[HISTORY: Adopted by the Town Council of
the Town of Portsmouth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-24-1982 by Ord. No. 82-1]
As used in this article, the following terms
shall have these meanings:
Any mechanical, electric or electronic device used or designed
to be operated for entertainment or as a game by the insertion of
a piece of money, coin, token or other article or by paying money
to have it activated. This definition does not include:
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
The Town of Portsmouth.
No person shall maintain or operate an amusement
game in Town unless said person first obtains a license under this
article.
A.
An application for an amusement game license shall
be made to the Town Council on forms which shall include the following
information:
(1)
If an individual, the name, address, date of birth,
social security number, place of birth, and telephone number of the
applicant.
(2)
If a firm, corporation, partnership, or association,
the names, dates of birth, social security numbers, telephone numbers,
and places of birth of the principals, officers or partners and the
names and addresses of the stockholders of closely held corporations.
(3)
The name, address, and social security number of any
person, firm, corporation, partnership, or association having any
financial interest in such amusement games.
(4)
A description of the location where such amusement
games are to be located, including the square footage of the proposed
operating area.
(5)
Prior convictions of any crime or misdemeanor of the
applicant (if an individual) or of the principals, partners, officers
and stockholders of the applicant (if a firm, corporation, partnership,
or association).
B.
Upon receipt of an application for an amusement game
license, the Town Clerk shall refer it to:
(1)
The Building Official to determine whether the premises
in which the applicant intends to locate amusement games complies
with all applicable building and zoning laws, ordinances, rules and
regulations. For that purpose, the Building Official and employees
of his department shall have the right to enter upon and inspect the
premises during normal business hours.
(2)
The Chief of Police, who shall investigate the amusement
games sought to be licensed, the proposed location, and the applicant.
A.
Upon completion of the application, the Town Clerk
shall forward it, with the recommendations of the Building Official
and Chief of Police, to the Town Council for its review and action.
B.
In approving a license, the Town Council may establish
conditions and safeguards to promote and protect the health, safety
and general welfare of the Town and its inhabitants.
A.
The licensee shall comply with all provisions of law,
ordinances, rules or regulations relating to the conduct of business
and the use and maintenance of the premises where such amusement games
are located.
B.
The licensee shall cause the amusement game license
to be posted at all times in a conspicuous place in such premises.
C.
The licensee shall maintain good order on the premises
at all times. The lack of good order on the premises shall include
but shall not be limited to the following:
D.
The licensee shall not permit an amusement game to
be played or operated during school hours or after 10:00 p.m. by a
person under the age of 18, unless accompanied by a parent or other
guardian over the age of 21.
E.
The licensee shall provide a sufficient number of
responsible supervisory personnel to assure the safe and orderly operation
of the premises at all times.
F.
The licensee shall not allow amusement games therein
to be played on any day between the hours of 2:00 a.m. and 9:00 a.m.
G.
The licensee shall not allow more amusement games
than the number permitted in the license to be located in such premises
at any time.
Any premises in the Town containing amusement
games, when open for transaction of business, shall be subject to
inspection by any police officer.
Amusement game licenses shall expire annually
from the date of passage of this article. Applications for renewal
of said licenses shall be submitted at least 30 days prior to expiration
of said licenses.
The Town Council may revoke or suspend an amusement
game license for cause after notice to the licensee and a public hearing.
In the event the licensee and/or owner and/or
operator of the premises containing amusement games shall knowingly
permit any person under the age of 18 years, unaccompanied by a parent
or legal guardian over the age of 21 years, to play or operate an
amusement game during school hours or after 10:00 p.m., such licensee
and/or owner and/or operator shall be guilty of an offense punishable
by a fine not exceeding $100 or imprisonment not exceeding 30 days,
or both.
[Adopted 8-27-1991 by Ord. No. 91-8-27A]
No person, firm, partnership, corporation or
other entity shall, publicly or for pay or profit or other pecuniary
advantage to himself, exhibit, promote, conduct, give, hold or take
part in horse shows, wrestling, boxing or sparring matches or exhibitions,
or any roller-skating in any rink or hall, dances, balls or other
shows or performances, at which attendance by the general public or
any group or organization or a combination thereof shall exceed 500
people, without first obtaining a license for same (herewith "entertainment
license") from the Town Council of the Town of Portsmouth.
Application for an entertainment license shall
be made in a form prescribed by the Town Council and provided by the
Town Clerk and shall be submitted to the Town Clerk not less than
30 days prior to the date of the event for which the license is sought.
The application shall contain the following
information: name and address of proposed licensee; location of event;
name and address of the owner of land upon which the event is to be
held; nature or type of entertainment to be licensed; whether food
or beverages are to be sold or given away during said event and, if
so, whether the sale or distribution of alcoholic beverages (as defined
in R.I.G.L. § 3-1-1 et seq.) is contemplated; whether fireworks
are contemplated; the dates upon which the licensed event is to take
place; the hours said event is to take place; whether or not the event
will provide amplified sound (human voice, music or otherwise); the
number of tickets or passes printed for each day of said event; the
expected number of participants and/or attendees; and the primary
age group of expected attendees. The application shall also contain
the name, home address and date of birth of the proposed licensee
or a responsible officer, partner or principal of the partnership,
firm, corporation or other entity seeking the license.
A.
Upon receipt of any such application, the Town Clerk
shall forthwith forward a copy of same to the Chiefs of the Police
and Fire Departments and the Building Inspector, all of whom shall
investigate each such application and report back to the Council their
findings thereon.
B.
Upon submission of an application for an entertainment
license, the proposed licensee or the owner of the land joining in
the application shall be deemed to have consented to an inspection
of the site of the event by public safety officers of the Town of
Portsmouth at reasonable times upon notice by said public safety officers.
Failure or refusal to allow or provide for such inspection shall be
just cause for denial of said license application.
A.
The Town Council, sitting as a Board of License Commissioners,
having due regard for the public health, safety and welfare, may deny,
grant or grant subject to reasonable conditions or restrictions any
such license application.
B.
In granting any said license, the Town Council may
set the hours of operation of any event, fix the maximum attendance,
mandate the provision of adequate sanitary facilities and order the
hiring of such security, medical, fire prevention and other such personnel
as it shall deem necessary to safeguard the public, said personnel
to be paid by the licensee. In the event that the licensee, after
grant of said license, shall fail or refuse to retain adequate security,
medical or fire prevention personnel, the Town Council may appoint
said personnel, and the cost of same shall be charged to the licensee,
or the license may be revoked.
C.
The Town Council may also impose such other conditions
and restrictions upon the grant of the license as it deems reasonably
necessary in order to safeguard the health, safety and welfare of
attendees and the general public.
The fee for any entertainment license set forth
herein shall be $100.
The grant of an entertainment license shall
allow for those specific activities and types of entertainment as
applied for and no other.
A.
Any person, firm, partnership, corporation or other
entity who shall violate the licensing requirements described herein
by not obtaining a license shall be fined $500 or be imprisoned not
exceeding one year.
B.
Any person, firm, partnership, corporation or other
entity who shall violate the licensing requirements herein by failing
to comply with the conditions imposed on the grant of such license
shall be fined not more than $250 and/or imprisoned for not more than
six months.
