[HISTORY: Adopted by the Town Council of the Town of Portsmouth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 75.
Alcoholic beverages — See Ch. 89.
[Adopted 5-24-1982 by Ord. No. 82-1]
As used in this article, the following terms shall have these meanings:
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. This definition does not include:
A. 
A jukebox.
B. 
Rides.
C. 
Bowling alleys.
D. 
Any device maintained within a residence for the use of the occupants thereof and their guests.
E. 
Any device the possession or use of which is prohibited by law.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.
PERSON
One or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver or assignee.
TOWN
The Town of Portsmouth.
No person shall maintain or operate an amusement game in Town unless said person first obtains a license under this article.
A. 
An application for an amusement game license shall be made to the Town Council on forms which shall include the following information:
(1) 
If an individual, the name, address, date of birth, social security number, place of birth, and telephone number of the applicant.
(2) 
If a firm, corporation, partnership, or association, the names, dates of birth, social security numbers, telephone numbers, and places of birth of the principals, officers or partners and the names and addresses of the stockholders of closely held corporations.
(3) 
The name, address, and social security number of any person, firm, corporation, partnership, or association having any financial interest in such amusement games.
(4) 
A description of the location where such amusement games are to be located, including the square footage of the proposed operating area.
(5) 
Prior convictions of any crime or misdemeanor of the applicant (if an individual) or of the principals, partners, officers and stockholders of the applicant (if a firm, corporation, partnership, or association).
B. 
Upon receipt of an application for an amusement game license, the Town Clerk shall refer it to:
(1) 
The Building Official to determine whether the premises in which the applicant intends to locate amusement games complies with all applicable building and zoning laws, ordinances, rules and regulations. For that purpose, the Building Official and employees of his department shall have the right to enter upon and inspect the premises during normal business hours.
(2) 
The Chief of Police, who shall investigate the amusement games sought to be licensed, the proposed location, and the applicant.
A. 
Upon completion of the application, the Town Clerk shall forward it, with the recommendations of the Building Official and Chief of Police, to the Town Council for its review and action.
B. 
In approving a license, the Town Council may establish conditions and safeguards to promote and protect the health, safety and general welfare of the Town and its inhabitants.
C. 
Upon approval by the Town Council, the Town Clerk shall issue a license upon payment of the license fee established in § 95-6. The license shall state:
(1) 
The maximum number of amusement games permitted in the proposed location.
(2) 
Any other conditions or restrictions imposed by the Town Council.
A. 
The licensee shall comply with all provisions of law, ordinances, rules or regulations relating to the conduct of business and the use and maintenance of the premises where such amusement games are located.
B. 
The licensee shall cause the amusement game license to be posted at all times in a conspicuous place in such premises.
C. 
The licensee shall maintain good order on the premises at all times. The lack of good order on the premises shall include but shall not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages in premises that are not licensed to sell or dispense alcoholic beverages.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance, possession of which is prohibited by Rhode Island law.
D. 
The licensee shall not permit an amusement game to be played or operated during school hours or after 10:00 p.m. by a person under the age of 18, unless accompanied by a parent or other guardian over the age of 21.
E. 
The licensee shall provide a sufficient number of responsible supervisory personnel to assure the safe and orderly operation of the premises at all times.
F. 
The licensee shall not allow amusement games therein to be played on any day between the hours of 2:00 a.m. and 9:00 a.m.
G. 
The licensee shall not allow more amusement games than the number permitted in the license to be located in such premises at any time.
A. 
The annual fee for an amusement game license shall be $15 for each machine authorized hereunder.
B. 
The fees fixed herein may be modified from time to time by ordinance of the Town Council.
Any premises in the Town containing amusement games, when open for transaction of business, shall be subject to inspection by any police officer.
Amusement game licenses shall expire annually from the date of passage of this article. Applications for renewal of said licenses shall be submitted at least 30 days prior to expiration of said licenses.
The Town Council may revoke or suspend an amusement game license for cause after notice to the licensee and a public hearing.
In the event the licensee and/or owner and/or operator of the premises containing amusement games shall knowingly permit any person under the age of 18 years, unaccompanied by a parent or legal guardian over the age of 21 years, to play or operate an amusement game during school hours or after 10:00 p.m., such licensee and/or owner and/or operator shall be guilty of an offense punishable by a fine not exceeding $100 or imprisonment not exceeding 30 days, or both.
[Adopted 8-27-1991 by Ord. No. 91-8-27A]
No person, firm, partnership, corporation or other entity shall, publicly or for pay or profit or other pecuniary advantage to himself, exhibit, promote, conduct, give, hold or take part in horse shows, wrestling, boxing or sparring matches or exhibitions, or any roller-skating in any rink or hall, dances, balls or other shows or performances, at which attendance by the general public or any group or organization or a combination thereof shall exceed 500 people, without first obtaining a license for same (herewith "entertainment license") from the Town Council of the Town of Portsmouth.
Application for an entertainment license shall be made in a form prescribed by the Town Council and provided by the Town Clerk and shall be submitted to the Town Clerk not less than 30 days prior to the date of the event for which the license is sought.
The application shall contain the following information: name and address of proposed licensee; location of event; name and address of the owner of land upon which the event is to be held; nature or type of entertainment to be licensed; whether food or beverages are to be sold or given away during said event and, if so, whether the sale or distribution of alcoholic beverages (as defined in R.I.G.L. § 3-1-1 et seq.) is contemplated; whether fireworks are contemplated; the dates upon which the licensed event is to take place; the hours said event is to take place; whether or not the event will provide amplified sound (human voice, music or otherwise); the number of tickets or passes printed for each day of said event; the expected number of participants and/or attendees; and the primary age group of expected attendees. The application shall also contain the name, home address and date of birth of the proposed licensee or a responsible officer, partner or principal of the partnership, firm, corporation or other entity seeking the license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Upon receipt of any such application, the Town Clerk shall forthwith forward a copy of same to the Chiefs of the Police and Fire Departments and the Building Inspector, all of whom shall investigate each such application and report back to the Council their findings thereon.
B. 
Upon submission of an application for an entertainment license, the proposed licensee or the owner of the land joining in the application shall be deemed to have consented to an inspection of the site of the event by public safety officers of the Town of Portsmouth at reasonable times upon notice by said public safety officers. Failure or refusal to allow or provide for such inspection shall be just cause for denial of said license application.
A. 
The Town Council, sitting as a Board of License Commissioners, having due regard for the public health, safety and welfare, may deny, grant or grant subject to reasonable conditions or restrictions any such license application.
B. 
In granting any said license, the Town Council may set the hours of operation of any event, fix the maximum attendance, mandate the provision of adequate sanitary facilities and order the hiring of such security, medical, fire prevention and other such personnel as it shall deem necessary to safeguard the public, said personnel to be paid by the licensee. In the event that the licensee, after grant of said license, shall fail or refuse to retain adequate security, medical or fire prevention personnel, the Town Council may appoint said personnel, and the cost of same shall be charged to the licensee, or the license may be revoked.
C. 
The Town Council may also impose such other conditions and restrictions upon the grant of the license as it deems reasonably necessary in order to safeguard the health, safety and welfare of attendees and the general public.
The fee for any entertainment license set forth herein shall be $100.
The grant of an entertainment license shall allow for those specific activities and types of entertainment as applied for and no other.
A. 
Any person, firm, partnership, corporation or other entity who shall violate the licensing requirements described herein by not obtaining a license shall be fined $500 or be imprisoned not exceeding one year.
B. 
Any person, firm, partnership, corporation or other entity who shall violate the licensing requirements herein by failing to comply with the conditions imposed on the grant of such license shall be fined not more than $250 and/or imprisoned for not more than six months.