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O#207ORDINANCE NO. 207 AN ORDINANCE OF THE CITY OF BOYNTON BEACH IN PALM BEACH FLORIDA, LEVYING, ASSESSING AND IMPOSING A TA~ UPON THE S~I~ A~D USE, WI'-~IN SAID cITy OF TICKET CONTAINERS.F~R TRADE AND AMUSE- . MEN~ PEqPOSES AS DEFINED 'IN THIS ORDINANCE; PROVIDING FOR THE COL LECTION OF SAID TAX; PRESCRIBING PENALTIES FOR THE VIOLATION NERE_ OF; REPEALING, ADL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR 0THERPUP~OSES BE IT, AND IT IS HEREBY ORDAINED BY THE CITY CONMISSION OF THE CITY OF BOYNTON BEACH IN PALM BEACH COUNTY, FLORIDA: Section 1. DEFINITIONS: The following words and phrases as used in this ordinance, unless a different meaning is plainly implied by this context, shall have the following meaning: (a) "TICKET CONTAINERS FOR TRADE OR AMUSEMENT PURPOSE" Shall mean and include any board, card, spindle, envelope, box, Jar, or other object or vessel containing, or having attached thereto, tickets to be punched or pulled therefrom and designed or intended to be used in connection with the sale or distribution of merchandise, prizes or other things of value or for amusement purposes, and shall include, but shall not be limited to, any and all type? ~nd kinds of punch boa~s, trade boards, charlie boards, and containers of tickets. (b) ,DISTRIBUTOR" shall mean any person, firm or corooration who engages in selling or distributing or conveying any t~ckets or ticket containers for trade and amusement purposes, at wholesale, to another person, firm or corporation within the City for ulti- mate use by the public. (c) "OPERATOR" shall mean a retail merchant or other person, firm or corporation who shall display, offer for sale or sell any tickets for trade or amusement purposes to the. public by the use of ticket containers. Any one displaying, offering for sale, or selling the whole of such ticket containers, or tickets to be at- tached thereto or to be contained therein, shall be considered as a distributor. mean the City of Boynton Beach in Palm Beach (d) "CITY" shall County, Florida. Section 2. DUTY OF DISTRIBUTOR: It shall be the duty of each distributor to purchase from the Tax Coltectar of said C%ty tax stamps, which stamps shall in ne case be purchased in amount less than $~0.00 at a ti~e, and to affix to each ticket container for trade or amusement p~poses the requisite amount of such stamps. When so attached, said distributor shall write upon eacE such stamp~ in indelible ink, the serial number of the tickets to be punched or pulled therefrom. The Tax Collector of said City shall issue a rubber stamp, bearing an indentifying number, to each dis- tributor, who, by the nsc of said stamp and indelible ink, shall affix his number on the back of each container of tickets distri- buted by him. Tax stamps shall not be placed upon any container which does not bear such identifying number of a distributor. Tax StamBs ~all be securely affixed thereto by being glued to such container, and such stamos shall not be transferred from one con- tainer to another nor s~all they be used for more than one set of tickets. It shall be unlawful for anydistributor to offer for sale, or to distribute, or to sell, or for any operator to possess, display, offer for sale or to sell any ticket container for.trade or amusement purposes, or tickets to be p~muched or pulled therefrom, which does not have the requisite amount of tax stamps, bearing the serial number of the tickets therein contained or attached thereto, and the identifying number of the distributor thereof, properly affixed to such container as herein provided. All licenses for the operation of such ticket containers, or tickets, or the distribution thereof, are hereby made subject to this provision, and any such license hereafter issued shall be and remain subject to.this provision, and by the issuance of such license, the City reserves the right and privilege of entering any place where such ticket containers, or tickets are displayed for public use, in order that the same may be inspected. Any such ticket containers, or tickets possessed displayed~ offered for sale, or sold by an operator without the proper Stamps affixed to the container may be immediately confiscated as evidence of the illega~ operation thereof, and all l~censes for the operation of such ticket containers or tickets shall be i~ued subject to such right of confiscation as to illegally operated ticket containers or tickets. In addition to the penalties otherwise herein set forth and contained, the licenses of any distributor or operator of such ticket containers or tickets may be revoked by the City Commission for a period not to exceed sixty (60) days from the date of such violation upon conviction of the violation of any provision of this ordiRance in the Municipal Court. Section 3. DUT~ TO REGISTER: It shall be the duty of all distri- butors and operates t~ register their name, fictitious, corporate or real, and their occuoation and business address in the office of the City Tax Collector. Section $. T~X ST~S O__~N TICKET CONTAINERS: Each ticket container for trade or amusement purposes offered for sale, distributed, or sold by a distributor, or containing or having attached thereto tickets possessed, displayed, offered for sale, or sold by an o~r- ator~ shall have affixed to such container, on the face thereof, stamps uoon which there shall have been endorsed the serial number of the t~ckets therein contained, or attached thereto in the following amounts, to-wit: TRADE BOARDS TAX From i to 500 holes inclusive each additional 100 holes CHARLIE BOARDS Retail Cost for punch per punch, 1 to 500 holes inclusive 25¢ per punch, 501 or more holes 1.00 10¢ ocr p?much, 1 to 1200 holes inclusive 1.25 10¢ per punch, 1201 or more holes 1.50. 25¢ per punch, 1 to 1200 holes inclusive 1.50 25¢ per punch 1201 or more holes 1.75 50¢ per punch, i to 1200 holes inclusive 50¢ per punch, 1201 or more holes 1.75 2.00 1.00 per punch, I to 1200 holes inclusive 2.00 !.00 per punch, 1201 or more holes 2.50 ~MUSEMENT BOARDS 5¢ per punch, 5¢ per punch, 5¢ per punch, 5¢ P er punch, 5¢ per punch, 10~. per punch, 10¢ per punch, 10¢ per punch, 10¢ per punch, 25¢ per punch, 25¢ per punch, 25¢ per punch, 25¢ per punch, 1 to $00 holes inclusive 2%¢ $01 to 750 holes inclusive 50¢ 751 to 990 holes inclusive 75¢ 991 to 1200 holes inclusive 1.O0 1201 holes or more holes 2.00 1 to 500 holes inclusive 53¢ 501 to 750 holes inclusive 75¢ 751 to 1000 holes inclusive 1.25 lOO1 or more holes 2.00 1 to 300 holes 50¢ 301 to %00 holes inclusive 1.00 501 to 1000 holes inclusive 1.50 1001 or more holes 2.00 50¢ per punch, 1 to 300 holes 1.00 50¢ per punch, 301 to 500 holes inclusive t.%0 %0¢ per punch, 501 to 1000 holes inclusive 2.00 50¢ per punch, 1001 ~ more holes 1.00 per punch, 1 to 300 holes 1.00 1.00 per punch~ 301 to 500 holes inclusive 1.50 1.00 per punch, 501 to 1000 holes inclusive 2.00 1.O0 per punch, lOO1 or more holes 2.50 TICKETS ON C~RDS~ SPINDLES, OR CONTAINED I~N ENVELOPES BOXES, JARS, ETC.~ OTHER THAN PUNCH BOARD~ 5¢ per pull, 1 to 500 holes inclusive 25¢ 5¢ per pull, 501 to 1200 pulls inclusive 1.00 5¢ per pull, 1201 or more pulls 2.00 10¢ per pull, 10¢ per pull, 10¢ per'pull, 10¢ per pull, 1 to 12~ holes inclusive 125 to 500 pulls, inclusive 501 to 1200 pulls inclusive 1201 or more nulls 2%¢ 5o¢ 1.O0 2.00 25¢ oer pull, 1 to 125 holes inclusive 25¢ ~er pull, 125 to 500 pulls inclusive 25¢ per pull,~ 501 to 2000 pulls inclusive 25¢ per pull~ 2001 or more pulls 5o¢ 1.O0 2. O0 Over 25¢ pull, ever 2~¢ pull, Over 25¢ Dull, Over 25¢ ~ull~ 1 to 125 inclusive 75¢ 125 to 500 pulls inclusive 1.50 501 to 1000 pulls inclusive 2.00 1001 er more pulls 2.50 All push cards with seals, 1 to !00 inc. All push cards with seals, 101 or more 25¢ 50¢ Any trade~ punch, amusement hoards, pull cards or pull tickets not covered i~ this 6rdinance, Sh~I1 be subject to a tax of 25¢ to $2~00 in the discretion of the City Commission. ~y operator who shall possess, display, offer for sale, or sell any tickets 'for trade or amusement ourposes without having the requisite amount of tax stamps affixed te the container thereof shall be guilty of a violation of this ordinance. Section 5. REGULATIONS A_~S T__~O TAX STAMPS: The tax stamps to be affixed to each ticket container for trade or amusement purposes shall be of such form and size as may be designated by the Tax Collector of said City. Such tax stamps shall be sold and affixed to each such container under such reasonable rules and regulations as may be prescribed from time to time by said Tax Collector. A tax stamp~ shall be used only on the container to which it was ori- ginally a~ffixed, shall not be transferred from one container to another, and shall be used only for one set of tickets. All monies collected by the Tax Collector from the sale of such stamps shall be paid into the Treasury of said City. Section 6. UNLAWFUL TO USE TICKET~ FOR GAMBLING: It shall be unl lawful and a ~olation of this Ordinance to use such tickets here~n licensed for trade or amusement nurpeses only, for gambling or wagering purposes, or for any p~rpose other than for trade or amusement purposes. Section 7, UNLAWFUL TO PERMIT MINORS TO PLAY: It shall be un- lawful and a violation of this ordinanc-~ to permit any minor, actual or apparent, to purchase tickets oontained in or attached to any ticket container for trade or amusement purposes, and any operator who shall personally, or by or through any agent or employee, shall permit a minor to purchase such ticket shall be pmnished as hereinafter provided. Section 8. PENALT~ FOR VIOLATION: Any person, firm, or corpora- tion who shall violate any of the terms of this ordinance, shall, u~on conviction thereof, be punished by a fine of not more than F~VEHU~DRED DOLLARS ($500.00) er by imprisonment in the jail, or at hard labor upon the public works of said City for a term exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the Municipal Judge, and inaddition the license of the offending person, firm or corporation shall be sus- nended for a ~eriod of sixty (60) days or revoked in the discre- tion of the City Council. Section 9. EFFECTIVE DATE: This ordinance shall become effective · h in accordance wit the provisions ef the Charter of said City in such cases made and provided. Section t0. All laws and party of laws in conflict herewith, shall be, and the same'amc hereby repealed, provided however, that nothing herein contained shall be construed to abolish the requirement of occupational taxes for operator and distributors. The above Ordinance, having been placed on its first read- ing at s Regular Meeting of the City Council held on February 23, 1959, was finally passed and adooted on the second reading at a Regular Meeting of said Board oft City Commissioners held on March 7, 1959 C6uncilm~n Councilmen City Clerk As and constituting the Beard of City Councilmen of the City of Boynton Beach, Palm Beach County, Florida