(A) No interested party shall operate a game room as defined in § 110.15 unless the party shall have first applied for and received the regulatory license provided by this section.
(B) Every application for the regulatory license prescribed herein shall be upon a form approved by the Mayor and shall be filed with the Town Clerk. Every application shall be made under oath and shall contain the following information:
(1) The name, age, and residence of any interested party;
(2) The address of the premises where the business shall be located;
(3) The proposed hours of operation of the business;
(4) A complete statement of all criminal convictions of any interested party;
(5) A description of any other business to be operated on the same premises or an adjoining premises owned or controlled by the applicant; and
(6) A statement of any prior revocations of a license to operate a game room or similar business.
(C) An application fee of shall be paid to and collected by the Town Clerk when the application is submitted to cover the cost of processing the application.
(D) It shall be unlawful to operate a game room within the town without a regulatory license as required by this section.
(E) The Town Clerk shall, within 5 business days, transmit a copy of the application to the Police Department for an investigative report. The Police Department shall, within a reasonable time, not to exceed 30 days, report the results of its examination to the Town Clerk.
(F) An application in proper form, accompanied by all reports, required by this section, shall be submitted to the Town Council, which shall approve the application if the Town Council that:
(1) The application contains no misstatement of fact;
(2) Any interested party has not been convicted of selling intoxicating liquor or narcotic drugs or of violating any gambling laws of this state or of violating any provisions of G.S. Ch. 14, Art. 37, or of violating any comparable statute of any other state;
(3) The applicant conforms to all requirements of applicable zoning and building codes; and
(4) Any interested party has not had revoked a previously issued license for engaging in a business dealing with operating a game room.
(G) Upon approval of the application by the Town Council, the Clerk shall issue a privilege regulatory license to the applicant.
(H) A regulatory license issued pursuant to this Section shall be revoked by action of the Town Council if the Town Council determines that:
(1) The license has violated any provision of §§ 110.15 et seq.;
(2) The license or any interested party is convicted of selling intoxicating liquor or narcotic drugs on the licensed premises;
(3) The license violates any zoning or building ordinance of the town as the same apply to the premises;
(4) The licensee suffers or permits any gambling activity or the sale or use of any racing, football, or other parlay cards or gambling boards or devices on the licensed premises;
(5) The licensee suffers or permits the licensed premises to become disorderly, or permits any profane, obscene, or indecent language thereon; and/or
(6) The licensee employs, in carrying on the business, any person who has been convicted of violating any gambling laws of the State of North Carolina or of any other state.
(I) A license issued pursuant to §§ 110.15 et seq. shall become void if the licensee moves or ceases to operate at the location required to be stated in the application for the license, pursuant to division (B)(2) above.
(Ord. 94, passed 11-14-1983) Penalty, see § 110.99