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Copyright © 1985: City of St. John's,
St. John's, Newfoundland, Canada
Important Information
(Includes disclaimer and copyright information and details about the availability of printed and electronic versions of the By-Laws.) |
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Pursuant to the powers vested in it under Section 177 of the City of St. John's Act; Section 25 of The St. John's Assess-ment Act; and all other powers it enabling, the St. John's Municipal Council in regular session convened on this 19th day of June, A.D., 1985, hereby passes and enacts the following By-Law with respect to the regulation and licensing of Amusement Machines.
BY-LAW
1. This By-Law may be cited as the Amusement Machine By-Law of the City of St. John's.
2. (a) "Amusement Machine" means any electro-mechanical, manual or electric device which may be operated by the introduction of a coin or coins, token or tokens, slug or slugs, and shall also include pool and billiard tables operated on hire basis.
(b) "Commercial Establishment" means any establishment which contains a commercial use as defined in the St. John's Development Regulations.
(c) "Council" means the St. John's Municipal Council;
(d) "Inspector" means the person appointed by the St. John's Municipal Council pursuant to this By-Law.
(e) "Juke Box" means an Amusement Machine which produces music or other sound.
(f) "Licensed Establishment" means a place where Council has permitted Amusement Machines to this By-Law.
(g) "Licensed Operator" means the owner of Amusement Machines who has been permitted by Council to operate within the City of St. John's.
(h) "Video/Pinball Game" means and include an Amusement Machine which does not dispense goods, wares or services, but is used as a source of skill testing or amusement.
3. (1) Council shall appoint an Inspector whose duty it shall be to enforce the provisions of this By-Law and without restricting the generality of the foregoing it shall be the duty of the Inspector:
(a) To report to the Council, the performance of his duties under this By-Law whenever he shall be required by the Council to do so.
(b) To make all necessary enquiries concerning applications for licenses as may be requisite to secure a due observance of the law, and of this By-Law.
(c) To submit to the Council, recommendations for the revoking or suspension of any license, together with his report thereon.
(d) To keep a register of all licenses granted by the Council which shall contain the name and address of the Applicant, the date of the license, the location of the Licensed Establishment, the expiry date of the license, and such further particulars and to keep such other books as the Council may order.
(e) To cause to be made out, all licenses and to sign all licenses issued under this By-Law, the fees payable therefore having first been paid to the City Clerk.
(f) To furnish each person taking out a license with one copy of this By-Law.
(g) To ascertain by inspection and enquiry from time to time as often as may be required by the said Council, whether the Licensed Operator or Licensed Establishment continues to comply with the provisions of the law and of this By-Law.
(h) To prosecute or cause to be prosecuted, all persons who shall offend against any of the provisions of the law or of this By-Law.
(2) Any act or duty to be performed by the Inspector under this By-Law may be performed by any person authorized by the Council or such Inspector to perform such act or duty.
4. No person shall install or place or have on or in any premises in the City of St. John's any Amusement Machine unless and until the premises has been licensed by the City as a Licensed Establishment.
5. No person shall operate an Amusement Machine business in the City without first obtaining from the City a license to do so.
6. Applications for an Establishment License and an Operators License shall be made to the Inspector.
7. Each operator licensed under this By-Law shall clearly identify each Amusement Machine owned or operated by him with his name, address and telephone number.
8. Each license issued under this By-Law shall expire on the 31st day of December following the date of issue unless otherwise revoked, cancelled or suspended under this By-Law or any other law or regulation.
9. A license issued under this By-Law is not transferrable.
10. (1) The fees for licenses issued under this By-Law are as follows:
Establishment License:
Ten dollars ($10.00) per machine per year.
Operators License
Five Hundred dollars ($500.00) per year.
(2) (a) The fees payable under this By-Law shall be due and payable on or before the first day of January of each year.
(b) Any person commencing business as a Licensed Operator or installing an Amusement Machine in a Licensed Establishment at any period of the year shall pay the prescribed fees on or before commencing such business or installing such machines.
(c) Where a person commences business or installs Amusement Machines after the thirtieth day of June in any year, that person is liable only to pay one-half of the license fees in respect of that year.
11. A license issued under this By-Law may have attached thereto any such conditions as Council shall determine as necessary in order to comply with the spirit and intent of the provisions of the City of St. John's Act or any other such enabling legislation.
12. An Amusement Machine for which a license is issued under this By-Law may not be used for any purpose prohibited by this By-Law or any other law or regulation or in contravention of any condition that may be attached to any license issued under this By-Law.
13. (1) Subject to subsection (2) hereof and Section 14, Amusement Machines are permitted in the following locations, and no others:
(a) Any land use zone which, under the St. John's Development Regulations, permits a "place of amusement" as therein defined;
(b) Any Establishment which is licensed by the Newfoundland Liquor Commission and which does not permit patrons under nineteen (19) years of age;
(c) Any Commercial Establishment which meets the conditions of Section 14 hereof;
(2) A Juke Box may be installed in any Commercial Establishment in the City.
14. Any Commercial Establishment which does not meet the criteria set out in subsections 13(a) and (b) hereof may apply for a license, for not more than two Amusement Machines, which Council may grant, under the following conditions:
(a) The application must contain the location of the Establishment, the name, address and telephone number of the owner of the Establishment, a floor plan showing the proposed location of the Amusement Machines.
(b) The applicant must place on the front of the Establishment for a period of not less than thirty (30) days a clearly legible sign which shall read:
"An application to install Amusement Machines (Video/ Pin-ball Games) has been made by this establishment. Any person who objects to this applica-tion should contact the Chief Building Inspector, Department of Building and Development, City Hall, New Gower Street, St. John's.
The applicant shall also cause an advertisement containing similar information to be placed in a local newspaper one day per week for two consecutive weeks.
(c) Council may in its discretion refer the application to a public briefing session.
(d) In addition to any other fee required to be paid hereunder, the applicant shall pay to the City an application fee of One Hundred Dollars ($100.00).
15. (1) If an Establishment for which a license is issued under this By-Law is used in contravention of this By-Law or any other law or regulation; or if it, in the opinion of the Council, does or may create a nuisance either to persons in the neighbourhood or to the general public, the Council may suspend such license for such period as Council shall determine, or may revoke the license.
(2) Instead of suspending or revoking a license under subsection (1) hereof, Council may order one or more Amusement Machines to be permanently removed from the Licensed Establishment.
(3) The Inspector shall not issue a license to an Establishment for which Council has previously suspended or revoked a license without first referring the application to Council and obtaining Council's approval thereof.
(4) Where Council orders the suspension or revocation of an Establishment License or the removal of certain Amusement Machines, the Inspector shall cause to be removed from the Establishment some or all the machines as the case requires.
16. No person shall operate or permit to be operated any Amusement Machine which does not have the Operator's identification contained thereon as required by Section 7 hereof.
16.1 Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the City of St. John’s for a by-law or regulatory violation for which he has been convicted shall not be entitled to a license issued pursuant to this By-Law until such time as all such outstanding fines have been paid and proof of payment, in a form acceptable to the Inspector, has been provided to the Inspector. (Amended 04/07/2008; #1515)
17. (a) The person having the care or control of the premises on which or in which an Amusement Machine is situate shall not admit thereto or allow to remain thereat a child under the age of fifteen (15) years of age after the hour of seven o'clock in the evening, unless the child is accompanied by his parent or guardian or by some adult with the consent of the parent or guardian;
(b) Use of Amusement Machines by persons under fifteen (15) years of age shall not be permitted during normal school hours and shall be grounds for suspension or revocation of licenses.
18. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act.
(Amended 11/05/2007; #1508) (Amended 07/24/95; #1358)
19. The Automatic Amusement Machine By-Law of the City of St. John's passed and enacted by the St. John's Municipal Council on the 28th day of March, 1979 and all amendments thereto are hereby repealed. |
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