[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 6-21-1974 by Ord. No. 67 (Ch. 96 of the 1992 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any amusement machine or device operated by means of the
insertion of coin, paper money, debit cards, credit cards, token or
similar object for the purpose of amusement or skill and for the playing
of which a fee is charged. The term does not include vending machines
in which are not incorporated gaming or amusement features, coin-operated
mechanical musical devices or coin-operated mechanical devices in
the nature of children's rides.
[Amended 8-20-2004 by Ord. No. 386]
Any person, firm, corporation, partnership, association or
club who or which sets up for operation by another or leases or distributes
for the purpose of operation by another any coin-operated amusement
device, whether such setting up for operation, leasing or distributing
is for a fixed charge or rental or on the basis of a division of the
income derived from such device or otherwise.
Any person, firm, corporation, partnership, association or
club who or which, as the owner or lessee, has under his or its control
any establishment, place or premises in or at which a coin-operated
amusement device is placed or kept for use or play or on exhibition
for the purpose of use or play.
No person, firm or corporation, partnership,
association or club shall engage in the business of an operator or
proprietor of a coin-operated amusement device without first having
obtained a business license therefor.
A.
A proprietor shall be responsible for having a suitable
person, 18 years of age or older, on duty at all times in any room
of any establishment, place or premises in or at which a coin-operated
amusement device is placed or kept for use or play or is placed or
kept on exhibition for the purpose of use or play.
[Amended 6-18-2004 by Ord. No. 384]
B.
A proprietor shall be responsible for posting a notice
in a conspicuous place in any such room, designating the name of such
suitable person who is then on duty.
A.
Prosecution under this chapter shall be commenced
by the filing of a signed complaint.
B.
The complaint shall contain a written statement of
the essential facts constituting the offense charged and shall be
made upon oath or affirmation by the complainant before the Alderman
or other person authorized by law to issue a warrant. The complaint
may be based upon personal knowledge or upon reasonable information
and belief.
C.
The complaint may be served by any person authorized
to serve process issued out of the Alderman's Court.
A.
Whoever is convicted of failing to have a responsible person, 18 years of age or older, on duty as required in § 116-3A of this chapter pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties. Whoever is convicted a second time of the aforesaid offense shall, in addition to any fine which may be imposed, have his, her or its business license revoked forthwith.
B.
C.
A separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues.
