San Francisco County Municipal Code Art. 5 Electrical Musical Devices

Sec. 350. Definitions. Sec. 351. Requirements for Machines. Sec. 352. Unlawful Acts. Sec. 353. Application for Permit. Sec. 354. Action on Application. Sec. 355. Investigations. Sec. 356. Disapproval of Application – Conditions Corrected – Approval. Sec. 357. Issuance or Denial of Permit. Sec. 358. Permit Forwarded to Tax Collector. Sec. 359. License Fees. Sec. 359.1. Electrical Inspection Costs. Sec. 360. Contents of Licenses.

Sec. 361. Posting License in Premises. Sec. 362. Removal or Transferring of License to Other Person or Premises Prohibited. Sec. 363. No Prorating or Refunding of License Fees. Sec. 364. Notification of Issuance of License – Placing of Seal of Approval. Sec. 365. Application for Renewal of License or for Additional License. Sec. 366. Procedure Where No Current License. Sec. 367. Suspension, Revocation or Reinstatement of a Permit, Procedure For. Sec. 368. Rules and Regulations to be Adopted. Sec. 369. Ascertainment of Compliance With All Laws, Etc.– Inspection Therefor. Sec. 370. When Deemed a Public Nuisance – Procedure Thereon. Sec. 371. Violation, a Misdemeanor. Sec. 372. Permit and License Required Notwithstanding Any Other Provision of Code. Sec. 373. Partial Repeal. Sec. 374. Effective Date. Sec. 375. Saving Clause – Nonwaiver of Debts Due and Unpaid.

SEC. 350. DEFINITIONS. As used in this Article, the following words shall have the following respective meanings: "Electrical Musical Device" shall mean any machine, apparatus or device operated or which may be operated by electricity and designed or constructed for the purpose of producing or playing any musical tone or tones or combination of tones; and the use, operation or playing of such machine, apparatus or device which is permitted or allowed by the deposit of any coin, slug or token in any slot or receptacle attached to said machine, apparatus or device, or connected therewith; and which machines, apparatus or device does not dispense any Article or thing and cannot be operated as a game or contest. "Owner or Operator of an Electrical Musical Device" shall mean: (a) Any owner of such electrical musical device who operates or permits same to be operated in his place of business or in any place under his control, or who installs or maintains to be operated the same in any place where the same can be operated by person in or about said place; (b) The person in whose place of business any such electrical musical device is placed for the use or patronage of the public or of persons in or about said place; (c) Any person having control over such electrical musical device. "Person" shall mean any corporation, association, syndicate, joint stock company, partnership, club, Massachusetts business or common law trust, society or individual. (Added by Ord. 785, App. 8/21/40) SEC. 351. REQUIREMENTS FOR MACHINES. Every electrical musical device shall have a seal or tag permanently attached thereto showing the serial number of the electrical musical device; and, in addition thereto, a label indicating the name and address of the manufacturer and the voltage and current necessary for the proper operation of said electrical musical device. Every portable electrical musical device shall be equipped with not more than six feet of electric cord of a type approved by the Department of Public Works, and shall be connected to a convenience plug receptacle adjacent to said electrical musical device. Where it is necessary to install electrical wiring to said electrical musical device location, said wiring shall be installed by a registered electrical contractor in accordance with the provisions of Article 1, Chapter III, Part II, of the San Francisco Municipal Code. (Added by Ord. 785, App. 8/21/40) SEC. 352. UNLAWFUL ACTS.

It shall be unlawful for any owner or operator of an electrical musical device to install, operate or maintain to be operated any electrical musical device in the City and County of San Francisco without first having obtained a permit in writing so to do from the Director of Public Works and having the seal of approval as hereinafter provided for, placed on each of said electrical musical devices. It shall be unlawful to remove said seal of approval from said device to which it was attached, as provided for in this Article, and affix same to another device or machine. (Added by Ord. 785, App. 8/21/40) SEC. 353. APPLICATION FOR PERMIT. Application for said permit shall be made to the Director of Public Works on forms provided by the Department of Public Works, shall be signed by the applicant, and shall contain the following information in addition to whatever additional information is deemed necessary by the Director of Public Works: (a) Name and address of the applicant; (b) A complete description of the type of electrical musical device and the manner in which it is to be placed, maintained to be operated or operated; (c) The total number of electrical musical devices to be placed, maintained to be operated or operated for which the permit is requested. (Added by Ord. 785, App. 8/21/40) SEC. 354. ACTION ON APPLICATION. The application for said permit shall be acted upon by the Director of Public Works within 10 days after the filing of such application. (Added by Ord. 785, App. 8/21/40) SEC. 355. INVESTIGATIONS. Upon receipt of said application, the Director of Public Works shall cause to be investigated the statements as set forth in the application. He shall determine whether such electrical musical device complies with the ordinances of the City and County of San Francisco and the rules and regulations of departments concerned. (Added by Ord. 785, App. 8/21/40) SEC. 356. DISAPPROVAL OF APPLICATION – CONDITIONS CORRECTED – APPROVAL. In the event that the application for said permit is disapproved, the Director of Public Works shall notify the applicant for said permit of such fact. Upon receiving said notice from the Director of Public Works, the applicant shall have the opportunity of correcting such conditions as have been disapproved. This correction shall be made within 10 days after receipt of said notice; and, if such conditions have been corrected to the satisfaction of the Director of Public Works, the permit may be issued. (Added by Ord. 785, App. 8/21/40) SEC. 357. ISSUANCE OR DENIAL OF PERMIT. If the Director of Public Works approves the granting of said permit he may issue a permit to said applicant, which permit shall be

serially numbered and the renewal or continuance thereof shall be governed by the provisions of Section 23, Article 1, Part III, of the San Francisco Municipal Code. The Director of Public Works may in the exercise of sound discretion, deny said permit. (Added by Ord. 785, App. 8/21/40) SEC. 358. PERMIT FORWARDED TO TAX COLLECTOR. When any permit is issued under the provisions of this Article, the Director of Public Works shall cause said permit to be forwarded to the office of the Tax Collector for delivery to the permittee upon the payment of the fees as hereinafter set forth. (Added by Ord. 785, App. 8/21/40) SEC. 359. LICENSE FEES. Every holder of an electrical musical device permit shall pay at the office of the Tax Collector a monthly license fee of $2, plus a monthly license fee of $1 for each separate electrical musical device which the permit authorizes, payable quarterly in advance, for the periods ending on the last days of September, December, March and June, of each fiscal year. Provided, that when any one of the persons mentioned in Subdivisions (a), (b) and (c) of Section 350 of this Article, which subdivisions define the term "Owner or Operator of an Electrical Musical Device," obtains a permit and a license for the maintenance or operation of said electrical musical device, the said permit and license shall cover each of the persons mentioned in said Subdivisions (a), (b) and (c) of Section 350 of this Article. (Added by Ord. 785, App. 8/21/40)

In calculating the fees earned by the Electrical Inspection Division of the Department of Public Works pursuant to the provisions of Section 24 of the Charter of the City and County of San Francisco 10 percent of the license fees derived pursuant to Section 359 of this Article shall be credited to said Division. (Added by Ord. 785, App. 8/21/40) SEC. 360. CONTENTS OF LICENSES. The Tax Collector shall issue a license for such electrical musical devices for which the fee was paid, showing thereon the: (a) Name and address of the permittee; (b) Number of electrical musical devices the permit authorizes; (c) Serial number of the permit and the expiration date of the license. (Added by Ord. 785, App. 8/21/40) SEC. 361. POSTING LICENSE IN PREMISES. The license shall be permanently and conspicuously posted at the premises of the permittee, and shall not be removed from said location during the period for which said license was issued. (Added by Ord. 785, App. 8/21/40)

SEC. 362. REMOVAL OR TRANSFERRING OF LICENSE TO OTHER PERSON OR PREMISES PROHIBITED. Nothing in this Article shall permit the removing or transferring of the license to any other person or premises other than those for which the license was originally issued. (Added by Ord. 785, App. 8/21/40) SEC. 363. NO PRORATING OR REFUNDING OF LICENSE FEES. License fees paid under the provisions of this Article shall not be prorated or refunded. (Added by Ord. 785, App. 8/21/40) SEC. 364. NOTIFICATION OF ISSUANCE OF LICENSE – PLACING OF SEAL OF APPROVAL. Upon the issuance to the permittee of the license as provided for in this Article, the Tax Collector shall immediately notify, in writing, the Director of Public Works of such fact. Upon receipt of such notification, the Director of Public Works shall cause to be placed in a conspicuous and uniform place on each of said electrical musical devices for which a permit and license was obtained, for the public to see, a seal of approval of such shape, design, wording and materials as the Controller shall specify. Said seal of approval shall remain in full force and effect for such period of time as the permit provided for in this Article is effective. Upon revocation of such permit said seal of approval shall be removed by the Director of Public Works from such device and destroyed. (Added by Ord. 785, App. 8/21/40) SEC. 365. APPLICATION FOR RENEWAL OF LICENSE OR FOR ADDITIONAL LICENSE. Application for renewal of license shall be made to the Tax Collector and shall be made within 10 days prior to the expiration of the current license. If said application for renewal of license be not made within the time specified, the permit authorized by this Article shall become automatically null and void. Whenever a licensee, as provided for in this Article, desires to install, operate or maintain to be operated electrical musical devices in addition to the number of said devices authorized by his current permit and license, the provisions of this Article shall apply; provided, that the monthly license fee of $2 shall not be required to be paid. (Added by Ord. 785, App. 8/21/40) SEC. 366. PROCEDURE WHERE NO CURRENT LICENSE. If any electrical musical device is placed, operated or maintained to be operated without a current license, the Director of Public Works shall immediately cause same to be impounded and shall not release said electrical musical device until a new permit has been obtained as provided for in this Article for obtaining an original permit, and a penalty of twice the amount of the delinquent quarterly license fee plus the quarterly license fee for the current period has been paid to the Tax Collector. Electrical musical devices impounded under the provisions of this Section shall be held for a period of 90 days and if not redeemed within such period shall be destroyed or otherwise disposed of by the Director of Public Works. (Added by Ord. 785, App. 8/21/40)

SEC. 367. SUSPENSION, REVOCATION OR REINSTATEMENT OF A PERMIT, PROCEDURE FOR. When the Director of Public Works shall determine that the permittee or any of the permittee's servants, agents or employees, in the use, operation or maintenance of any such electrical musical device is violating or attempting to violate any law of the State of California or any ordinance of the City and County of San Francisco or the rules and regulations of any department thereof concerned; or, if in the opinion of the Director of Public Works it is deemed necessary for the protection of the public, the Director of Public Works, after written notice to the permittee, shall have power to suspend and, after due and proper hearing, shall have power to revoke, any permit issued under the provisions of this Article. The Director of Public Works shall cause to be forwarded to the Tax Collector written notice of any revocation, suspension or reinstatement of any permit herein provided for. (Added by Ord. 785, App. 8/21/40) SEC. 368. RULES AND REGULATIONS TO BE ADOPTED. The Director of Public Works is authorized to adopt, promulgate and enforce such rules and regulations regarding electrical musical devices as will enable the Department of Public Works to enforce and carry out the meaning and intent of this Article. (Added by Ord. 785, App. 8/21/40) SEC. 369. ASCERTAINMENT OF COMPLIANCE WITH ALL LAWS, ETC. – INSPECTION THEREFOR. It shall be the duty of the Director of Public Works to ascertain that all of the provisions of this Article, all ordinances of the City and County of San Francisco and the rules and regulations of any departments thereof concerned, pertaining to electrical musical devices are strictly complied with, and for that purpose the representatives of the Department of Public Works shall have access to any electrical musical device at any and all times, and same shall be inspected by the representatives of the Department of Public Works as often as may be deemed necessary. (Added by Ord. 785, App. 8/21/40) SEC. 370. WHEN DEEMED A PUBLIC NUISANCE – PROCEDURE THEREON. Any electrical musical device operated or maintained to be operated in violation of this Article or any ordinances of the City and County of San Francisco or the rules and regulations of any state or municipal departments concerned shall be deemed to be a public nuisance, and any such electrical musical device so operated or maintained to be operated shall be impounded by the Director of Public Works; and, if any court of competent jurisdiction shall determine that said electrical musical device, or the use or operation thereof, violates or has violated any of said ordinances, the rules or regulations, said electrical musical device shall be confiscated by said Director of Public Works; but, if said electrical musical device is one which may be legally operated under the provisions of this Article and is seized for the failure of the owner or operator thereof to obtain the necessary permit or to pay the necessary license fee for the maintenance or operation of said electrical musical device, said electrical musical device shall be dealt with as provided in Section 366 of this Article. (Added by Ord. 785, App. 8/21/40) SEC. 371. VIOLATION, A MISDEMEANOR. Any person violating any of the provisions of this Article shall be guilty of a misdemeanor.

(Added by Ord. 785, App. 8/21/40) SEC. 372. PERMIT AND LICENSE REQUIRED NOTWITHSTANDING ANY OTHER PROVISION OF CODE. The issuance of a permit or license under the provisions of this Article shall not exempt the permittee or licensee, notwithstanding any Section of the San Francisco Municipal Code or any Section of any ordinance of the City and County of San Francisco making any Section or Sections thereof inapplicable, from the provisions of the San Francisco Municipal Code or any ordinance or ordinances of the City and County of San Francisco requiring a permit of license. (Added by Ord. 785, App. 8/21/40) SEC. 373. PARTIAL REPEAL. Any and all ordinances, or parts thereof, in conflict with the provisions of this Article are hereby repealed but only to such extent as conflict may exist. (Added by Ord. 785, App. 8/21/40) SEC. 374. EFFECTIVE DATE. The effective date of this Article shall be October 1, 1940. (Added by Ord. 785, App. 8/21/40) SEC. 375. SAVING CLAUSE – NONWAIVER OF DEBTS DUE AND UNPAID. If any Section, Subsection, Subdivision, paragraph, sentence, clause or phrase of this Article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have passed this Article, and each Section, Subsection, Subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more other Sections, Subsections, Subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. The enactment of this Article shall not in any manner be construed as a waiver of any license or permit fee or any other fees or money due and unpaid under the provisions of the San Francisco Municipal Code or any ordinance of the City and County of San Francisco. (Added by Ord. 785, App. 8/21/40)