City of Chicopee, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco vending machines — See Ch. 256.
[Adopted as Sec. 51/I/9 of the 1976 Code]
[Amended 9-23-1980]
It shall be unlawful for any person to possess, consume from and/or transport an open container of alcoholic beverages on any public street, public sidewalk or public way or on any grounds owned by the City or any place to which the public has right of access as invitees within the limits of the City; except that this section shall not apply at the events or festivals duly licensed by the License Commission of the City and approved in writing by the board, commission, department or official of the City having the care and custody of the premises so licensed, to the extent of such license and approval.[1]
[1]
Editor's Note: Former § 109-1.1, Kegs, added 3-19-1991 by Ord. No. 91-12; § 109-1.2, Sale of liquor, added 3-19-1991 by Ord. No. 91-12; and § 109-1.3, Sale of additional beverages upon approval, added 6-18-1996 by Ord. No. 96-36, which sections immediately followed this section, were repealed 3-21-2000 by Ord. No. 00-32.
[Amended 11-20-1984; 2-15-2000 by Ord. No. 00-16]
The fine is established at $50 for the first offense; $100 for the second offense; and possible suspension or revocation for a third or subsequent offense. Violators are subject to arrest under MGL c. 272, § 59.
[Adopted 12-21-1999 by Ord. No. 99-115]
[Added 12-21-1999 by Ord. No. 99-115]
A. 
Any person, firm or corporation or any other entity which has an automatic amusement device must display an automatic amusement device sticker as issued by the Board of Alcoholic Beverages License Commission. Failure to so display shall result in the imposition of a fine of $50 per offense.[1]
[1]
Editor's Note: Former Subsection B, which immediately followed, regarding replacement cost for each sticker, was repealed 9-1-2015 by Ord. No. 15-46.
[Added 10-17-2006 by Ord. No. 06-11A]
A. 
By virtue of MGL c. 140, § 177A, the License Commission may grant a license to operate an automatic amusement device, as defined therein, for hire, gain or reward, and, after written notice to a licensee, may suspend or revoke such a license. It is the purpose and intent of this section to prohibit the License Commission from issuing a license for any automatic device that is intended to be used as a gaming device or which, although meeting the definition of an automatic amusement device, may reasonably be considered to present a risk of misuse as a gaming device.
B. 
This article is adopted in accordance with the authority, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution, Chapter 294 of the Acts of Massachusetts 1920, as amended, and the powers granted, and reserved, to cities in the Massachusetts General Laws.
[Added 10-17-2006 by Ord. No. 06-11A]
A. 
In accordance with MGL c. 140, § 177A, as amended from time to time, hereafter, any individual or business desiring to keep and operate an automatic amusement device for hire, gain or reward shall secure an annual license from the License Commission, which shall design a license application to be completed by the applicant for each device and each location where such device is to be kept and operated. The fee for each device licensed pursuant to this article shall be $100.
[Amended 11-18-2008 by Ord. No. 08-62; 11-19-2013 by Ord. No. 13-20]
B. 
The License Commission shall not grant a license for any device that is intended for use as a gaming device nor for any automatic amusement device which may reasonably be considered to present a risk of misuse as a gaming device. Automatic amusement devices which may reasonably be considered to present a risk as gaming devices are those devices which simulate actual gaming devices, including so-called "video poker" and games which involve matching forms, shapes or random number combinations.
[Added 10-17-2006 by Ord. No. 06-11A]
A. 
The maximum number of automatic amusement devices allowed on any single business premises shall be six unless the License Commission, after duly noticed public hearing, has issued its written authorization for a greater number of such devices.
B. 
Automatic amusement devices shall be so installed on the premises described in the license as to be in open view at all times while in operation, and shall at all times be available for inspection. Unlicensed automatic amusement devices are prohibited.
[Added 10-17-2006 by Ord. No. 06-11A]
A. 
The Chicopee Police Department shall serve as agent to the License Commission for the enforcement of §§ 109-4 through 109-6 of this article.
B. 
All licenses for automatic amusement devices granted by the License Commission shall be subject to inspection by the Chicopee Police Department to ensure conformance with submitted application information and the requirements of §§ 109-4 through 109-6 of this article and MGL c. 140, § 177A.
C. 
Any unlicensed automatic amusement device or any licensed automatic amusement device used in violation of §§ 109-4 through 109-6 of this article and MGL c. 140, § 177A, shall be subject to immediate seizure by the Chicopee Police Department. In the event of such seizure, the Police Department shall promptly provide a written report to the License Commission. Upon receipt of the report, the License Commission shall schedule a hearing at its next following regular meeting to which the owner, if known, of the automatic amusement device and the licensee at whose premises said device was seized shall be summoned to appear. Failure to appear after receipt of notice shall be deemed a waiver of the right to challenge the seizure of the automatic amusement device.
D. 
A violation of §§ 109-4 through 109-6 of this article or MGL c. 140, § 177A, shall be grounds for revocation of any license issued by the City of Chicopee and held by the violator, including a license to sell alcoholic beverages, and may otherwise be punished as allowed by law or a fine or $500 per machine, or both.