Town of Southwick, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting 6-15-1982 by Art. 14; amended in its entirety by the Annual Town Meeting 5-17-2005 by Art. 24. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 1, Art. II.
Fines — See Ch. 1, Art. III.

§ 65-1 License.

The Board of Selectmen may grant a license to an applicant for the use of automatic amusement devices pursuant to M.G.L. c. 140, § 177A. A license granted under this bylaw shall expire on December 31st of each year. The applicant must complete a license application approved by the Board of Selectmen. The license shall comply with the requirements as more fully described in M.G.L. c. 140, § 177A(3). The Board of Selectmen shall have the authority to enact regulations pertaining to the application process for the issuance of a license under this section.

§ 65-2 Fee.

The annual fee for a license issued under this bylaw shall be set by the Board of Selectmen.

§ 65-3 Definition of automatic amusement device.

This bylaw shall apply to all "automatic amusement devices" which shall be construed as meaning any mechanism, digital, electronic or electrical device whereby, upon the deposit therein of a coin, token or any other form of currency, 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.

§ 65-4 Number of automatic amusement devices limited.

Ancillary Use
The maximum number of automatic amusement devices allowed on any single business premises, where the use of such automatic amusement devices is ancillary to the primary business use, shall be six, with no such device able to accept a bill larger than $5. However, the maximum number of automatic amusement devices allowed on a premises currently licensed to sell alcohol in accordance with M.G.L. c. 138 et seq. shall be four, with no such device able to accept a bill larger than $5.
Nothing contained in § 65-4 shall modify or otherwise affect the prohibitions set forth in this chapter of the Code of the Town of Southwick that no such license shall be granted for any automatic amusement device which presents a risk of misuse as a gaming device and no person shall operate or allow the operation of an automatic amusement device which presents a risk of misuse as a gaming device.

§ 65-5 Inspection and seizure.

All automatic amusement devices related to a licenses for automatic amusement devices granted by the Board of Selectmen shall be subject to inspection by the Southwick Police Department to ensure conformance with submitted application information and the requirements of this bylaw and M.G.L. c. 140, § 177A.
Any unlicensed or licensed automatic amusement device, which presents a risk of misuse as a gaming device, shall be subject to immediate seizure by the Southwick Police Department. Any expense incurred by the Southwick Police Department shall become the responsibility of the person that controls the premises where the devices were located.
All unlicensed automatic amusement devices shall be subject to immediate seizure by the Southwick Police Department. Any expense incurred by the Southwick Police Department shall become the responsibility of the person that controls the premises where the devices were located.

§ 65-6 Prohibited automatic amusement devices.

No person shall operate or allow the operation of an automatic amusement device which presents the risk of misuse as a gaming device. Automatic amusement devices that simulate actual gaming or actual gaming devices and games which involve the matching of random numbers, patterns or color combinations, including but not limited to video poker and blackjack devices and any other casino type game, shall be prohibited.

§ 65-7 Penalty.

Any individual or business not in compliance with this bylaw shall receive a written notice of such noncompliance. The first notice shall result in a fine of $100. A second or subsequent notice of noncompliance shall result in a fine of $300 and the revocation of all licenses issued in accordance with this bylaw and M.G.L. c. 140, § 177A.