[HISTORY: Adopted by the Common Council of the City of Middletown
2-8-1978 as Ch. 4 of the 1978 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Any of various games of billiards played on a table with or without
pockets, which game is initiated by the insertion of a coin, token or similar
object.
Any person who owns or distributes any machine defined in this section.
Any contrivance or device which, upon the insertion of a coin, token,
plate, disc or key into any slot, crevice or other opening, operates or may
be operated for the emission of music or similar amusement. It shall include
jukeboxes.
Any person in whose place of business any such machine is placed
for use by the public.
Any machine which, upon the insertion of a coin, token or similar
object, or upon the payment of a charge, releases five balls which are propelled
by a player across a board, or activates an electronic device, and which registers
scores or results by striking pins, posts, levers or bumpers, or by falling
into holes or slots, or by the direction of an electronic blip or blips on
a screen by the player or players, or any machine which, upon the insertion
of a coin, releases one or more objects to be propelled manually by sliding
across the board, or activates an electronic device, and which registers scores
or results by striking pins, posts, levers or bumpers, or by falling into
holes or slots, or by the direction of an electronic blip or blips on a screen
by the player or players.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling device whatsoever or any mechanism that has
been judicially deemed to be a gambling device, or in any way contrary to
law, or that may be contrary to any laws of the state.
All distributors shall be required to obtain a license from the Chief
of Police for all music vending machines and pinball or pin-gaming or mechanical
or electronic amusement devices distributed for operation.
All operators shall be required to obtain a license from the Chief of
Police for all music vending machines, and in ball and in-gaming or mechanical
or electronic amusement devices operated by them.
The application for the licenses required by §§ 104-3 and 104-4 shall contain the following information under oath:
A.Â
Name of the applicant; if a partnership, names of all
partners; if a corporation, club or association, names of officers.
B.Â
Residence of the applicant; if a corporation, club or
association, date organized and under the laws of what state.
C.Â
Nature of the applicant's business or activities.
D.Â
Whether the applicant or, if a corporation, club or association,
the officials have ever been convicted of a crime.
E.Â
Place where the machine or device is to be displayed
or operated and the business or activity contemplated at that place (this
shall apply only to operators).
F.Â
Description of type of machine to be covered by the license.
The Chief of Police shall investigate the character and record of the
applicants and the location wherein it is proposed to operate the machine
or machines described in the application and shall not approve the application
or issue a license unless he finds that the applicants are over 21 years of
age and are persons of good moral character and that the business or activity
in such location is a lawful one.
B.Â
C.Â
Such license fees shall become effective as of January
1 of each year. In the event a machine is placed in operation after the first
of the year, the applicant shall pay a license fee to be prorated from the
first day of the month on which the machine is first placed in operation to
and including the 31st day of December following. There shall be no rebate
for any unexpired portion of the term of a license revoked by reason of a
violation of any provision of this chapter.[3]
The Chief of Police shall have the power to revoke all licenses issued under § 104-9, for cause, upon due notice in writing to the licensee and an opportunity to be heard and to be represented by counsel at such hearing. Cause shall be deemed to include, but not be limited to, conviction for a crime involving moral turpitude subsequent to the granting of the license, or false information in the application for a license, or any violation of this chapter.
The licenses provided for by this chapter shall be posted prominently
and conspicuously at the location of the machine or device in the places wherein
the machine or device is to be operated or maintained.
Not more than one machine or device shall be operated under one license,
and the applicants or licensees shall be required to secure a license for
each and every machine or device displayed or operated as herein provided.
A license may be transferred from one machine or device to another similar
machine or device, provided that application is made therefor.
Each applicant or licensee shall notify the Chief of Police promptly
of any change of ownership of his place of business or any other change in
the information set forth in the original application. In the event of a sale
or transfer of the business of the operator, a new license must be obtained.
Each operator shall maintain good order in his place of business and
shall not permit any such pinball, pin-gaming or mechanical or electronic
amusement device to be used for gambling. Unused free plays shall not be redeemed
in cash, tokens or merchandise, and no prizes shall be offered to any person
for the attainment of designated scores. No operator of any pinball, pin-gaming
or mechanical or electronic amusement device shall allow persons under 16
years of age to play any such machines, unless such persons are accompanied
by a parent or guardian.
