[HISTORY: Adopted by the City Council of the City of Fairfax as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1984 by Ord. No. 402 (Ord. No. 402 of the 1984 Code)]
The City of the City of Fairfax declares that it is the purpose of this act to regulate used license games of skill and other similar devices, which games are, or may be played by the public generally at a price paid either directly or indirectly for such privilege on the basis that their operation and character is affected by the public welfare and interest.
When used in this article, the following terms have the following meanings:
- CITY CLERK-TREASURER
- The duly appointed City recorder.
- GAMES OF SKILL
- Any device played by manipulating special equipment by hand or mechanically and propelling balls, figures, or numbers across a board or field into respective position, the object, which is to secure a special number or numbers or high total score or to place the figures or numbers in a special position, which game may be played by the public generally at a price paid either directly or indirectly for such privilege, whether a prize is offered for the game or not and whether known as a pin ball game or by any other name.
- An individual, firm, copartnership, company, association, or joint-stock association, and their lessees, trustees, receivers, and administrators.
No firm, corporation or person shall operate or keep for operation any game of skill without having applied for and received a license therefor from the City Council as herein provided. Application for such license shall be made to the City Clerk-Treasurer upon a form to be supplied by the municipality and shall give the name and address of the owner and applicant, the place where such game of skill or device is to be operated, what business is conducted at that place, the name, number and description of the game or particular piece of equipment to be licensed, the fee for playing the game and the prize, if any, and such other information as the Council may require. Every such application shall be accompanied by the license fee hereinafter designated, which shall be paid into the general fund of the municipality. Such license application shall be considered by the Council at its next regular meeting and granted or refused. Licenses shall be for a term of one year. It may be transferred to another location in this municipality upon filing notice of such transfer with the City Clerk-Treasurer upon the payment of $1.
The following license fees are hereby imposed: upon any game of skill, $1 per month for each machine or device to be operated, and the sum of $12 shall accompany the application. Such license is expired on December 31 next after its issuance, and any license issued after December 31 in any year, the fee shall be computed at the rate of $1 for each month or fractional part of the month covered by the license.
Every license granted hereunder shall be posted in a conspicuous place on or near the game so licensee shall identify the same by number or description.
No license hereunder shall be issued for any game of skill within 100 feet of any public school. No person shall use any device licensed under this article as a gambling device, and no license shall permit any person or persons to have any machine licensed hereunder for gambling purposes, and the operation of any lottery or gambling device is declared to be contrary to this article.
Any person violating the provision of this article shall be guilty of a misdemeanor, and upon a conviction thereof, shall be punished by a fine not to exceed $100 or by imprisonment for not more than 90 days. Upon conviction for the violation of any law of the state relating to gambling involving any such game or device, the license to operate the same shall be forthwith revoked.