As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL AMUSEMENT DEVICE
Any machine which may be operated for entertainment or amusement
in public, whether the machine is coin-operated or not and whether
or not it registers a score or tally. This definition shall include
but not be limited to pinball machines, bowling machines, video games
and electronic games. This enumeration is intended to be typical and
shall not be construed as exclusive.
JUKEBOX
Device for the playing of recorded music, operated by deposit
of coins.
POOL OR BILLIARD FACILITY OR AMUSEMENT ARCADE
Any premises open to the public having one or more commercial
amusement devices, having no substantial business other than as a
place of amusement, offering the use of coin-operated amusement machines
to the public.
VENDING MACHINE
Devices for the dispensing of soft drinks, food, milk, popcorn,
candy and other merchandise, operated by deposit of coins.
At least annually, the Police Department shall
take a survey of pinball machines, games machines and automatic vending
and weighing machines within the City of Salem for the purpose of
enforcement of this chapter.
No person shall operate a pool or billiard facility
or amusement arcade in the City of Salem without having first obtained
a license therefor and paid the required fee for operation at a location
first approved by resolution of the Council, with the following exemptions:
A. No portion of this chapter, including §
71-2, Licenses required for individual machines; fees, shall apply to an individual operating any type of amusement device or vending machine which operation is confined to that individual's private dwelling and not for profit.
B. No portion of this chapter shall apply to any nationally
recognized social club, golf club, religious, charitable, benevolent
or fraternal organization operated not for profit, so long as the
use of said machine or machines is limited to the registered membership
of said organization, so long as said machines are owned by the club
or are not coin-operated and so long as said organization has in excess
of 25 members and files with the city a claim for exemption and statement
of fact on which the claim is based.
C. Any person or corporation whose business premises
are licensed for the sale or consumption of alcoholic beverages need
not apply for a premises license; however, a license fee must be paid
for each commercial amusement device located on the premises. Section
71-8A of this chapter shall not apply to any such person or corporation.
All facility and arcade license applicants shall
be at least 18 years of age and shall submit, in writing, to the City
Clerk, the following information:
A. The name and address of the applicant and whether
the applicant is an individual, partnership or corporation.
B. The age of the applicant, of each partner, if a partnership,
and of each of the principal officers of the corporation, if the applicant
is a corporation.
C. The prior criminal record of the applicant if any,
setting forth the date or dates of conviction, the nature of the violation
and the jurisdiction in which the violation occurred. If the applicant
is a partnership, the same information shall be supplied for each
partner, and if the applicant is a corporation, this information shall
be supplied for each of the principal officers of said corporation.
D. A full description of the device or device to be used
by the applicant and made available to the public.
E. The street number and description of the area where
the machines are to be operated, stating the floor or floors of the
premises and attaching a sketch showing the rooms or areas involved.
Such sketch shall be drawn to scale, with the scale set forth on the
sketch, and shall designate all exits, windows and storage spaces
to be used in the operation.
F. A sketch showing the location of all structures and
designating the owners of said structures within 200 feet of the proposed
operation. Such sketch shall also designate prominent landmarks within
the two-hundred-foot radius, be drawn to scale, with the scale set
forth on the sketch, and show all streets and proposed areas of off-street
parking to be utilized by the general public for said operation.
Upon receipt of an application for a license
the City Clerk shall report the same to the Council, who shall refer
the same to the Department head of the Police Department for investigation
and verification of the information contained therein. The Department
head shall make his recommendation to the Council, who shall approve
or disapprove the application. The Council shall in their deliberation
take into consideration the following:
A. The zoning classification for the proposed location;
and compliance of the structure with Housing, Fire and Health Code
requirements.
B. The proximity of the proposed location to historical
sites, licensed establishments for distribution and/or consumption
of alcoholic beverages; churches and other institutions, such as schools,
nursing homes or senior citizens residence centers, hospitals or other
medical institutions incompatible with the continued presence of juvenile
and adult patrons of pool; billiard parlors or arcades; and the proximity
to residential neighborhoods and restored structures whose value depends
on high maintenance and continuous care.
C. The proximity to areas of dense foot traffic in which
congregation by patrons of the pool or billiard parlor or arcades
will interfere with or hamper the free passage of pedestrians.
D. Proper noise insulation if necessary to protect neighboring
premises from noise of operation.
[Amended 10-16-1995 as Ord. No. 95-15]
The license fee for pool or billiard facilities or amusement arcades shall be $750 for each establishment or location, plus $50 for each commercial amusement device to be located therein, or the appropriate fee for other devices as set forth in §
71-2, all of said fees to be payable in full for any portion of the calendar year commencing on January 1 and ending on December 31 for which a license for either a premises or a device is sought. All licenses shall expire on December 31 of each year. The annual fees shall be due within 10 days after the first day of January. Licenses shall be renewed annually by filing notice with the City Clerk for review and approval by the Council between October 1 and November 1 preceding the calendar year for which the license is sought to be renewed. No license shall be transferable from one location to another or from one person to another.
[Amended 10-16-1995 as Ord. No. 95-15]
The licensee shall not permit fights, brawls
or disturbances within the premises or on the public sidewalk, alley
or street adjacent to the premises so as to constitute a public nuisance,
nor shall said licensee permit congregation by his customers on a
public thoroughfare, sidewalk or street which has the effect of blocking
the free passage of pedestrians or vehicles or causing annoyance to
said passersby so as to constitute a public nuisance. Any licensee
or his, her or its agent who has knowledge or should have knowledge
of the aforesaid prohibited activity and fails to take steps to avoid
such an occurrence by means available to him as proprietor of a public
place shall be punishable in the Municipal Court of the City of Salem
and be subject to penalties available by law.
[Amended 10-16-1995 as Ord. No. 95-15]
Conviction of a licensee or his or her agent
of a violation of any provisions of this chapter in Municipal Court
shall be sufficient grounds for suspension of a license issued pursuant
to this chapter for a period of 30 days; three such convictions in
the Municipal Court shall result in the mandatory revocation of said
license.
[Amended 10-16-1995 as Ord. No. 95-15; 7-20-2020 by Ord. No. 20-06]
Any person violating this chapter shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,000; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this chapter within one year of the date of a previous
violation of the same chapter and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the chapter, but shall be calculated separately
from the fine imposed for the violation of the chapter.