(A) No person shall operate an electronic gaming establishment, either as a principal or accessory use, as herein defined, unless the person shall have first applied for and received the license provided by this article.
(B) Every application for the license prescribed herein shall be upon a form approved and filed with the Town Manager. Every application shall be made under oath and shall contain the following information:
(1) If the applicant is a person, the name and residence address of the person. If the applicant is a partnership, corporation or association, the registered name of the agent and the address of the registered office and the name and residence address of all persons having any legal or beneficial interest in the applicant;
(2) The address of the premises where the electronic gaming establishment business shall be located;
(3) A complete statement of all convictions of any person whose name is required to be given in division (B)(1) above for any felony, or gambling or any violation of the law relative to gambling;
(4) A complete statement of any revocation by any governmental unit, of any license to operate an electronic gaming establishment held by any person whose name is required to be given in division (B)(1) above;
(5) A complete statement of any conviction of any person whose name is required to be given in division (B)(1) above for violation of any statute, law, article or regulation of any government concerning the operation of an electronic gaming establishment;
(6) The name and address of any electronic gaming establishment or other establishment owned or operated by any person whose name is required to be given in division (B)(1) above wherein the business of electronic gaming establishment is carried on; and
(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
(C) The Town Manager shall transmit a copy of the application to the Davie County Sheriff’s Office for an investigative report and to determine compliance with any law relating to fire protection; and to Davie County to determine compliance with all zoning and building regulations and articles. The Davie County Sheriff’s Office shall, within a reasonable time, not to exceed 30 days, report the results of its examination to the Town Manager.
(D) An application in proper form, accompanied by all reports required by this article, shall be submitted to the Town Manager or designee, who shall approve the application, if the Town Manager determines that:
(1) The application contains no misstatement of fact;
(2) The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted of any crime involving, including, but not limited to, G.S. Ch. 14, Art. 37, (Lotteries, Gaming, Bingos and Raffles), or of any violation of any law or article of any governmental unit concerning or related to the business of gaming;
(3) The applicant conforms to all requirements of applicable Zoning, Building and Fire Prevention Codes; and
(4) The applicant or any person having a legal or beneficial ownership interest in the applicant has not, for the three-year period preceding the application had a previously issued license for engaging in the business of electronic gaming establishment revoked.
(E) Upon approval of the application by the Town Manager, and upon receipt of a charge determined annually by the Board of Commissioners in the schedule of fees, the Town Manager shall issue a license to applicant.
(F) A license issued pursuant to this article shall be revoked by action of the Town Manager if the Town Manager determines that:
(1) The licensee has violated any provisions of this article;
(2) The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's business, any person practicing the business or profession of electronic gaming who has not been issued the license required by this article, or whose license under the article has been revoked;
(3) The licensee, or the legal or beneficial owner of any interest in the licensee, is convicted of any crime involving gambling or gaming, including but not limited to G.S. Ch. 14, Art. 37; or
(4) The licensee violates any Zoning, Building or Fire Prevention Code article.
(G) A license issued pursuant to this article is void if the licensee moves or ceases operating an electronic gaming establishment at the location required to be stated in the application for license pursuant to division (B)(2) of this article.
(Adopted 1-7-2020; Amended 7-6-2021)