City of Parsons, KS
Labette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Parsons 10-5-1964 by Ord. No. 3942 (Ch. 4, Art. II of the 1985 Code). Amendments noted where applicable.]
For the purpose of this chapter, the term "coin-operated amusement device" shall mean a machine or device which, upon insertion of a coin, slug or similar object or by any other method, operates or may be operated or used for a game, contest or amusement of any description whereby a score is established, the object of which is to secure a special number or numbers or a high total score, whether a prize is offered or not. Such term shall not include the following:
A. 
A machine or device which has been designated by the federal government or any department thereof as a gaming device and for which a federal gaming device license is required; or
B. 
A machine or device which is so constructed mechanically that its operation violates any of the laws of the state.
The issuance of a license required by this chapter for any device shall not in any way be construed as an authorization to keep, maintain or operate the licensed device if the same is or can be used in any manner as a gambling device, and no licensee under this chapter shall use or permit the use of the licensed device in any manner as a gambling device.
Any person violating any of the provisions of this chapter, in addition to the revocation of his license, shall be guilty of a Class C misdemeanor and shall be punished as provided in § 1-2 of this Code. Each day any person violates the provisions of this chapter shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person to keep or maintain, operate, allow or permit to be kept or maintained in any place of business or any other public place or private club or fraternal organization in the City any coin-operated amusement device without at all times maintaining firmly attached to the device, in the manner specified in this section, a stamp to be furnished by the City evidencing a valid license procured from the City Clerk and authorizing the maintenance and operation of the device. The responsibility and obligation to so keep and maintain the stamp attached to the device shall be binding on the owner, manager and operator of the place where the device is located, as well as upon the owner, keeper or operator of the device, regardless of whether or not the device is owned by the owner, manager or operator of the place where the device shall be kept and maintained. The City stamp shall be kept firmly attached to the device and under the glass thereof in a manner so as to be plainly visible to police and other City officials and to the public generally.
The annual license fee for keeping and maintaining a coin-operated amusement device shall be $10. The proprietors of the establishment where an amusement device is located shall be held responsible for the payment of the license fee for all equipment located on the premises; however, where the equipment is owned and serviced by an operator, the fees may be paid by the operator, provided that the operator files with the City Clerk such forms as the City Clerk may require.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-16-1985 by Ord. No. 5388]
Licenses issued pursuant to the provisions of this chapter shall expire on December 31 each year.
A. 
It shall be unlawful to transfer a license issued pursuant to this chapter from one location to another, the license number being permanently assigned to the address stated in the license application, but upon the removal of one machine from the location assigned and the substitution of another device of a similar nature, the license may be transferred from one machine to another as long as the license remains at the same location or assignment. No license shall be transferable or assignable from one person to another. The sale or disposal of the device to which the license is attached shall not amount to a transfer, assignment, or change of ownership of the license and shall not authorize the new owner of the device to keep or maintain the same without procuring a new license.
B. 
An application shall be made out in duplicate, with one copy being retained by the City Clerk and one copy referred to the Chief of Police. The Chief of Police shall investigate the location where it is proposed to operate the amusement device and ascertain whether the applicant and the owner of the machine are persons of good moral character.
A. 
No license shall be issued pursuant to this chapter for any machine if the applicant for the license or the owner of the machine is not of good moral character.
B. 
The phrase "good moral character" shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest, and open manner.
C. 
A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he has the ability to and is likely to serve the public in a fair, honest, and open manner, that he is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he seeks to be licensed.
D. 
The following criminal records shall not be used, examined, or requested by the City in a determination of good moral character:
(1) 
Records of an arrest not followed by a conviction.
(2) 
Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.
(3) 
Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest, and open manner.
(4) 
Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.
E. 
When a person is found to be unqualified for a license because of a lack of good moral character or similar criteria, the person shall be furnished by the City Clerk with a statement to this effect. The statement shall contain a complete record of the evidence upon which the determination was based. The person shall be entitled, as of right, to a rehearing on the issue before the City Clerk if he has relevant evidence not previously considered regarding his qualifications.
No license shall be issued pursuant to this chapter if the license applicant or owner of the machine has paid a current federal occupational tax for the use or permit to use on the place or premises where the machine or device is to be displayed a coin-operated amusement or gaming device under the Federal Internal Revenue Code.
An application for the license required by this chapter shall be made to the City Clerk upon a form supplied by the Clerk. The application shall contain, but not be limited to, the following information:
A. 
The name and address of the applicant and his date and place of birth and the name and address of the owner of the machine.
B. 
The place where the device is to be displayed or operated and the business conducted at the place.
C. 
A description of the machine to be licensed, its mechanical and operating features, the name of the manufacturer and its serial number.
D. 
Whether the applicant or owner has paid a current federal occupational tax for the use or permit to use on any place or premises in the City a coin-operated amusement or gaming device under the Federal Internal Revenue Code.
A license issued pursuant to this chapter may be revoked by the governing body after written notice to the licensee, which notice shall specify the reason for the same, and if after a hearing the governing body finds that:
A. 
The licensee has, directly or indirectly, permitted the licensed device to be operated in violation of this chapter.
B. 
The license has violated any of the provisions of this chapter.
C. 
The licensee or the owner of the machine is no longer a person of good moral character.