[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:
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.
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.
[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:
