[HISTORY: Adopted by the Board of Selectmen
of the Town of Middleton 2-4-1992. Amendments noted where applicable.]
Pursuant to MGL c. 140, § 181, the
Selectmen hereby vote to adopt the following rules and regulations
concerning automatic amusement devices.
As used in this chapter, the following terms
shall have the meanings indicated:
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 or electronic video machines, excluding coin-operated music
machines, including any other similar machine or device, as defined
in MGL c. 140, § 177A.
Any educational institution, public, private, secular or
parochial, which offers instruction of high school grade or below
and which is accredited by the State Department of Education.
A.
A license shall be required before any premises may
operate an automatic amusement device in the Town of Middleton.
B.
All applications shall be filed with the Selectmen
on such form as they may from time to time prescribe, with the fee
set forth to be paid to the Town at the time of the application, and
such fee shall be returned if the license or licenses are refused.
C.
The license fee shall consist of $100 per machine.
[Amended 3-15-2016; 3-29-2016]
D.
The license shall be issued upon a majority vote of
the Board of Selectmen.
E.
Licenses shall be renewable on the last day of December
of each year. Renewals must be issued by the Selectmen. The renewal
fee shall be $35 per machine.
F.
The applicant shall be the owner or manager of the
establishment requesting the license.
G.
All applications must list the vendor or owner of
the automatic amusement device to be placed upon the premises.
I.
Licenses may be issued for more than two but not to
exceed three automatic amusement devices in any premises which is
allowed to dispense alcoholic beverages and which has already been
granted such alcoholic beverage license by Middleton licensing authority.
J.
All applications for automatic amusement devices for
three or more such machines at any one location not licensed to dispense
alcoholic beverages must have a public hearing before the Board of
Selectmen. Such public hearing must be advertised, by legal notice,
by the applicant, at least 10 days prior to the public hearing in
a minimum of two local newspapers. The applicant must forward a copy
of the legal notice to the abutters of the premises where the automatic
amusement devices are to be located. Such notification is to be by
registered or certified mail.
K.
Any existing licensee with two or more automatic amusement
devices legal upon his or her premises must comply with all provisions
of this regulation if an application for additional automatic amusement
devices is filed with the Board of Selectmen.
L.
In acting on each application for an automatic amusement
device license, the Board of Selectmen shall consider whether the
granting of such license would be consistent with the general good,
order, and welfare of the Town of Middleton. The Board shall consider,
among other things, whether maintenance of automatic amusement devices:
(1)
Could affect traffic and pedestrian congestions;
(2)
Is consistent with the best economic and social interest
of the area;
(3)
Would unreasonably increase the level of noise in
the area;
(4)
Would unreasonably increase the incidence of illegal
or disruptive conduct in the area; or
(5)
Otherwise significantly harm the general good, order
and welfare of the immediate area in which the premises are located.
A.
Automatic amusement devices licensed under this regulation
shall be so installed on the premises as to be in open view at all
times while in operation and shall at all times be available for inspection.
All machines shall have the owner's or vendor's name, address, and
telephone number attached in clear view.
B.
No person keeping or offering for operation or allowing
to be kept or offered for operation any automatic amusement device
shall permit the same to be used for the purpose of gambling.
C.
No machine shall be operated by persons 16 years of
age or younger while Middleton public schools are in session from
the hours of 7:00 a.m. to 3:00 p.m. weekdays only.
D.
No person under the age of 21 years may operate an
automatic amusement device which is located on premises licensed to
dispense alcoholic beverages. The preceding shall not apply in circumstances
where the individual under the age of 21 years is accompanied by his
or her parent or guardian, provided that such parent or guardian consents
to the operation of such device by such individual.
E.
Any machine which is in violation of this regulation
may be confiscated from the premises by the Chief of Police.
F.
Any violation of any provision of this section or
of MGL c. 136 by any person managing or controlling any premises where
an automatic amusement device licensed under this chapter is kept
or offered for operation shall be cause for the revocation of all
licenses for automatic amusement devices kept or offered for operation
on such premises.
G.
Neither this regulation nor any provision therein
contained shall authorize or permit or be construed as authorizing
or permitting the keeping, maintaining, possessing, using or operating
in the Town of Middleton of any contrivance or device otherwise prohibited
by law.
H.
Any such automatic amusement device lawfully in existence
and properly licensed by the Board of Selectmen and operating prior
to the effective date of this regulation, shall not be denied renewal
of such existing license without just cause.
