[Adopted 4-4-1978 by Doc. 73 (Ch.
104, Art. II, of the 1980 Code)]
The City Council of the City of Haverhill shall
be the licensing authority to grant a license to keep and operate
an automatic amusement device subject to and in accordance with MGL
c. 140, § 177A. The City Council shall require that applications
be obtained from the City Clerk, completed by the applicant, submitted
to the Chief of Police who shall indicate thereupon a recommendation
for approval or disapproval and shall then be placed on the agenda
of a regular Council meeting identifying the name of the applicant
and the name and address of the location for the amusement device.
All applications shall include, but not be limited to the following:
the name of the applicant, the name and the address of the premises
where the automatic amusement device is to be kept or offered for
operation, the name of the vendor of the automatic amusement device
and shall state the type of automatic amusement device to which it
relates.
As used in this article the following terms
shall have the meanings indicated:
Construed as meaning any mechanism whereby, upon the deposit
therein of a coin or token, any apparatus is released or set in motion
or put in a position where it may be set in motion for the purpose
of playing any game involving, in whole or in part, the skill of the
player, including, but not exclusively, such devices as are commonly
known as pinball machines, including free play pinball machines.
Those devices which have one or more of the following features:
the device involves matching random numbers, patterns or cards; the
device may not accumulate more than 26 plays; the device may not be
equipped with a "knock-off" switch, button or similar device; the
device shall have no mechanism for adjusting the odds; the device
shall not have a remote control feature that can reset the device
from another location; the device shall not be capable of returning
money to the player, other than the change for an excess amount put
in; each game on the device shall cost exactly the same amount for
each player and no player may change any aspect of the game by paying
a different amount than any other player before or during the game;
and there shall be no metering device that accounts for both money
and/or points in and money and/or points out.
[Added 3-21-2006 by Doc. 38]
Licenses granted, unless sooner revoked, shall expire on December 31 of each year. Every such license shall specify the name of the applicant, the name and the address of the premises where the automatic amusement device is to be kept or offered for operation, the name of the vendor of the automatic amusement device and shall state the type of automatic amusement device to which it relates. The license shall cover any automatic amusement device of the same and identical type, as classified in § 104-13 hereof, which as a substitute or replacement for the automatic amusement device licensed may, during the term of the license, be kept or offered on the premise specified.
[Added 7-13-1982 by Doc. 138; amended 9-10-1991 by Doc. 135]
The total number of licenses for any automatic
amusement device licensed hereunder, exclusive of children's rides,
to be issued and outstanding at any one time within the City shall
be no more than 315.
[Added 7-13-1982 by Doc. 138]
No person shall set up and maintain any coin-operated
amusement device as defined in this chapter on Sunday, without first
obtaining a Sunday license therefor from the City Council.
[Amended 11-17-1981 by Doc. 200; 3-21-2006 by Doc. 38]
No keeper of an automatic amusement device shall
suffer or allow any alcoholic beverages to be drunk on the premises
unless such keeper is duly licensed to sell alcoholic beverages on
the premises by the License Commission of the City of Haverhill as
provided by law, nor shall such keeper permit any person under the
age of 21 years old to play any automatic amusement device where such
keeper is duly licensed to sell alcoholic beverages on the premises
by the License Commission of the City of Haverhill as provided by
law. No such keeper, nor anyone else, shall permit any gaming for
money or other property, allow any slot machines or other machines
which are games of chance upon the premises except those machines
allowed by law. No such keeper, nor anyone else, shall permit any
automatic amusement device which presents a risk of misuse as a gaming
device.
[Added 11-17-1981 by Doc. 200]
No keeper of automatic amusement devices, other
than a keeper whose premises are that of a tavern, restaurant or cafe,
shall suffer or allow the use or operation of automatic amusement
devices between the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m.
to 3:30 p.m. when the public schools of the City of Haverhill are
in session.
[Amended 11-17-1981 by Doc. 200; 7-13-1982 by Doc. 138; 4-8-2003 by Doc. 60]
The annual fee for a license or any renewal thereof for any automatic amusement device licensed hereunder, as classified in this Chapter 104, shall be $100, except for the classification in § 104-13A(5), for which the fee shall be $50. These fees shall apply to all licenses granted for 1982 and thereafter. The annual fee for a Sunday license, or any renewal thereof, for any automatic amusement device licensed hereunder as classified in Chapter 104, § 104-13, shall be $10 per device.
[Amended 7-10-2007 by Doc. 76]
Any transfer from one classification of automatic
amusement device to another during a year shall be by application
to the City Council and the fee for such transfer, if approved, shall
be $10.
[Amended 3-21-2006 by Doc. 38]
A.Â
All licenses for automatic amusement devices granted
by the City Council shall be subject to inspection by the Police Department
to insure conformance with submitted application information and local
ordinance provisions.
B.Â
Any violation of the provisions of this article shall
be as follows:
(1)Â
First offense: revocation of all licenses for automatic
amusement devices kept or offered for operation on such premises for
a period of 30 days.
(2)Â
Second offense: revocation of all licenses for automatic
amusement devices kept or offered for operation on such premises for
a period of one year.
C.Â
Where no licenses have been granted, violations shall
be considered as a violation of a municipal ordinance and prosecuted
as otherwise prescribed and subject to injunctive relief. Any unlicensed
automatic amusement devices shall be subject to immediate seizure
by the Police Department. In the event of such seizure, said unlicensed
automatic amusement devices shall be inventoried and held by the Police
Department pursuant to its established policies. Authority for the
destruction of said unlicensed or illegal automatic amusement devices
may be sought from a court of competent jurisdiction by the Police
Department.
These provisions in §§ 104-11 to 104-21 pertaining to automatic amusement devices supersede all previous provisions of Article I in the event that any of the aforesaid provisions are inconsistent with this article, meaning and intending that any previous provisions in Article I shall control unless specifically referred to in this article.
