[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.]
GENERAL REFERENCES
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.
A.
Application for license hereunder shall be filed in writing
with the City Clerk on a form provided by the city and shall specify:
(1)
The name and address of the applicant and, if a firm,
corporation, partnership or association, the principal officers thereof and
their addresses.
(2)
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.
(3)
The general description and number of devices to be licensed
and the serial number of each device.
(4)
The name and address of the operator of the device or
devices, if other than the proprietor.
B.
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.
