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(A) Nothing in this article shall apply to the state lottery, or the sale of products as part of said lottery.
(B) This article shall not prohibit amusement devices that are specifically authorized by statute or by order of a court of law, including, but not limited to, cyber sweepstakes machines and electronic gaming machines. Such machines, however, shall be considered amusement devices, and shall be subject to the requirements of this article to the extent permitted by law.
§§ 6-305 TO 6-350 RESERVED.
DIVISION 2. ENFORCEMENT
Any place of amusement shall be subject to periodic inspection during regular hours of operation by officers of the Police Department, or other designee of the Town Manager, to ensure compliance with the provisions of this article.
(Code 1976, § 10.46(a)) (Ord. 4-82, passed 9-6-1982)
(A) Any person who shall violate this article, or any provision hereof, shall be liable for a misdemeanor and criminal penalties, as provided in § 1-111 and G.S. § 14-4.
(B) Each day, or portion thereof, during which a violation of this article occurs shall be considered a separate, and distinct, offense; likewise, the operation of each amusement device at a place of amusement in violation of this article shall be considered a separate, and distinct, offense.
(Code 1976, § 10.46(b)) (Ord. 4-82, passed 9-6-1982)
Cross-reference:
General penalty, § 1-111.
If any person shall violate this article, or any portion hereof, he or she shall be subject to a civil penalty in the amount of $100 for each day, or portion thereof. Further, the operation of each amusement device in violation of this article shall constitute a separate, and distinct, offense. The Town Manager, or his or her designee, shall give written notice of such violations by certified mail, return receipt requested, or by personal delivery to the operator of the place of amusement, the manager thereof, or to the owner, or operator, of the amusement device. The business operator, manager, or owner or operator of the amusement device shall have five days from the date of the notice to correct the violations. If the violations are not corrected within five days, a civil penalty levied pursuant to this article may be recovered by the town in a civil action in the nature of debt.
(Code 1976, § 10.46(c)) (Ord. 4-82, passed 9-6-1982)
Pursuant to § 1-111 and G.S. § 160A-175(d) and (e), this article may be enforced by any appropriate equitable remedy available from, and through, the General Court of Justice, Superior Court Division.
(Code 1976, § 10.46(d)) (Ord. 4-82, passed 9-6-1982)
The town may exercise any, or all, of the remedies available under this division to secure enforcement of this article, and the exercise, or non-exercise, of any one, or more, of the available remedies shall not preclude, or waive, the right of the town to exercise any other available remedies at any time.
(Code 1976, § 10.46(1)) (Ord. 4-82, passed 9-6-1982)
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