[HISTORY: Adopted by the Board of Selectmen of the Town of
Merrimack 10-7-1982; amended 5-13-1993 ATM by Art. 8; amended by Town Council 12-3-2009; 5-24-2012; 1-25-2018; 9-23-2021. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine which, upon the insertion of a coin, slug, token
or similar object, may be operated by the public generally for use
as a game, entertainment or amusement, whether or not registering
a score. It shall include such devices as electronic games, pinball
machines, skill ball, mechanical grab machines and all games, operations
or transactions similar thereto under whatever name they may be designated.
The term does not include vending machines in which are not incorporated
gaming or amusement features, nor does the term include any coin-operated
musical devices or rides.
A game whose outcome is strongly influenced by some randomizing
device, and upon which contestants may choose to risk money or anything
of monetary value upon a future contingent event not under one's
control or influence, upon an agreement or understanding that something
of value will be received in the event of a certain outcome. Common
devices used include dice, spinning tops, playing cards, roulette
wheels, or numbered balls drawn from a container.
Includes any of those entities or combinations thereof owning
an amusement device or maintaining an establishment where one or more
amusement devices are available for use by the public or having control
over such establishment.
No person, firm, corporation or association shall display for
public patronage or keep for public operation any amusement devices
without first obtaining a license from the Town. Any firm, person,
corporation or association may request permission to keep for public
operation amusement devices by submitting an application to the Town
Manager; however, the total number may not exceed 30 amusement devices.
In accordance with RSA 31:41-d, the Town Manager shall have the authority
to establish reasonable conditions for the issuance of a license as
may be deemed appropriate.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling or gambling devices not permitted by
state law.
The Town Manager may deny the application for a license herein
for good cause shown or on the basis of previous violations by the
applicant or their agents of the terms of this chapter. If the application
is denied by the Town Manager, the applicant may file, within seven
business days of the receipt of the Town Manager's decision,
a written appeal to the Town Council for review of the application.
The Town Council shall consider the appeal at the next available regular
Town Council meeting.
Any license issued pursuant to this chapter shall expire on
the first day of July of each year and may be renewed only after compliance
with the provisions of this chapter.
The application for an amusement device license shall, in addition
to such information as may be required by the Town Council or its
designee, contain no less than the following:
A.Â
The name and address of the applicant and, if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses.
B.Â
A full description of the premises, including the character of the
business as carried on at such place.
C.Â
A general description of the type of device or devices to be licensed,
including the number of proposed amusement devices and their location
on said premises.
Any application for an amusement device license shall contain
a management plan containing at least the following:
A.Â
The actual hours of operation.
B.Â
The number of qualified employees to be present at all times.
C.Â
A plan to control loitering and bicycle/motor vehicle parking in
the vicinity of the premises.
D.Â
A description of proposed operations to show proper control of noise,
glare and overcrowding.
E.Â
Provision for a designated area within the establishment where all
amusement devices shall be located.
The applicant, before being granted a license, shall pay a license
fee of $50 per year or any part thereof for each device used or played
or exhibited for use or play. All license fees shall be payable in
advance. In no case shall any portion of the license fee be repaid
to the licensee.
All amusement devices shall be kept and placed in plain view
of any person or persons who may frequent or be in any place of business
where such devices are kept or used.
No person shall permit a person under 16 years of age to play
or operate any amusement game of chance as defined in this chapter;
provided, however, that, the provisions of this section shall not
apply to any person under 16 years of age accompanied by his or her
parent, guardian or other suitable adult person having care and custody
of such minor.
A license shall not be transferable from person to person, nor
place to place, and shall be usable only at the place and by the person
designated on the license.
The Police Chief or designee shall inspect or cause the inspection
of any establishment, place or building in which any amusement device
or devices are operated or set up for operation and inspect, investigate
and test such devices as often as reasonably necessary, but no less
than once a year, to secure compliance with any chapter provision
or to detect violations thereof. It shall be the duty of the licensee
or the person in charge of the premises to be inspected to admit the
Police Chief or designee for the purpose of making the inspection
at any reasonable time that admission is requested.
Any person, firm, corporation or association found to have violated
this chapter shall be guilty of a violation and, upon conviction thereof,
shall be subject to a penalty not to exceed $1,000.
A license issued under the provisions of this chapter may be
revoked or suspended upon determination that a violation of this chapter
has been committed by the license holder, his agent or employee. Such
revocation or suspension shall be carried out by the Town Manager
only after due notice and hearing.
The Town Manager may, at his/her sole discretion, waive some
or all of the provisions this chapter.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein; and it is further ordained that if
any of the provisions of this chapter are found to be invalid by a
court of competent jurisdiction, all other provisions thereof shall
remain valid and enforceable.
This chapter originally became effective 7-1-1993; amended by
the Merrimack Town Council 12-3-2009; 5-24-2012; 1-25-2018; 9-23-2021.
