Cap 435 s 5 Application for and grant of a licence (Amusement Game Centres Ordinance)

Contents of Section

Chapter:	435	Title:	Amusement Game Centres Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	5	Heading:	Application for and grant of a licence	Version Date:	02/08/2012

(1) An application by a person for a licence shall be-

(a) made to the appointed public officer in such form and manner as the appointed public officer may determine;

(b) accompanied by such information, particulars and plans as the appointed public officer may require; and

(2) Notice of an application made under subsection (1) by a person applying for a licence, in such form and containing such particulars as the appointed public officer may require, shall be furnished to the appointed public officer by the person so applying and shall be advertised by that person on not less than 2 occasions, in Chinese, in one Chinese language newspaper circulating in Hong Kong and on not less than 2 occasions, in English, in one English language newspaper circulating in Hong Kong.
(3) Subject to subsection (4), the appointed public officer may grant a licence, and may impose such conditions in relation to the operation, keeping, management or other control of the amusement game centre as he thinks fit.
(4) The appointed public officer shall not grant a licence unless he is satisfied in relation to the proposed operation of the amusement game centre, that- (Amended 17 of 2011 s. 28)

(a) the person applying for a licence is an individual person who-

(i) has attained the age of 18 years;

(ii) is a fit and proper person to operate an amusement game centre;

(iii) will adequately and personally supervise the operation of the amusement game centre;

(iv) is not the agent, representative or servant of any person whose licence has been revoked or whose application to renew a licence has been refused under section 9;

(b) the place of proposed operation is-

(i) suitable for the operation of an amusement game centre; and

(ii) located in an area suitable for the operation of an amusement game centre.

(5) In the making of a decision under subsection (4)(b) the appointed public officer, without affecting the generality of that subsection, may take into account the views of persons whose place of residence or employment is within the District of the place of proposed operation.
(6) Where the appointed public officer refuses to grant a licence he shall make a written order, properly dated and signed, to that effect adequately stating by reference to subsection (4)(a) or (b), the matter in respect of which he is not satisfied and shall send a copy thereof by registered post to the applicant, at the address last known to the appointed public officer.
(7) A licence granted under this section shall-

(a) be in such form as the appointed public officer may determine;

(b) not take effect except on payment of the prescribed fee payable for the grant of a licence;

(i) with such number and type of machines or devices;

(ii) for the playing of such type of games by persons of such category or description-

(A) who are under the age of 16 years; or

(B) who have attained the age of 16 years;

(iii) at such place; and

(iv) for a period of 12 months or such lesser period,

as shall be indicated therein.

(8) In subsection (5), District (地方行政區) has the meaning assigned to it by the District Councils Ordinance (Cap 547). (Replaced 8 of 1999 s. 89)

(Enacted 1993. Amended 17 of 2011 s. 28)