ORD 79-39 LICENSING OF GAMES OF SKILLORDINANCE NO. 79 - 39
AN ORDINANCE PROVIDING FOR THE LICENSING OF GAMES OF
SKILL AND THE ESTABLISHMENTS WHERE GAMES OF SKILL ARE
MAINTAINED FOR PUBLIC USE OR HIRE.
The City Council of the City of Winslow DO ORDAIN as follows:
SECTION 1. LICENSE REQUIRED. It shall be unlawful for any person,
firm or corporation to operate within the City any game of skill
without first obtaining a license therefor, in accordance with the
provisions of this ordinance.
SECTION 2. DEFINITION. A game of skill as used in this ordinance
shall mean and include all games involving an element of skill
capable of being played or operated, with or upon, any electronic
or mechanical device or machine of any kind, nature or description in
the playing or operation of which a player may be entitled to receive,
whether automatically or otherwise, any merchandise awards, or any
right to further operate said machine or device.
SECTION 3. LICENSE APPLICATION. Any person, firm or corporation desiri]
to maintain, keep or operate any such game of skill, as defined in
Section 2, shall make written application for license to do so and file
the same with the City Clerk. Such application shall state the name of
the applicant and address and place of business at which any of said
machines shall be maintained and operated, a description of such game or
device for which license is applied for and the total number of games
desired to be covered by the license.
SECTION 4. LICENSE FEES. Each license shall be issued for a period
of one (1) calendar year. The calendar year license fee for each
license shall be Twenty Five Dollars ($25.00) for each establishment
where games of skill are maintained. In addition there will be a Fifty
Dollar ($50.00) fee per machine per calendar year. The license fee shall
be payable prior to January 31st for the year required or prior to
commencement of business in the City. For any license procured after
the applicable date required herein, there is hereby assessed and shall
be collected by the City Clerk, in addition to the required annual
license fee, a penalty of 10% of the annual license fee for each month
or part of a month accruing between the time such license is
procured and the time when the same should have been procured
under the terms of this ordinance.
SECTION 5. ISSUANCE OF LICENSE. Upon approval of said application
and payment of the fee, as provided in Section 3, the City Clerk
shall issue to said applicant a license to operate said machines
or devices for which license has been applied. The license shall be
procured by the licensee prior to January 31st of the calendar year
for which required or prior to commencement of business in the City
of Winslow.
SECTION 6. TERM OF LICENSE. All licenses issued under Section 4
shall expire on the last day of each calendar year. The fees for
said licenses shall not be pro rated for a partial year and the full
fees provided by Section 4 shall be payable regardless of the date of
application and approval of the license.
SECTION 7. LICENSE - NON-TRANSFERABLE. The license issued hereunder
shall be personal and non-transferable and shall at all times be
conspicuously posted in the place of business for which it is issued.
Where the location of business of the taxpayer is changed, the taxpayer
shall return the license to the City Clerk and a new license shall be
issued for the new location of business without charge for said
transfer. No person to whom a license has been issued pursuant to this
ordinance shall permit or allow any other person to oPerate any
business or display his license; nor shall such other person operate
under or display such license.
SECTION 8. QUALIFICATIONS OF LICENSEE. In addition to the general
qualifications of licensee set forth in this ordinance, no license
for the operation of games of skill shall be granted or issued to the
following persons:
(a) Any person who has been convicted of violation of federal, state
or city laws or ordinances regulating the manufacture, transportation,
possession or sale of narcotics or intoxicating liquors or of any
crime involving moral turpitude within a period of three years next
prior to the date of making applications for such license.
(b) Any person who names another person to have the active management
of such place where games of skill are maintained for public use for
hire, who has been convicted as described in Paragraph (a) of this
section or had a similar license previously revoked.
(c) Any person, where in the opinion of the City Council the location
for said place where games of skill are maintained for public use for
hire is not proper or for the best interest of public safety or morals.
SECTION 9. LICENSE REFUSAL, CANCELLATION, REVOCATION. The City Clerk
may refuse to issue a games of skill license, or may cancel or revoke
such license after it has been issued, if it is learned that the same
was procured by fraud or false representation of facts, or that the
applicant or permittee has failed to comply with the provisions and
requirements of this ordinance, or which, in the opinion of the Chief
of Police, will be detrimental to the public peace, health or welfare.
Any person may appeal the cancellation or revocation of a games of skill
license under the provisions of the Hearing Examiner Ordinance. It shall
be the duty of all licensees granted licenses for games of skill to
comply with the following regulations and the failure of any licensee
to do so shall constitute, but shall not be exclusive grounds for suspensj
or revocation of any license and shall constitute a violation of this
ordinance and in the event of such revocation, no part of the unearned
portion of the license fee shall be refunded.
(a) To have no one employed on the premises covered by the license any
person who has been convicted of a violation of the state or city laws or
ordinances relative to gambling within one year from the date of such
revocation.
SECTION 10. VIOLATIONS - PENALTIES. Any Derson, firm or corporation
violating any of the terms or provisions of this ordinance shall upon
conviction thereof, lose their license and license and be fined $500.
or by imprisonment for a period of not more than six months, or by both
such fine and imprisonment.
SECTION 11. EFFECT OF PARTIAL INVALIDITY. If any provision, section
or classification of this ordinance shall be held void or unconstitutiona~
all other parts, provisions and sections not expressly so held to be
void or unconstitutional shall continue in full force and effect.
SECTION 12. EFFECTIVE DATE. This ordinance shall become in full
effect on
PASSED BY THE CITY COUNCIL OF THE CITY OF WINSLOW THIS / 16 DAY OF
~ , 1979.
ATTEST:
Alice B. T ,
Norma ue rix
Clerk/Treasurer