Hawthorne Municipal Code Ch. 5.78 Vending Machines

For the purpose of this chapter the following words and phrases shall have the meanings indicated:

"Cigarette vending machine"

means any automatic vending machine used for the sale of cigarettes and matches, or any other form of tobacco, and controlled by the insertion of a coin, token or thing of value.

"Merchandise vending machine"

means any automatic vending machine not otherwise regulated by this code, used for the sale of merchandise, including service, food and confections, and controlled by the insertion of a coin, token or thing of value.

"News vending machine"

means any automatic vending machine used for the sale, delivery or free distribution of newspapers, magazines, books or other publications of any and every kind, nature or description whatsoever.

(Prior code § 6-700)

Every person engaging in operating vending machines shall pay a license fee based on the schedule set out in Chapter 5.48 of this code, except that no license fee shall be charged for operating any news vending machine used for the sale, delivery, or free distribution of any newspaper as defined in Section 5.20.050(B) of this code.

(Prior code § 6-701.; Ord. 1-28 § 2, 1972)

Every person engaging in the business of operating any weighing device, scales or similar apparatus, for the use or operation of which there is required to be deposited therein a coin, token or thing of value, shall pay a license fee of two dollars per year for each such machine.

(Prior code § 6-702)

Any mechanical device operated or maintained in violation of any law of the state, or of any provisions of this code, or of any conditions upon which a permit or license may be granted or of any lawful order of the chief of police, shall be deemed to be a public nuisance and shall be impounded by the chief of police and, if any court of competent jurisdiction determines that said device, or the use or operation thereof, violates or has violated any of such laws or ordinances, conditions, or orders, said mechanical device shall be confiscated by the chief of police. Likewise if any such device is placed, operated or maintained to be operated without a current license, the chief of police shall immediately cause the same to be impounded and shall not release said mechanical device until a new permit has been obtained in the manner provided for in this code for obtaining an original permit. Mechanical devices impounded under the provisions of this section shall be held for a period of thirty days and if not redeemed within such period, may be destroyed or otherwise disposed of by the chief of police, and any proceeds obtained from the disposal thereof shall be deemed forfeited to the city to compensate it for the impounding of such device.

(Prior code § 6-703)

Every mechanical device described in this chapter shall have displayed thereon a tag or disc supplied by the director of licensing and code enforcement which shall evidence that a license has been procured. Failure to display said indicia of license shall subject the machine to impounding provisions as established in Section 5.78.040. No authorized person shall remove, deface or injure an indicia of license from any mechanical device.

(Prior code § 6-704.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

It is unlawful for any person to place, keep or maintain, or to authorize, direct, permit or participate in any manner whatsoever in the placement, keeping or maintaining of any vending machine, whether of the nature defined in Section 5.78.010, or otherwise, or any part or portion thereof, on any public street, sidewalk, alley, park or other public property in the city for the purpose of selling, delivering or distributing free of charge therefrom any product, service, merchandise, publication of any other kind or nature whatsoever, unless such person shall first procure the issuance of liability insurance with respect to such vending machine with limits of liability at least equal to the limits of liability of insurance carried by the city with respect to such public property.

Proof of the issuance of such liability insurance in form approved by the city attorney shall be filed with the director of licensing and code enforcement, who shall thereupon issue a stamp to be affixed to such vending machine indicating compliance with the requirements of this section and the date of issuance of such stamp. The liability insurance required by this section shall protect members of the public from loss or injury arising from or casually connected in any manner whatsoever with the use, maintenance or operation of such vending machine on such public property and shall also indemnify the city from any loss or damages arising therefrom.

(Prior code § 6-705.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

No cigarette vending machines, merchandise vending machines, news vending machines, or other coin-operated commercial vending machines shall be placed within the street, gutter, curb or sidewalk area immediately within or adjacent to a bus zone that is authorized and established pursuant to Chapter 10.44 of this code.

(Prior code § 6-707.; Ord. 1095 § 1, 1975)