Delano Municipal Code Ch. 6.20 Music Devices

It is lawful to have, possess, use and operate amusement machines as herein defined, under the terms, conditions and regulations specified in this chapter but not otherwise.

(1959 Code §3700).

A "musical device" within the meaning of this chapter is a machine or mechanical apparatus producing music in any manner and operating by inserting coins therein.

(1959 Code §3701).

It is unlawful for any person either as principal, agent, servant or employee to possess, keep, or operate any machine or machines of the kind specified in this chapter without having procured a license therefor. Violations of this chapter shall be a misdemeanor, punishable as provided in Chapter 1.16.

(1959 Code §3702).

Applications for licenses under this chapter shall be divided into two classes, namely, "owner's license" and "operator's license." An owner's license may be issued to a bona fide resident of the city who is actively engaged in a business licensed by the city. Such "owners" must be bona fide owners of the machine for which a license is applied and must have and produce a bill of sale evidencing his title to such machine. A machine licensed under an "owner's license" must be used and operated only in the place of business of the owner. All persons other than "owners" and those qualifying for "owner's license" must apply for and obtain an "operator's license."

(1959 Code §3703).

The business license tax for "operator's license" and "owner's license" shall be eight-tenths of one percent of the annual gross receipts taken in by the machine or machines owned or operated in the city. The annual gross receipts shall be based on an affidavit filed with the license collector each year prior to July 15 showing the total gross receipts for the previous calendar year. In the event an owner or an operator has been in business for a period less than one full year, the license tax shall be paid based upon estimated annual gross receipts; and at the end of the first full year of operation, the estimated tax previously paid will be adjusted to the actual tax that would have been payable.

(Ord. 606 §2, 1973: 1959 Code §3704).

Either an operator's license or an owner's license as hereinbefore provided, may be transferred one time during any fiscal year, by the licensee thereof, to a bona fide purchaser upon the payment by the purchaser to the city of a sum equal to one-half of the cost of the original license.

(1959 Code §3705).

The year for the purpose of this license shall commence July 1st and end June 30th.

(1959 Code §3706).

In accordance with Section 16002.5 of the Business and Professions Code, the city may demand an audit of any such licensee and require him to submit a copy of the State Sales and Use Tax returns filed relative to such machines and a copy of any other tax statement filed with any government entity by him or by any other individual or firm owning, renting, leasing or operating such machines disclosing the gross receipts received from owning, renting, leasing or operating such machines.

(Ord. 606 § 3, 1973).