Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Johnston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and Beano — See Ch. 112.
Business operations — See Ch. 125.
Licensing — See Ch. 204.
[Adopted 12-10-1979 by Ord. No. 440 as Sec. 17-13 of the 1979 Code, as amended through 5-29-1991 by Ord. No. 838]
A. 
No person shall offer his services as a palmist, phrenologist or fortune teller without first having obtained a license as herein provided. Applications for such licenses shall be filed with the Town Clerk and, upon such applications being approved by the Chief of Police, the Town Clerk shall issue such licenses.
B. 
All such licenses shall be for the term of one year and shall expire on the 31st day of December, provided, however, that any license issued in the month of December shall expire on the 31st day of December in the year next succeeding, unless revoked prior to expiration date by the Chief of Police.
C. 
The fee for such license shall be as listed in Chapter 125, Business Operations, Article IV, and shall be collected by the Town Clerk issuing the same.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who is licensed under the General Laws shall not be required to obtain a license under the provisions of this article for the period for which such state license shall be in effect.
Any false statement in an application for a license required by this article shall subject such applicant to the same penalty as if no license had been issued.
No license shall authorize any person otherwise than the one named therein to act thereunder; and no license shall be transferable.
Every person violating any provision of this section shall be fined not, exceeding fifty dollars or imprisonment not exceeding 10 days.
[Adopted 2-14-1983 (Sec. 15-9 of the 1979 Code), as amended through 5-29-1991 by Ord. No. 838]
No person shall keep a juke box, mechanical amusement device or electronic or video game as hereinafter defined, or any similar device of a similar character, in any saloon, shop or place of business of any nature within the Town, or keep any such device for public use or profit within the Town, without a license from the Town Council first having been obtained. The Town Council may, in its discretion, grant or refuse to grant licenses therefor, and the licenses so granted shall continue for a term not exceeding one year.
A. 
No license shall be issued to any person as required in this section if the mechanical amusement device or electronic or video game is to be located within a five-hundred-foot zone of any school.
B. 
Juke box licenses shall be permitted within the zone of Subsection A.
As used in this article, unless the context otherwise indicates the following definitions shall apply:
AMUSEMENT CENTER
A business conducted on premises in which the majority of the gross income produced annually is received from the proceeds of the use of the devices defined herein as “juke box,” “mechanical amusement device” and “electronic and video games.”
AMUSEMENT MACHINE
Those devices defined herein as “juke box,” “mechanical amusement device” and “electronic and video games.”
ELECTRONIC AND VIDEO GAMES
Any machine which, upon the insertion of a coin, token, plate, slug 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 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.
JUKE BOX
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.
MECHANICAL AMUSEMENT DEVICE
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, mechanical pool tables and all games, operations, or transactions similar thereto under whatever name they may be described.
OPERATOR
Proprietor, lessee, manager, and employee of any arcade or business.
PERSON
Any individual, firm, corporation, association, club whether private or public, fraternal organization or other social organization.
PREMISES
A building, or a part of a building, where any juke boxes, mechanical amusement devices, or electronic and video games are located, under the ownership or control of the operator.
PRIMARY BUSINESS
That business conducted on the premises that produces more than 90% of the gross income produced annually by all forms of business conducted on the premises.
Any unlicensed machine or any new machine or any amusement center which seeks to be licensed must receive the approval of the Town Council after filing an application with the fee required. The Town Clerk shall forward each new application to the Chief of Police for his report to the Council and a public hearing will be held at a regular or special Council meeting for the granting of said license. The application for such license shall contain the following information:
A. 
Name and address of the applicant, age, date and place of birth.
B. 
Prior 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.
E. 
Prior arrests, and convictions of applicant, if an individual, or any stockholders, or officers, if the applicant be a corporation or an association, including the name and addresses of all officers.
F. 
Whether or not the applicant now or ever has held a similar license in any other community within the State of Rhode Island, and, if the same has been revoked, please explain the circumstances.
Application for license shall be made out in duplicate, one copy being referred to the Chief of Police and the other copy to the Town Building Inspector.
A. 
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, based upon his investigation, either approve or disapprove the application.
B. 
The Building Inspector shall inspect all wiring connections to the machine, determine if the same complies with the Electrical Code of the State of Rhode Island, and shall, based upon his inspection, either approve or disapprove the application.
C. 
No license shall be issued to any applicant unless approved by the Chief of Police and the Building Inspector.
D. 
No license shall be issued to any individual unless he shall be over 18 years of age and a citizen of the United States.
A. 
Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation each juke box, mechanical amusement device, or electronic and video games as defined in § 94-7:
(1) 
Juke boxes: $10 per machine.
(2) 
Mechanical amusement devices: $75 per machine.
(3) 
Electronic and video games: $125 per machine.
(4) 
Amusement center license: $100.
(5) 
Temporary license (license issued not to exceed two days): no fee.
B. 
No license fee shall be required for any charitable institution.
C. 
No person holding an amusement device license by virtue of this article shall have or assemble more than three amusement devices in any primary business or in any premises without first having obtained an amusement center license.
The Town Council shall have the right to revoke any license once granted or deny annual renewal thereof when it appears to its satisfaction that any operator or licensee has violated this article, any ordinance of the Town or statute of the State of Rhode Island with regard to the premises where the machines are located, or any other ordinance of the Town, or statute of the State of Rhode Island, or of the United States, involving controlled substances, alcohol, or any offense involving moral turpitude. The revocation of any license or the denial of renewal thereof shall not be made without a hearing. Notice shall first be given to the operator or licensee setting forth the time and place of hearing and the reasons for such revocation or denial of renewal of said license.
Any person violating any of the provisions hereof shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine not exceeding $50 for each offense. Each day of the violation shall be considered a separate offense.