[Adopted 6-22-1993 by Ord. No. 595 as
Secs. 10-96 to 10-113 of the 1993 Code; amended in its entirety 5-8-2006 by Ord. No. 764]
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Any machine which, upon the insertion of a coin, slug, token,
plate, disc or key, may be operated by the public generally for use
as a game, entertainment or amusement, whether or not registering
a score. It shall include any device which is constructed or operated
by the methods or principles of electronics or which utilizes the
transactions similar thereto under whatever name they may be described.
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
Any machine which, upon the insertion of a coin, slug, token,
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 grab machines, and all games, operations or
transactions similar thereto under whatever name they may be indicated.
Any person, firm, corporation or association which owns any
such machine; the person, firm, corporation or association in whose
place of business any such machine is placed for use by the public;
and the person, firm, corporation or association having control over
such machine.
Any person displaying for public patronage or
keeping for operation any jukebox, electronic or video game, or mechanical
amusement device shall be required to obtain a jukebox, electronic
or video game, or mechanical amusement device license from the Town
upon payment of a license fee.
Not more than one machine shall be operated
under one jukebox, electronic or video game, or mechanical amusement
device license, and the applicant or licensee shall be required to
secure a license for each and every machine displayed or operated
by him.
Application for such jukebox, electronic or
video game, or mechanical amusement device license shall be made to
the Town Council upon a form to be supplied by the Town Clerk for
that purpose and shall contain the following information:
A.
Name, address and date of birth of the 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.
Description of machine to be covered by the license,
mechanical features, name of manufacturer, serial number, and such
additional information as may be required from time to time.
E.
Other such information as is stipulated by the Town
Clerk.
Application for a jukebox, electronic or video
game, or mechanical amusement device license shall be made out in
duplicate, one copy being referred to the Chief of Police and the
other copy to the Building Official.
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 approve or disapprove
the application for a jukebox, electronic or video game, or mechanical
amusement device license.
The Building Official shall inspect all wiring
and connections to the machine, determine if the machine complies
with the Electrical Code of the Town and the state and all related
building and zoning requirements, and shall either approve or disapprove
the application for a jukebox, electronic or video game, or mechanical
amusement device license.
No jukebox, electronic or video game, or mechanical
amusement device license shall be issued to any applicant unless approved
by the Chief of Police and the Building Official.
Every applicant, upon application for a jukebox,
electronic or video game, or mechanical amusement device license,
shall pay the annual license fee for the privilege of operating or
maintaining for operation each jukebox, electronic or video game,
or mechanical amusement device. Such fee shall be payable in full
whether or not such license is issued for a full year.[1]
No jukebox, electronic or video game, or mechanical
amusement device license shall be issued to any applicant unless he
is over 18 years of age.
[Amended 3-26-2012 by Ord. No. 819]
Each jukebox, electronic or video game, or mechanical
amusement device license shall expire on December 1 of each year.
The jukebox, electronic or video game, or mechanical
amusement device license provided for in this article 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 jukebox, electronic or video game, or mechanical
amusement device license may be transferred from one 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.
If the licensee shall move his place of business
to another location within the Town, the jukebox, electronic or video
game, mechanical amusement device 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 approved
by the Chief of Police and the Building Official in the same manner
as provided in this article.
Every jukebox, electronic or video game, or
mechanical amusement device license issued under this article is subject
to the right, which is hereby expressly reserved, to revoke the license
should the licensee, directly or indirectly, permit the operation
of any jukebox, electronic or video game, or mechanical amusement
device contrary to the provisions of this article, the ordinances
of the Town or the laws of the state. The license may be revoked by
the Town Council after written notice to the licensee, which 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.
No person holding a jukebox, electronic or video
game, or mechanical amusement device license under this article shall
permit the playing of jukeboxes after closing.
Nothing in this article 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 or that may be contrary to any
future laws of the state.
Any person violating any of the provisions of this article, in addition to the revocation of his license, shall be fined as provided in Chapter 1, Article III, for each such breach, and each day of operation of any jukebox, electronic or video game, or mechanical amusement device without a license as provided in this article shall constitute a separate offense.
