[HISTORY: Adopted by the Board of Selectmen
of the Town of Dennis 6-2-1981. Amendments noted where applicable.]
The Selectmen may, in their discretion, grant
the application of a suitable person for a license to keep and operate
for hire, gain or reward an automatic amusement device or deny an
application or revoke an existing license if they find the general
good, the preservation of public order or the welfare of the town
so requires; provided, however, that any such denial or revocation
shall not be arbitrary or capricious.
A.
All licenses granted for automatic amusement devices
shall expire on December 31 of each year.
B.
Application for such licenses in the first instance
shall be considered and acted upon by the Selectmen after notice to
abutter's and other interested parties, if any, and a public hearing.
C.
In instances where renewal of an existing license
is sought, a single Selectman, designated by the Board of Selectmen,
is hereby authorized and empowered to grant such renewals for and
on behalf of the Selectmen when and if he finds that no substantial
change has occurred in the qualifications or operation of the applicant
since the time the prior license was issued. If he finds such a change
has occurred, the application for renewal of the license shall be
treated as an application of first impression and considered and acted
on by the full Board as provided above.
All automatic amusement devices licensed under
this regulation shall be kept and operated in open view and shall
not be offered or permitted to be used for gambling. Any violation
of this section by any person managing or controlling the premises
where a licensed automatic amusement device is kept or offered for
operation shall be cause for revocation of all licenses for all such
devices kept or offered for operation on such premises.
All licenses issued under this regulation shall
comply substantially in form and content with the requirements of
MGL C. 140, § 177A, Subsection 3.
No license shall be issued under this regulation
until the fee therefor is paid in full. Fees for all such licenses,
including renewals, shall be established and revised from time to
time in the discretion of the Selectmen.
Applications for all automatic amusement devices
shall be submitted to the Selectmen on a form approved by them and
shall be processed in accordance with existing rules, procedures and
policies of the Board of Selectmen.
For purposes of this regulation, the term "automatic
amusement device" shall be construed to mean any machine, mechanism
or other apparatus or device of whatsoever kind or nature which, upon
payment, insertion or deposit of money, token or other thing of value
or any substitute therefor, is caused or put in position to produce
by any means whatsoever visual images or displays, sound, motion or
any combination thereof for purposes of entertainment, recreation
and/or play, including but not limited to such devices as are commonly
called "pinball machines," "junkboxes," "video games," "simulated
sport games" and "mechanical bulls."
