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(a) Construction. This chapter shall be liberally construed and applied to promote its purpose and objectives.
(b) Separability. If any provision of this chapter or the application thereof to any person circumstance, is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby. (Ord. 2010-56. Passed 10-4-10.)
As used in this chapter:
(a) "Computerized sweepstakes device" means any computer, machine, game or apparatus which, upon the insertion of a coin, token or similar object, or upon payment of anything of value, wherein a product or service is provided, and may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which in no way tends to encourage gambling.
(b) "Safety Director" means the City Safety Director.
(c) "Board" means the City Planning Commission.
(d) "Operator" means the person or persons having authority to control the premises of a Sweepstakes Terminal Cafe.
(e) "Licensee" means the person or persons who sign an application for a license hereunder and to whom such license is issued.
(f) "Owner" means any person who possesses a pecuniary interest, either directly or indirectly, of twenty-five percent or more in an amusement device business and/or Sweepstakes Terminal Cafe.
(g) "Person" means any natural person, firm, partnership, association, corporation or any other form of business organization.
(h) "Premises" means the building or portion thereof used for conducting the operation of an amusement device business and/or Sweepstakes Terminal Cafe.
(i) "School" means any educational institution, public, private, secular or parochial, which offers instruction of high school grade or lower.
(j) "Sweepstakes Terminal Cafe" means any individual premises upon which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises have other business purposes of any nature whatsoever. (Ord. 2010-56. Passed 10-4-10.)
No person shall display for purpose of use any computerized sweepstakes device in the City without having first obtained a license therefor as provided in this chapter, which license shall be designated as a computerized sweepstakes license. A separate license is required for each such computerized sweepstakes device.
(Ord. 2010-56. Passed 10-4-10.)
No person shall conduct or operate a sweepstakes terminal cafe area in the City without having first obtained a license therefor as provided in this chapter, which license shall be designated as a sweepstakes terminal cafe license.
(Ord. 2010-56. Passed 10-4-10.)
Authority is hereby established and vested in the Safety Director to consider applications for licenses under this chapter, conduct investigations thereon and issue or deny issuance of such licenses based upon the criteria set forth in this chapter.
(Ord. 2010-56. Passed 10-4-10.)
(a) All Licenses. All licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be an annual license which covers a period from June 1 of each year through May 31 of the following year unless earlier suspended or revoked. The fee for the first application for an annual license shall be pro-rated based on the date of the application.
(2) Each such license shall vest a personal privilege but not any property rights in the licensee.
(3) Each such license shall be required to be displayed permanently in a conspicuous place upon the premises for which it is issued.
(4) Each such license shall be in the name of the applicant.
(5) Each such license shall be neither assignable or transferable, either as to person or location.
(6) Each such license, if lost, destroyed or mutilated, upon application within thirty days thereof may be replaced by a replacement license issued by the Safety Director bearing the word "Replacement" across its face and bearing the same license number as the license which it replaces.
(b) Computerized Sweepstakes Device Licenses. All computerized sweepstakes device licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be issued for an individual computerized sweepstakes device only.
(2) Each such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of the computerized sweepstakes device for which it was issued.
(3) Each such license, if changed, mutilated, erased or in any manner defaced, shall be void, and any amusement device which the same shall purport to license shall be deemed an unlicensed amusement device.
(c) Sweepstakes Terminal Cafe Licenses. All sweepstakes terminal cafe licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be issued only for an individual business at an individual premise.
(2) Each such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of each computerized sweepstakes device located upon the premises for which it was issued.
(Ord. 2010-56. Passed 10-4-10.)
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