury to or death of persons or damage to property arising out of, resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, repair, replacement or removal of such telephone booth, or by the acts or omissions of the employees or agents of the permittee in connection with such telephone booth, except only when such injury, death or damage is caused by the sole negligence of the City, its employees or agents, and such loss shall include all costs, charges, expenses, payments and reasonably incurred attorneys' fees in connection with such injury, death or damage.
The Director of Finance shall immediately notify the permittee of any claim of which the City has notice where such claim arises out of the presence, location, use, operation, installation, maintenance, repair, replacement or removal of such telephone booth.
761.06. Revocation of permits.
Any permit issued under the authority of this chapter may be revoked by the Director of Finance for any of the following reasons:
(a) Violation by the permittee of any of the provisions of this chapter.
(b) Fraud or misrepresentation in the application.
(c) Failure to comply with Section 761.05.
(d) If continued maintenance of a booth at a specified location is deemed by the Commissioner of Transportation to be a hazard to pedestrian or vehicular traffic or be prejudicial to the public interest.
761.07. Booth removal upon permit revocation.
If the permittee shall not remove a booth at the location for which the permit has been revoked or upon expiration of the permit without renewal, the Director of Finance, after giving fifteen days' notice thereof in writing, mailed to the address of the permittee as it appears in the application, may cause the booth to be removed and charge the cost of such removal, the storage thereof and the cost of restoring the pavement against the permittee. The permittee may recover the booth and equipment if he pays such costs within thirty days after such removal, otherwise title to such booth and equipment shall vest in the City and the permittee's rights shall be forfeited.
761.99. Penalty.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
Is hereby repealed.
SECTION 16. That this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, health, safety and property, and in the interest of removing the burden of these provision upon the residents of Toledo.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council