City of Franklin, NH
Merrimack County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Franklin 5-5-1986 as Title Four, Ch. XX of the 1986 Code. Amendments noted where applicable.]
Licenses and permits — See Ch. 199.
[Amended 12-29-1999]
As used in this chapter, the following terms shall have the meanings indicated:
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement, entertainment, use as a game or skill and for the playing of which a fee is charged. It shall include, but not be limited to, such devices as electronic video machines, electronic video poker machines, pinball machines, mechanical grab machines and skill ball. The term does not include vending machines in which there are not incorporated gaming or amusement features, nor does the term include any coin-operated mechanical musical devices.
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 the insertion of multiple coins, changes the format and/or the outcome of the game.
Any person, firm, corporation, partnership, association or club who or which, as the owner, lessee or proprietor, has under his or her or its control any establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.
No person, firm or corporation shall engage in the business of proprietor of coin-operated amusement devices, as the terms are herein defined, without first having obtained the proper license therefor.
[Amended 12-29-1999]
The license fee for each proprietor herein defined shall be $100 per year for each coin-operated amusement device and $1,000 per year for each slot machine used or played or exhibited for use or play. All proprietor license fees shall be payable annually, in advance, provided that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of proportionate part of the annual fee. Such proportion shall be prorated for the remaining portion of the calendar year. However, at no time will the proportionate fee charged be less than $25. In no case shall any portion of the license fee be refunded to the licensee.
Application for license hereunder shall be filed in writing with the City Clerk on a form provided by the city and shall specify:
The name and address of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
The address of the premises where the licensed devices are to be operated, together with the character of the business as carried on at such place.
The general description and number of devices to be licensed and the serial number of each device.
The name and address of the operator of the device or devices, if other than the proprietor.
The proper license fee shall accompany such application. If the application is approved, subject to the approval of the Chief of Police, the license shall be issued by the City Clerk, and the Clerk shall remit the fee to the City Treasurer. If the license is denied, the fee shall be returned to the applicant.
[Amended 9-14-1998 by Ord. No. 98-4]
All licenses under this chapter shall expire on December 31 following their issuance. The licenses shall be posted in a conspicuous place in the establishment of the licensee. Such licenses shall apply only to the establishment to which they were issued and shall be nontransferable.
[Added 4-2-1990 by Ord. No. 90-2]
Licenses not properly renewed 30 days after the renewal date shall be subject to a late charge penalty of $5 per day.
A proprietor may transfer a license from one device to another upon payment of a transfer fee of $25 to the City Clerk. At the time of payment of such a fee, the proprietor will amend his or her original application, deleting, by serial number, the device no longer on his or her premises and adding the serial number of the device which replaces it.
In case a proprietor licensed under the provisions of this chapter desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played or exhibited for use or play in his or her establishment, he or she shall surrender his or her license to the City Clerk, who shall issue a new license showing the number of devices licensed thereunder, upon payment of the proper license fee therefor.
No minor under the age of 16 years shall play or operate, or be permitted or allowed to play or operate, any coin-operated amusement device in the City of Franklin for the operation of which a fee is charged or the operation of which requires the insertion of a coin or token in such machine or mechanical game on a day school is in session between the hours of 7:00 a.m. and 3:00 p.m., unless accompanied by a parent or guardian.
The City Council shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this chapter.
Violation of this chapter shall be punishable by a fine of no more than $100 for each day of violation.