[Gen. Ords. 1962, § 9-3; Ord. No. 26916, 5-14-1990]
Every person licensed to keep a billiard, pool or sippio table
or a shuffle board or a bowling alley, shall pay to the City Clerk
for the use of the City, the sum of $15 for each table or board or
alley. All such licenses shall be recorded by the City Clerk in a
book kept for that purpose before being delivered to the licensee,
and shall set forth the name of the person licensed, the nature of
the business, the number of tables and the building or place in the
City in which it is to be carried on, and shall continue in force
until the first day of May next ensuing, unless sooner revoked; provided,
that such licenses may be granted during the month of April, to take
effect on the first day of May then next ensuing.
State law reference — Licensing
of billiard tables, bowling alleys, etc., MGL c. 140, §§ 177;
178; 202-205.
[Ord. No. 25163, 9-13-1982]
(a)
ARCADE
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE (DEVICE)
PERSON
Definitions. For the purposes of this Section, the following words
shall have the following meanings:
The business premises, open to the public, where more than
five mechanical or electronic amusement devices are located. Where
the business premises are used for business purposes other than the
operation of mechanical or electronic amusement devices, then "arcade"
shall mean that portion of the premises where the devices are located.
Any machine, apparatus, contrivance, appliance or mechanism
which may be operated or played by placing or depositing therein of
any coin, check, slug, ball, or any other article or by paying therefor,
either in advance of or after use, involving in its use either skill
or chance, including but not limited to, pinball machines, electronic
video games and automatic amusement devices as defined in Chapter
140, Section 177A of the General Laws or any other similar machine
or device.
Any corporation, association, syndicate, joint-stock company,
partnership, club, society or individual. Use of the pronoun "he"
shall include reference (to the pronoun "she";) where appropriate,
the singular shall include the plural and the plural shall include
the singular.
(b)
License required. It shall be unlawful for any person having title
to or responsibility for the maintenance or operation of any restaurant,
public hall, store, place of amusement or any other place, to which
members of the public have access, to maintain, operate or permit
to be operated or maintained in said premises, any device without
having first obtained a valid license from the License Commission,
pursuant to the provisions of this section.
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A license granted by the License Commission for the operation
of more than five devices at the same business address shall be called
an "arcade license."
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(c)
Special provisions. Notwithstanding the provisions of Subsection (1) of this section or any other subsection to the contrary, the following provisions shall apply:
(1)
Where the business premises are used for business purposes other
than the operation of devices, then the "arcade" portion of those
premises shall be maintained separate from the business premises by
a divider approved by the License Commission.
(2)
The licensee shall provide a minimum of 50 square feet for each device
located in an arcade.
(3)
In no event shall the License Commission allow more than 35 devices
on a single arcade license; and, in no event shall more than one arcade
license be issued to the same business address.
(4)
Each licensee shall have at all times, during hours of business,
a responsible attendant on duty for the purpose of supervising activities
within, and said employee shall be at least 18 years of age and shall
not have been convicted of a crime involving moral turpitude. Such
attendant shall wear proper identification which shall be clearly
visible. In addition, the License Commission shall have the authority,
as a condition to granting a license, to require the licensee of an
arcade to have a police officer or security officer on duty on the
premises during certain hours specified by the Commission.
(5)
No arcade license shall be issued for premises located at a distance
of less than 200 feet from any church or elderly housing complex.
[Amended 10-9-2018 by Ord. No. 34226]
(6)
The devices in an arcade shall not be operated between the hours
of 12:00 midnight and 6:00 a.m. The License Commission shall have
discretion to require earlier closing times for any arcade.
(d)
Gambling devices not permitted. Nothing in this section shall in
any way be construed to authorize, license or permit any gambling
devices whatsoever, or any mechanism that has been judicially determined
to be a gambling device, or in any way contrary to any future laws
of the commonwealth.
(e)
Application. Application for such license shall be made out in duplicate
and submitted to the License Commission upon a form to be supplied
by the License Commission for that purpose. The application for such
license shall contain the following information.
(1)
Name and address of the applicant, age, date and place of birth.
If said applicant is a corporation, partnership, association or other
business entity, said application shall include certified documentation
sufficient to prove the applicant's existence, principal business
address, person or officer upon whom service of process may be served,
and the names and addresses of all directors, partners, or if an association
or corporation, of all members of said association or corporation.
(2)
Prior criminal convictions, if any, of the applicant or its directors,
partners or members as specified in paragraph (1) above.
(3)
Place where machine or device is to be displayed or operated and
the business conducted at that place.
(4)
Description of machine or machines to be covered by the license,
mechanical features, name of manufacturer, and model number.
(5)
A floor plan of the business premises intended to be used for the
housing of devices for play by members of the public. For the purpose
of this subsection, the term "business premises" shall include the
entire building or structure, or portion thereof, housing said devices,
and open for public access. Said floor plan shall clearly indicate
the total square foot area of said business premises and shall indicate
the intended position of said devices. The scale of said plan shall
be established by regulation of the license commission.
(6)
An approved certificate of occupancy issued by the building department
for the business premises intended to be used for the housing of devices
for play by members of the public.
(7)
A certificate of approval issued by the inspector of wires, verifying
that the electrical installation in said premises is adequate for
the uses intended and is in conformance with the Massachusetts Electrical
Code (Form FPR-11) as amended.
(8)
A certificate of approval from the fire department.
(9)
The names and residential addresses of all persons who have any equitable
consideration to the applicant's business, as said interest or consideration
relates to the procurement, maintenance, operation or display of devices.
(10)
Documentation sufficient to prove that the devices to be licensed
shall be lawfully in the possession of the applicant within 14 days
after approval of said license.
(f)
Age of applicant. No license shall be issued to any applicant unless
he shall be over 18 years of age, and provide proof of United States
citizenship or legal residence status as an alien.
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This provision shall similarly apply to any applicant acting
as the authorized agent of a corporation, partnership, association,
or other business entity.
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(g)
Consideration of application. The license commission shall conduct a public hearing in accordance with the provisions of General Laws, Chapter 39, Section 23B, within 30 days from the date of receipt by the license commission of a properly completed application as set forth in Subsections (e) and (f) above, to consider said application.
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The license commission may refuse to approve issuance or renewal
of a license for one or more of the following reasons:
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(1)
A false statement as to a material matter made in an application
for a permit.
(2)
Revocation of a permit, pursuant to this section, of the applicant
or corporate officers of the applicant within two years preceding
the filing of the application.
(3)
Failure by the applicant or any officer or principal of the applicant
to comply with the provisions of the building code, fire code and
other pertinent provisions of all City ordinances as far as can be
determined.
(4)
Failure by the applicant or any officer or principal of the applicant
to comply with the rules and regulations of the license commission
or with specific conditions imposed by the commission on the particular
license in question.
(5)
Determination by the commission that the applicant or any officer
or principal of the applicant has, within the past 10 years, been
convicted of a crime involving moral turpitude.
(6)
Determination by the commission that the approval of such issuance
or renewal of the license would lead to the creation of a public nuisance
or endanger the health, safety, order or morals of the general public
by:
a.
Unreasonably increasing pedestrian or vehicular traffic in the area
in which the premises are located;
b.
Increasing the incidence of illegal or disruptive conduct in the
area in which the premises are located; or
c.
Unreasonably increasing the level of noise in the area in which the
premises are located; or
d.
Otherwise significantly harming the legitimate protectable interests
of the affected citizens of the City.
(h)
License fee. Every applicant, before being granted a license, shall pay $100 as the annual license fee for the privilege of operating or maintaining for operation each device as defined in Subsection (a) paragraph (1) herein. Each license shall expire on December 31 of each year. 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 in the license.
(i)
Display of license.
(1)
The license herein provided for shall be posted permanently and conspicuously
in the premises wherein said device or devices are to be operated
or maintained to be operated.
(2)
Such license may be transferred from one device or devices to another
similar device or devices upon application to the license commission
to such effect and the giving of a description and the serial numbers
of the devices involved in the transfer and the filing of a $25 fee.
(3)
If the licensee shall move his place of business to another location
within the City, the license may be transferred to such new location
only upon reapplication to the license commission in accordance with
the provision of Subsections (e), (f) and (g) of this section.
(j)
Revocation of license. Every license issued under this section is
subject to the right of the license commission, which is hereby expressly
reserved, to revoke the same should the licensee, directly or indirectly,
permit the operation of any device contrary to the provisions of this
section, the ordinances of the City, the rules and regulations of
the license commission or the laws of the commonwealth. Said license
may be revoked by the license commission after written notice to the
licensee, which notice shall specify the ordinance or law violations
with which the licensee is charged, if after a hearing the licensee
is found to be guilty of such violations. Ten days notice of the hearing
shall be given the licensee. At such hearing the licensee and his
attorney may present and submit evidence of witnesses in his defense.
(k)
Seizure and destruction of device. If the chief of police shall have
reason to believe any device or devices are used as gambling devices,
he shall, upon a validly issued search and seizure warrant, cause
said device or devices to be seized and impounded and if, upon trial
of the exhibitor for allowing said device or devices to be used as
gambling devices, said exhibitor be found guilty, such device or devices
shall be destroyed by the police, upon proper order by the court.
(l)
Prohibitions.
(1)
Each device shall be installed in such manner as to afford a direct
and unobstructed means of entrance and exit from the business premises
by means of a corridor or system of corridors of no less than 36 inches
in width.
(2)
Any business establishment which utilizes more than a total of 150
square feet of open and accessible space between said devices and
for use as corridors between or adjacent to said devices as detailed
in the immediately preceding paragraph, or any business establishment
which displays on its premises a number of devices available for play
by the public, which devices if played simultaneously could accommodate
an aggregate of 50 or more players, shall be deemed a place of public
assembly and shall be subject to all regulations of the Building Code
of the commonwealth governing places of public assembly as set forth
therein.
(3)
It shall be unlawful and a violation of this section for any business
establishment to erect and maintain for play by members of the public,
more than one device for each 500 square feet of gross floor area
of said business establishment, except as provided in Subsection (c)
of this section.
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For the purpose of this subsection, gross floor area shall be
defined as the sum, in square feet, of the gross horizontal areas
of the floor of a building where the devices are located. Gross floor
area shall not include:
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a.
Elevator shafts and stairwells on each floor;
b.
Attic space, whether finished or unfinished, not excluded in paragraph
g. below;
c.
Interior balconies, mezzanines;
d.
Basement and cellar areas, not excluded in paragraph f. below;
e.
Areas used for parking garages, accessory parking, or off-street
loading purposes;
f.
Areas devoted exclusively to the operations and maintenance of the
building such as heating and cooling equipment, electrical and telephone
facilities, and fuel storage; and
g.
Other areas for elevator machinery or mechanical equipment necessary
for the operation of the building.
(4)
It shall be unlawful for any licensee or permit holder to operate
any establishment without an attendant, at least 18 years of age,
in attendance at all times.
(5)
It shall be unlawful for a licensee to allow any person under the
age of 17 years of age to play a device during the hours of 6:30 a.m.
to 3:00 p.m. on those days when Waltham public schools are in session.
(m)
Rules and regulations of commission. The license commission shall
issue rules and regulations for the use of such devices, but said
rules and regulations may only relate the compliance with applicable
laws or ordinances, or to public safety, health order or welfare,
or to steps required to be taken to guard against creation of a nuisance
or to insure adequate safety and security for patrons of the affected
public. The license commission may also require from time to time
the furnishing of reports concerning the ownership of such devices
or other interest therein, receipts for the use of such devices and
any other information which it may deem pertinent concerning such
devices and their use and operation.
(n)
Penalty. Any person, firm or corporation violating any of the provisions
of this section, in addition to the revocation of the license involved,
shall be liable to a fine or penalty of not less than $50 nor more
than $200 for each offense. Every day that the offense continues shall
be considered a separate violation.
(o)
Repeal of conflicting ordinance. All existing ordinances of the City
are hereby repealed insofar as they may be inconsistent with the provisions
of this section.
(p)
Effective date. The section shall be in full force and effect 60
days from the date of passage for all business premises which currently
maintain and operate devices for play by members of the public. For
all other applicants, this section shall take effect on the date of
passage.
(q)
Nonprofit organizations. The provisions of this section shall not
apply to devices located on the premises of universities, colleges,
fraternal organizations, veterans' organizations and other so-called
"nonprofit" organizations.
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State law reference — Automatic
amusement devices, M.G.L.A. c. 140, §§ 177A—180.
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