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