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v , 4- <br />MEMO TO: Mayor and City Council <br />FROM: Clerk-Administrato <br />DATE: April 10, 1984 <br />SUBJECT: AMUSEMENT DEVICE LICENSE FEES <br />As you may recall, you individually received letters from <br />Mr. S. G. Nilva,on behalf of the National Amusement Company, Inc., <br />questioning the validity of the City's license fees for amusement <br />centers and devices ($100 per year for amusement center - $50 per <br />year for each amusement device) on the basis that our license fees <br />are too high,citing State law and recent court action against the <br />City of West St. Paul. <br />In response to that letter I requested a legal opinion from City <br />Attorney Richard Meyers, copy attached, who advised in a letter <br />dated March 30, 1984 that the West St. Paul case, "... has little <br />legal impact, except against West St. Paul and in the jurisdiction <br />where the case was heard." City Attorney Meyers further states, <br />"A regulatory license fee can be levied if the amount of the fee <br />is reasonably related to the probable costs of inspection and <br />' administration, otherwise any excess would be improper taxation." <br />City Attorney Meyers has indicated that if the City of Mounds View <br />feels that our present license fee structure for amusement centers <br />and devices is reasonable and related to the actual costs exper- <br />ienced by the City of Mounds View for administration and inspection <br />that these fees should remain,and staff would advise that after <br />reviewing these fees we feel that they are indeed valid. <br />RECOMMENDATION: Staff would recommend authorization to send a <br />letter to the National Amusement Company, Inc. advising them that <br />we have reviewed our license fees and find them to be reasonably <br />related to administration and inspection costs. <br />DFP/pf <br />Attachment <br />