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259-39 FOR A PEi~ALTY ~'O~ 'i'~.~ t~a~i.d.iq, USE 0R OFE~TiON OF SUCH ~,~CHINE 0R DEVIU~ .~l~Ul ,:~uCH LIUEi~3E BElonG OBTAINED. ~=tt:L~.:~ an emer~sncy exists in the City of Delray ~each, Florida ~l,~= to tha o,_~ ..... c .~ =~.~, ~,,.t there is no ordinance pro- riding for a license tax upon ~rmchines or devices operated by coin or otherwise. ~nd ~.~Et~E~ the City of Delray Bec:ch is losin~ considerable revenue through the unlicensed operation of such machines or devices, NOW, THEREFORE, be it ordained by the City Council of the City of De!ray Beach, ~lor~aa: 1 It shall be unlawful to possess, use or operate within the city limits of the City of Delray Beach, Florida any machine or device which is adapted for use in such a way that as a result of the insertion of any piece of money or coin or other obje~t, such ~ohi~e or device is ca~sed to operate or may be opersted, or such machine is caused to operate or may be operated by other methods, and by reason of any element of chance or other outcome of such operation u~predictable b? hi~, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value or any check, slug, token~ or memorand~i, w~eth~r of value or otherwise, which may be exchanged for any money, credit, allowance or anything of value, or which may be given in trade, or the user may secure additional chances or rights to use such machine or device, even though it may, in addition to any ele:~en~ of chance or unpredictable outcome of such operation, also sell, deliver, or present some merchandise, indication of weight, entertainment, or'other thing of value, without a license for the operation of such machine or device being first obta~ed from the City Clerk of the City of Delray Beach, Florida. 2. The amo~t of ti~e license tax of e~ch suc~ machine or device is hereby fixed at One Hundred Dollars (~100.00) per year. A license may be issuea roi~ a six ~:~o~ths' period from October 1st to April 1st, or fro~ April 1st to October 1st, for ?Arty Dollars (~i50.00). Such license ~us~; be affixed to the n~achi~e for which it is issued and ~'~st be kept thereon during the period for vd~ich it is issued. 3. This ordinance shall not apply to trade boards es de:'ined by the general license law of the City of Delray Beach, Florida. 4. This ordi~,ance shall not be co~strued to in any wey licens~ the ooeration of any gambling m~-~chine or device and in the event any machine or device operzted u~der a license as -orovided by thi~ ordinance is deter ~ined to be a gambling machine or device the license issued therfor sh~ll oecome null and void. 5. Any person viol~ting any of t~e provisions of this ordinance shall be ounished by a fine not exceeding Five Hundred Dollars (~500.00) or by imprisom~ent in the city jail not exceeding ninety (90) days or by both such fine and imprisonment in the discretion of the co,rt. 6. This is an e~aerg~ncy ordinr~,nce ~nd shall take effect on its passage upon second reading. Passed on second and final reading:, on this the ~' A.D. 1939. ~ ~a day of January, Attest: ~mS~i ~i ~C[tf :60uncil ~ S~ ~E ~ ~~ F~ A ~~ F~ ~ P~SI~, USE ~'~ OF SU~{ ~OHI~ ~ ~ ~,~I~T SUCH LICENSE ~G ~TA~. 5~ ~ e~ency e~sts in tho City of DoI~ ~a~ Florida due to t~ fact that the~ ia no orinoco pro~ for a t~ upon ~chi~s or de~s o~ra~d by co~ or othe~me, ~d ~?~ the City of Delr~ Beach is loai~ c~i~ble ~n~ thro~h the ~censed o~ti~ ~ such ~c~es or ~vices, NO;f, ~~, ~ it or. ned by the City Co. oil of the City of ~lray Beach, Flori~: 1. It sh~ ~ ~a~ to pos~ss, u~ er o~ wit~ the city ~ts of the City of Del~ Beach, FloOds any ~chi~ or d~ce ~ich is adapted for u~ in such a ~y that as a ~s~t of the ~i~ of a~ piece of ~ney or coin or other object, such machi~ or de. ce cau~d to ~rate or ~y be opera, d. or such machine ,~ is to operate or ~y be o~ted by other ~thods, and by reason ~ ~ el~t o of c~ce or other ~tc~ of such o~ti~ ~p~diotable by h~, t~ user ~y ~cei~ or ~come enticed to ~cei~ anj piece of money, c~t, all~ ~ce or t~2 of value or any check, talus, to~n, or memo~, whether of ~lue or etD~se, which ~y ~ exch~d for a~ money, c~dit, or ~~ of v~ue, or ~ch ~y ~ gi~n in t~de, or the user addition~ ch~ces or rights to use such ~~ or d~ice, e~n ~o~h ~ in a~tion to a~ ele~nt of chance or ~p~ctab~ outc~ of o~ration, also sell, deli~r, or p~sent so~ ~rc~di~, ~a~on of weight, ente~i~nt, or other t~ of value, without a li~nae for ~e operation of such ~c~e er de~ce ~i~ f~st ob~in~ f~ the City Cle~ of the City of ~lr~ ~ach, Flori~. 2. ~e ~t of the ~cense ~ of each such ~chine or is he.by find at ~e H~d Do.rs (~1~.~) ~r year. A ~~ ~ is~d for a s~ ~nthe~ ~ fr~ ~to~r 1st ~ Ap~l la~, or / April let t~ Oet~er la%, for Fifty Dollarl ($50.00)o Such ~enae ~f~ ~e ~ ~e~ f~r ~ i~ i~ is~,~ed a~ ~et ~ kept ~e ~ f~ ~i~ it is issued. ~. ~8 or~ee ~ not app~ to t~ ~s as ~f~d ger~r~ license ~w of the City of Delr~ ~ach~ Fluids. ~. ~l o~ce s~ not ~ c~t~d to in ~ ~y ~nee ~tl~ of ~ g~~ ~.ch~ or de. ce ~ ~ the e~nt ~ o~ra~d ~der a ~cense as pried by ~is ord~ce is dete~!~ed g~~ ~ch~ or ~vi~ the ~eense issued ~e~f~ sh~l bec~ m-l] ~id~ 5. ~ ~rsom ~elag~ ~y of ~e pro~alo~ of t~s ~ p~ed by a f~e not e~e~ Fiw H~d Do~r~ ($~.~) p~so~nt ia the ~ty J~l not e~ee~ ~ty (~) day~ or by both ~d ~eo~t in the ~~on of ~e 6. ~is is ~ e~r~ency ~din~ce a~d sh~l take effect ~w~e upon ~oond ~adi~. Pas~ on ~e~d ~d f~ ~~ ~ t~s ~e 2~ ~ of Jan~ A, ~. of' Ap~ At~et~ ~or City ~erk