Any person displaying for public patronage or keeping for operation
any mechanical and/or electronic amusement device(s) as herein defined shall
be required to obtain a license from the town for each and every such machine.
As used in this chapter, unless the context otherwise indicates, the
following terms shall have the respective meanings ascribed to them:
MECHANICAL AND/OR ELECTRONIC AMUSEMENT DEVICE(S)
Any machine which, upon the insertion of a coin, slug, plate or disc,
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 marble machines, pinball machines, skill ball, mechanical and/or electronic
grab machines and all games, operations or transactions similar thereto under
whatever name they may be indicated.
PERSON
Includes a corporation, firm, partnership, association, organization,
club, society, body corporate or politic, or any other group acting as a unit,
as well as a natural person, including the following: any person who owns
any such machine, the person in whose place of business any such machine is
placed for use by the public and any person having control over such machine.
Nothing in this chapter 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 law.
Application for such license shall be made to the Town Council upon
a form to be supplied by the Town Clerk for that purpose. The application
shall contain the following information:
A. Name, address and date of birth of applicant.
B. Prior arrests and convictions of applicant, if any.
C. Place where machine or device is to be displayed or operated
and the business conducted at that place.
D. Name and address of the owner of the machine or device.
E. Description of machine to be covered by the license,
mechanical/electronic features, name of manufacturer, serial number and such
additional information as may be required from time to time.
No license shall be issued to any applicant unless he shall be over
twenty-one (21) years of age.
Application for such license shall be made out in duplicate, and one
(1) copy shall be referred to the Chief of Police. The Chief of Police shall
investigate the location wherein it is proposed to operate such machine, ascertain
if the applicant is a person of good moral character and either recommend
approval or disapproval of the application.
Every applicant, upon being granted a license for the privilege of operating
or maintaining for operation any mechanical and/or electronic amusement devices
as defined herein, shall pay an annual fee to be set by ordinance by the Town
Council per machine for up to three (3) such machines, and the fee for each
additional machine shall be as set by ordinance of the Town Council.
The license herein provided for shall be posted permanently and conspicuously
at the location of the machine in the premises wherein the device is to be
operated or maintained to be operated.
Such license may be transferred from one (1) machine or device to another similar machine upon application to the Town Council to such effect and the giving of a description and the serial number of the new machine or device. Not more than one (1) machine shall be operated under one (1) license, and the applicant or licensee shall be required to secure a license for each machine displayed or operated by him. If the licensee shall move his place of business to another location within the town, the license may be transferred to such new location within the town, the license may be transferred to such new location upon application to the Town Council, giving the street and number of the new location. The new location shall be investigated by the Chief of Police in the same manner as provided in §
78-6 above.
Every license issued under this chapter is subject to the right which
is hereby expressly reserved to revoke the same should the licensee, directly
or indirectly, permit the operation of any mechanical/electronic device contrary
to the provisions of this chapter, other ordinances of the town or the laws
of the state, including the use of such device by any minor under the age
of eighteen (18) years. Said license may be revoked by the Town Council 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 (10) days' notice
of the hearing shall be given the licensee. At such hearing, the licensee
and his attorney may present and submit evidence and witnesses in his defense.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be punished, for each violation, by a fine of not more
than five hundred dollars ($500.) or by imprisonment for not more than thirty
(30) days. The continuation of a violation of any provision of this chapter
shall constitute, for each day the violation is continued, a separate and
distinct violation hereunder.