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(A) No person, firm, corporation or association shall display for public patronage, maintain on the premises, or keep for operation, any amusement device, operable or inoperable, without first having obtained a proper license from the City Clerk. The form of application and license shall be determined by the City Clerk. All licenses under this section shall expire on the April 30 next following their issuance and are to be renewed within the procedures established by this subchapter.
(B) Any application or renewal for an amusement device license shall be accompanied by a statement setting forth the following:
(1) Name and residence of owner of the device.
(2) Name and residence of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof, and their addresses.
(3) Address and current use of premises where the licensed device or devices are to be operated.
(4) A general description of each type of device or devices to be licensed and the deposit or fee charged for a single game, use or play for each device.
(5) The maximum number of amusement devices to be on the premises during the license period.
(C) Any person applying for an initial amusement device license or renewing an amusement device license shall, prior to receipt of same, pay a license fee for each device used, played, or exhibited for use or play in accordance with the schedule set herein:
(1) For each so-called “slot” machine that, by application of the element of chance, may deliver, or entitle the person playing or operating the machine to receive premiums or tokens; or an amusement device that displays a poker hand or delivers a ticket with a poker hand symbolized on it that may entitle the player to a prize if the poker hand displayed by the machine or symbolized on the ticket constitutes a winning hand; or an amusement device that, even though it does not dispense prizes or tokens, has the features and characteristics of a gaming device that upon insertion of multiple coins changes the format and/or outcome of the game, the license fee is $2,000.
(2) For each children's amusement device, pinball machine, concession game, basketball device, or skeeball machine, billiard table or pool table, the license fee is $25; and
(3) For all other amusement devices, the license fee is $50.
(D) The applicant may substitute and “rotate” devices without an additional fee provided the maximum number of amusement devices recorded on the license application or renewal is not exceeded and the substituted device requires the same license fee, or less, required of the device it replaced. If additional devices or devices requiring an increased license fee are to be installed during the license period, the licensee must obtain licensure prior to installation and pay the additional and appropriate license fee for the device.
(E) No fee or portion thereof shall be refunded in the event a lesser number of machines are maintained than applied for during the license period.
(F) Each license issued for an amusement device shall bear the name of the owner of the device, the total number of devices licensed to the licensee at that address, and shall be posted in a conspicuous manner, as determined by the City Clerk, where it is clearly visible to the general public and/or patrons of the premises where such devices are maintained throughout the license period. The City Clerk may require such other additional license identification on individual amusement devices as he may deem appropriate.
(G) In addition to the aforementioned application requirement, license application for amusement devices under § 111.45(C)(1) shall be accompanied by a complete criminal record of the applicant obtained from the Criminal Records Division, State Police, Department of Safety, State of New Hampshire, and/or from the appropriate out-of-state agency or agencies if not a resident of New Hampshire for the five years preceding the application. If the applicant is a corporate entity or partnership, a complete criminal record may be required of the applicant’s Chief Operating Officer, Director, Managing General Partner, or Manager.
(1) Standards for denial. In addition to the application requirements set forth in this section, a license to keep amusement devices pursuant to this section shall be denied to the following persons:
(a) An applicant who has not attained the age of 18 years.
(b) An applicant who has received a disqualifying criminal conviction, or who has been imprisoned at any time during the period for a disqualifying criminal conviction, provided that the conviction was for an offense which rationally related to the purpose of licensing amusement devices.
(2) An applicant who is denied an amusement device license under the standards of this section, or who has reason to believe that he or she may be denied an amusement device license under these standards, may file a written request for a review of the application before the Committee on Administration. The Committee on Administration will approve or disapprove the fitness of the applicant for an amusement device license. The Committee on Administration may require the submission of qualifying evidence to make an assessment, including character references and/or evaluation by a qualified professional, and may set such conditions, review procedures, or monitoring activities as it deems appropriate as a condition of licensure.
(Ord. passed 3-7-95; Am. Ord. passed 4-6-99; Am. Ord. passed 5- 4-10; Am. Ord. passed 12-2-14; Am. Ord. passed 4-18-17) Penalty, see § 111.99