[HISTORY: Adopted by the Annual Town Meeting
of the Town of Salisbury 5-16-1983 by Art. 18. Amendments noted where applicable.]
[Amended 10-23-2006 ATM by Art. 2]
The purpose of this bylaw is to license and
regulate the use and employment of amusement centers and devices in
the Town of Salisbury.
As used herein:
Shall mean any premises having thereon five or more amusement
devices where such devices are the principal or primary source of
income derived from said premises.
Shall mean any electric or mechanical device which, upon
the insertion of a coin, token, or disc, may be operated by the public
for use as a game, entertainment or amusement, whether or not registering
a score, and whether or not skill is employed in operating said device.
This term shall not apply to any device which, upon the insertion
of a coin, solely dispenses a physical product, or to any devices
which solely produce music.
Shall mean any electronic or mechanical device which provides
"points" or "bets" in a proportional relationship to the number of
coins inserted, whether or not a bonus or prize may be rendered, which
in the opinion of the licensing authority lends itself to a scheme
whereby a player may expect remuneration from the person maintaining
the device based upon points accrued.
Shall mean the Board of Selectmen for the Town of Salisbury.
Shall mean any natural person, profit or nonprofit corporation,
foundation, trustee, partner or partnership, proprietor, or association
owning, maintaining, or operating amusement devices, or amusement
centers.
A.
No person shall operate or maintain or permit to be
operated or maintained on his premises any amusement device without
first obtaining a license to operate such device from the licensing
authority.
B.
Any application for an amusement device license shall
be accompanied by a statement setting forth the following:
C.
License fee. Any person applying to obtain an amusement device license shall, prior to receipt of same, pay a fee of $100 for each amusement device to be maintained on the premises during the license period [Subsection B(5) above]. The applicant may substitute and "rotate" devices without an additional fee provided the maximum number of devices is unchanged. If additional devices are installed during the license period, the applicant must notify the licensing authority within 30 days of installation and pay an additional fee of $100 for each additional amusement device up to four. No fee or portion thereof shall be refunded in the event a lesser number of machines is maintained than applied for during the license period. Any person applying to obtain an amusement center license or a license for five or more amusement devices shall, prior to receipt of said license, pay a fee of $1,000. Upon the issuance of the license, no portion of said fee shall be refundable.
D.
License posted. A license issued for the maintenance
or operation of amusement devices or amusement centers must bear the
signature of a majority of the members of the licensing authority
and shall be posted and maintained in a place where it is clearly
visible to the general public and/or patrons of the premises where
such devices are maintained throughout the license period.
[Amended 10-24-2016 ATM
by Art. 10]
A.
No person shall operate or maintain an amusement center,
as described herein, without first being licensed to do so.
B.
Application procedure. Any person filing to obtain
an amusement center license after the effective date of this bylaw
shall be required to submit an application setting forth the following:
(1)
Location of premises to be used.
(2)
Owner of premises and current use of premises.
(3)
Applicant, address, occupation, and age.
(4)
Scale drawing of premises showing proposed location
of devices.
(5)
A statement that the premises conform to the State
Fire Code and may be occupied by a stated maximum number of people
at any time.
(7)
A management plan (in written format) showing how
many employees are to be on the premises during the day until closing,
the hours of operation, and the measures to be taken to minimize traffic
and crowding.
(8)
A statement that the information provided with the
application is true to the knowledge and belief of the applicant and
the applicant's signature or the signature of one empowered to bind
the applicant.
A.
Amusement devices. The licensing authority may issue
an amusement device license without a hearing provided it is not endorsed
as an amusement center.
B.
The licensing authority may issue a license providing
for fewer than the applied for number of amusement devices if it determines
that the license as applied for would impose a detriment to public
safety, convenience, or to the character of the area where the premises
are situated.
C.
The licensing authority may restrict the hours of
operation of amusement devices on any license issued, where it deems
such restriction would serve public safety, convenience, and the character
of the area.
D.
The licensing authority may refuse to issue an amusement
license, if it determines that any of the following conditions exist:
(1)
That the application fails to include the information
required by this bylaw.
(2)
That, in the case of amusement centers, the management
plan fails to address or show by a preponderance of the available
evidence that its operation will not impose public inconvenience,
a public safety risk, or a substantial detriment to the character
of the neighborhood in which such center is to be placed.
E.
In the event of an application seeking to maintain
or operate an amusement center, at the request of any abutter as defined
in the Zoning Bylaw for the Town of Salisbury,[1] or on the licensing authority's own motion, a public hearing
shall be held by the licensing authority, after publishing notice
at least one week prior to the hearing date, to determine whether
or not such license shall issue. The hearing shall afford all present
the opportunity to present evidence and be heard but may be conducted
in a limited-time-per-speaker format if the licensing authority sees
fit. Written notice of the licensing authority's action shall be given
to the applicant within 30 days of any such hearing or the license
is deemed to be issued upon payment of the fee. If a license is issued
after hearing, publication costs or administrative costs of the hearing
shall be assessed against the applicant as part of the license fee.
F.
Any application for an amusement device license, with
or without an "amusement center" endorsement, must be put on the agenda
of the licensing authority and must be publicly posted with other
matters on such agenda.
A.
The licensing authority may, after written notice
to a license holder, at the address set forth on the license application,
setting forth the violation or noncompliance, hold a public hearing
no less than 10 days after the date when such notice was sent, to
determine whether or not a violation or noncompliance with this bylaw
has been committed by the person licensed.
B.
If, after a hearing at which the license holder has
been afforded the opportunity to examine those presenting adverse
evidence and present evidence of his own, the licensing authority
determines a violation has been committed by the license holder, the
license may be revoked or suspended as the licensing authority sees
fit.
C.
If, after a hearing, the licensing authority determines
to suspend or revoke a license, it shall notify the license holder
in writing, setting forth the action taken by the licensing authority
and the reasons therefor, within 14 days of the hearing date.
D.
In the event of a suspension or revocation, the licensing
authority shall set a starting date, not earlier than 30 days after
the hearing, for such suspension or revocation to begin.
A.
Prohibited practices.
(1)
Gambling devices, as described herein, are not permitted
in the Town of Salisbury. Any operation or maintenance of a gambling
device is a violation of this bylaw. Each day such violation exists
shall be a separate violation of the bylaw punishable as herein provided.
(2)
Operation, installation or maintenance of an unlicensed
amusement device or amusement center or operation or maintenance without
having a license posted in an area clearly visible to the public is
a separate violation for each day such operation continues.
(3)
Any knowing misrepresentation in a license application
is a violation which shall be punishable, after hearing, by revocation
of the license.
A.
Upon the expiration of any current preexisting license
to operate an amusement device or amusement center (as described herein),
the licensing authority, upon submission of a copy of said license
and the fee as herein set forth, shall issue a new license under the
provisions of this bylaw without holding a hearing or inquiring into
the operation of amusement devices at the previously licensed location.
B.
Upon the issuance of said license, the amusement devices,
premises, and persons shall be governed under the provisions of this
bylaw.
A.
Each separate provision of this bylaw is to be independent
of any other provisions. In the event any one provision of this bylaw
is later found to be invalid, then all the other provisions shall
remain in full force and effect.
B.
This bylaw is, wherever possible, to be construed
as consistent with other bylaws of the Town of Salisbury and the Massachusetts
General Laws. This bylaw shall take precedence over previously enacted
inconsistent bylaws of the Town.
