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HomeMy Public PortalAboutOrd. 149 - Licensing of Prize Game ORDINANCE NO. /479 AN ORDINANCE OF THE VILLAGE OF MCCALL PROVIDING FOR CONTROL, REGULATION AND LICENSING OF CHANCE PRIZE GAMES; DEVINING THE SANE; PROVIDING FOR THE ISSUANCE OF LICENSES FOR THE OPERATION OF CHANCE PRIZE GAMES AND THE LICENSE FEE THEREFOR, AND THE QUALIFICATIONS OF LICENSEES; PROVIDING FOR THE ISSUING OF PER- MITS TO OPERATORS OF CHANCE PRIZE GLEES AND THE PERMIT FEE THEREFOR; MAKING CERTAIN ACTS IN CONNECTION WITH THE OPERATION OF CHANCE PRIZE GANES UNLAWFUL AND PROVIDING FOR THE PUNISHMENT THEREOF; PROVIDING FOR RULES, REGULATIONS AND INSPECTION OF CHANCE PRIZE GAMES; I11IAKING IT UNLAWFUL TO PERMIT MINORS, OR HAVE MINORS PLAY CHANCE PRIZE GANES; PROVIDING FOR A SAVING CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THERE't7ITH; PROVIDING FOR THE HOURS DURING WHICH CHANCE PRIZE GANES MAY BE OPERATED. Be It Ordained By The Chairman And Board of Trustees of the Village of Mcuall, Idaho: SECTION 1. For the purpose of this ordinance, the following definitions shall apply in interpretation of the provisions of this ordinance: (a) The term "person" shall mean and include any individual, firm or co-partnership, corporation or any other association of persons. (b) "Chance Prize Games" within the meaning of this ordinance, shall be any game in which the obtaining of a prize is based solely upon the chance of the player upon the payment of a consideration, to draw or otherwise secure a token, number, figure, insignia, character, symbol, letter or word, r or combination, which is designated to pay a prize in cash or merchandise. (c) The definition of a "chance prize game" as herein defined shall not be construed as to include coin operated amusement devices as defined by Chapter Z,T Session Laws of Idaho for 1947, as amended, and such coin operated amusement devices are expressly excepted from the provisions of this ordinance. SECTION 2. Application for a license shall be made to the village ulerk upon a form to be supplied by such clerk, which shall provide such information as the Board of trustees may require from time to time and in particular shall provide the following information: (a) the name and address of the applicant; if a corporation, assoc- iation or combination acting as a unit, the names and addresses of the principal officers and members of the Board of Trustees, directors or other i I governing board or body and of the active manager thereof; if a co-partner- ship, the names and addresses of each member thereof. (b) the location, address and description of the particular premises or room wherein such chance prize game will be played. (c) verification by applicant as to all facts set out in such application and affidavit of residence as to applicant. SECTION 4. Each application shall be accompanied by the required license fee hereinafter provided which shall be returned to the applicant if the Board of Trustees shall refuse to issue a license. If the Board of Trustees shall so order, the village Clerk shall issue a license to the applicant, which license shall be prominently displayed in the place of business of the applicant and which license shall be in such form as prescribed by the Board of Trustees. Such license shall be issued only for the particular premises described in the application therefor. SECTION 5. The applicant shall, if required by the Board, submit satis- factory evidence of its good moral character and of its employees. SECTION 6. No license for the operation of a chance prize game shall be issued to any person who has not been a resident of the State of Idaho for six months and of the county for thirty days immediately preceding the filing of the application for a license, and in the event the applicant be a corporation, or other association of persons, the majority of the principal officers, members of the Board of Trustees, Directors or other governing Board and the active manager thereof, shall possess the residence qualifi- cations hereinabove net out for an individual applicant. SECTION 7. It shall be unlawful for any person to act as an operator of any chance prize game in any premises licensed under the provisions of this ordinance, unless such person shall hold a permit therefor from the Village clerk. Application for permit shall be made _on forms furnished by the 2- the Village clerk and shall be accompanied by a permit fee of W2.50; no person shall receive a permit as an operator of a chance prize game unless he likewise has been a resident of the State of Idaho for a period of six months and the county for thirty days immediately preceding the date of the application for such permit. No permit shall be issued by the clerk until authorized by the Board of Trustees of the Village of McCall. SECTION 8. A permit for an operator of any chance prize game shall expire at the end of six months from the date on which issued. Any licensee or operator convicted of a violation of any of the provisions of this ordinance, or any of the provisions of Chapter 239, Session Laws of Idaho for 1947, shall have his license or permit as the case may be, immediately revoked by the Village clerk upon receipt of a certified copy of the judgment of conviction. SECTION 9. No license or permit shall be issued to any of the following persons: (a) to the holder of a retail liquor license issued under the provisions of Chapter 274, Session Laws of Idaho for 1947. (b) to any person who does not have the residence requirements herein- before set out. (c) to any person who within one year from the date of the application shall have been convicted of the violation of any provision of this ordinance. (d) to any premises where retail liquor is sold that is directly connected by a door, hallway, or other means of access from the licensed premises. (e) to any one who does not possess a good moral character, (f) to any one who has not paid the required license fee or permit fee as the case may be. (g) to any one who is under the age of twenty-one years. SECTION 10. It shall be unlawful and punishable as herein provided (a) for the owner, manager or person in charge of any premises or room, to permit or allow any person to play any chance prize game within or upon such premises or room until a license is procured therefor. 3- (b) to permit or allow in any manner whatsoever, any person under the age of twenty-one years to play any chance prize game. (c) for any person under the age of twenty-one years to play any chance prize game, (d) for any owner, manager or person in charge of any chance prize game to in any manner cheat, or by false pretense operate any chance prize game. (e) for any owner, manager or person in charge of any chance prize game to violate any of the regulations adopted by the board of Trustees of the village of Micuall with reference to the application for or operation of any chance prize game. SECTION 11. The license fee hereby levied and imposed shall be as follows: Each applicant shall at the time of making his application to the Board of 1Tustees of the Village of McCall for a license to operate chance prize games, tender with said application, a fee in the sum of twelve hundred dollars. Said license shall be for the period of one year and shall expire on June 30th following its issuance. The license shall designate a room or place upon the premises, and no license so issued shall be transferable or assignable. SECTION 12. The Board of Trustees of the Village of McCall shall have the right to make rules and regulations governing the operation of chance prize games provided for in this ordinance and in connection therewith shall have the right at any time by and through any police officer of the Village of McCall to inspect the premises where said chance prize games are operated and to inspect the games so operated. SECTION 13. Any violation of the provisions of this ordinance shall be un- lawful and any person violating any of the provisions hereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars and upon failure to pay such fine, shall bet\fined in 4- Qde do//a r a N d jail at the rate o fifty cents per day until such fine is paid in full, or, confinement in said jail for not more than thirty days, or, by both fine and imprisonment. SECTION 14. It shall be unlawful to operate or permit to be operated any chance prize game upon any premises licensed under this ordinance on any day between the hours of three o'clock A.M., and seven o'clock A.P.T. SECTION 15. If any section, provision or clause of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, it shall not affect the validity of the remainder of the ordinance, but said ordinance shall be construed as though such invalidity or unconstitut- ional provisions were not incorporated therein, and the Board of Trustees hereby declares that it would have passed this ordinance and every section, sub-section, sentence, clause and phrase thereof regardless of the fact that any one or more bf;the sections, sub-sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 16. ihat all ordinances, or parts of ordinances insofar as they are in conflict herewith, be and the same are hereby repealed. SECTION 17. This ordinance shall be in full force and effect from and after its approval and publication. PASSED by the village Board of Trustees this —�' day �9 of June, 1948. APPROVED by the chairman of the Village Board of Trustees this /9 h day of June, 1948. Chairman Village Board of Trustees ATTEST: age Clerk. 5- M