Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 6-21-1974 by Ord. No. 67 (Ch. 96 of the 1992 Code). Amendments noted where applicable.]

§ 116-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any amusement machine or device operated by means of the insertion of coin, paper money, debit cards, credit cards, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines in which are not incorporated gaming or amusement features, coin-operated mechanical musical devices or coin-operated mechanical devices in the nature of children's rides.
[Amended 8-20-2004 by Ord. No. 386]
OPERATOR
Any person, firm, corporation, partnership, association or club who or which sets up for operation by another or leases or distributes for the purpose of operation by another any coin-operated amusement device, whether such setting up for operation, leasing or distributing is for a fixed charge or rental or on the basis of a division of the income derived from such device or otherwise.
PROPRIETOR
Any person, firm, corporation, partnership, association or club who or which, as the owner or lessee, has under his or its control any establishment, place or premises in or at which a coin-operated amusement device is placed or kept for use or play or on exhibition for the purpose of use or play.

§ 116-2 License required. [1]

No person, firm or corporation, partnership, association or club shall engage in the business of an operator or proprietor of a coin-operated amusement device without first having obtained a business license therefor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 116-3 Responsibilities of proprietors.

A. 
A proprietor shall be responsible for having a suitable person, 18 years of age or older, on duty at all times in any room of any establishment, place or premises in or at which a coin-operated amusement device is placed or kept for use or play or is placed or kept on exhibition for the purpose of use or play.
[Amended 6-18-2004 by Ord. No. 384]
B. 
A proprietor shall be responsible for posting a notice in a conspicuous place in any such room, designating the name of such suitable person who is then on duty.

§ 116-4 Complaints.

A. 
Prosecution under this chapter shall be commenced by the filing of a signed complaint.
B. 
The complaint shall contain a written statement of the essential facts constituting the offense charged and shall be made upon oath or affirmation by the complainant before the Alderman or other person authorized by law to issue a warrant. The complaint may be based upon personal knowledge or upon reasonable information and belief.
C. 
The complaint may be served by any person authorized to serve process issued out of the Alderman's Court.

§ 116-5 Violations and penalties.

A. 
Whoever is convicted of failing to have a responsible person, 18 years of age or older, on duty as required in § 116-3A of this chapter pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties. Whoever is convicted a second time of the aforesaid offense shall, in addition to any fine which may be imposed, have his, her or its business license revoked forthwith.
[Amended 9-18-1992 by Ord. No. 279; 2-17-2006 by Ord. No. 407[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Whoever is convicted of failing to post a notice, as required in § 116-3B of this chapter shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties.
[Amended 9-18-1992 by Ord. No. 279[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.