[HISTORY: Adopted by the Board of Selectmen of the Town of Raymond 10-25-1999. Amendments noted where applicable.]
Bingo — See Ch. 108.
As used in this chapter, unless the context otherwise indicates, the following terms shall have the meanings indicted:
- AMUSEMENT CENTER
- Any premises having thereon available for use by the general public amusement devices, billiard or bowling alleys.
- AMUSEMENT DEVICE
- Any machine which, upon the insertion of coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as electronic games, pinball machines, skill ball, mechanical grab machines, videogames and all games, operations or transactions similar thereto under whatever names they may be indicated. The term does not include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated musical devices, rides or billiards.
- Includes billiard tables or pool tables, which, upon the insertion of coins, slugs, tokens, plates or disks or upon payment of a fee may be used for the purpose of driving small balls against one another or into pockets with a cue.
- BOWLING ALLEY
- A game in which balls are rolled down an alley at a pin or group of pins.
- LICENSE or LICENSEE
- As used generally herein, includes respectively the words "permit" or "permittee" whenever relevant to any provision of this chapter or other law or ordinance.
- Includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations or any officers, agents, employees, factors or any representatives, acting either for himself/herself or pursuant to the law.
- Any action falling under the authority of RSA 651:2, as authorized by RSA 31:41-d.
Nothing in this chapter shall in any way be construed to authorize, license or permit gambling or gambling devices.
No person, firm, corporation or association shall display for public patronage, or keep for operation, any amusement device, billiards or bowling alley(s), as defined in § 104-1, without first having obtained a proper license from the Town of Raymond. All licenses under this chapter shall expire on the 31st of July next following their issuance and may be renewed only after compliance with the procedures established by this chapter for the issuance of the original license. It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise, or to use in connection therewith any amusement device, billiard or bowling alley, in whole or in part, for which a license or permit is required by this chapter.
Applicants having available for use by the general public amusement devices, billiards and/or bowling alleys shall comply with all requirements of the Town of Raymond ordinances.
Management plan. The application for an amusement center license shall include, in addition to other required information, a management plan which at minimum will set forth the following:
The actual hours of operation;
The minimum number of employees on duty at any time;
Parking facilities for patrons;
The maximum number of persons permitted on the premises, which number shall not exceed the limits established by the Fire Prevention Code;
A plan designed to avoid nuisances and ensure compliance with Town of Raymond ordinances;
Rules governing the presence of minors unaccompanied by an adult;
Rules and regulations to be posted on the premises governing the operations of the center and conduct of its patrons. These rules should include but not be limited to such matters as dress code, consumption or possession of alcoholic beverages or controlled drugs, loitering, presence of minors during school or evening hours and maximum occupancy.
Procedure for issuance of license. The Board of Selectmen shall not issue a license to an amusement center until 10 days after he has published notice of the application for a license in a newspaper of general circulation in the Town. During this ten-day period, the Board of Selectmen shall accept written comment from the public concerning the application. At the end of the ten-day period, the Board of Selectmen shall grant or deny the license and set the maximum hours of operation of the amusement center. The reasons for denial must be based on this chapter or rules and regulations adopted hereunder and must be stated in writing and delivered to the applicant. Any person aggrieved by the decision of the Board of Selectmen to license an amusement center may, within five days from the date of the decision to license, request the Board to reconsider its decision based upon new evidence prescribed. A renewal of an amusement center license shall be subject to the conditions and proceedings of this section.
The application for an amusement center license shall in addition to such information as may be required by the Board of Selectmen contain the following information:
The name and address of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
The addresses of the premises where the license device or devices, billiard(s) or bowling alley(s) are to be operated, together with the character of the business as carried on at such a place.
A general description of the type of device or devices, billiard(s) or bowling alley(s) to be licensed.
The name and address of the owner of the device or devices, billiard(s) or bowling alley(s), if other than the applicant.
No license shall be issued to any applicant unless he shall be over 18 years of age.
The general standards herein state the qualifications of every applicant for the license under this chapter. These shall be applied by the Board of Selectmen. The applicant shall meet the following standards:
Good moral character. Licensee should not pose a threat to the safety, health, welfare and well-being of the public. In determining whether an applicant meets this standard, the Board of Selectmen shall consider:
Penal history. All convictions, reasons therefor and the demeanor of the applicant thereto.
License history. The license history of the applicant; whether such a person in previously operating under a license issued pursuant to this chapter has had such a license revoked or suspended, the reasons therefor and the demeanor of the applicant subsequent to such action.
All licenses shall be subject to such conditions and restrictions as the Board of Selectmen deems it proper to impose. All licenses shall be posted in a conspicuous location on the premises.
A license shall not be transferable from person to person nor place to place and shall be usable only at the place and by the person designated on the license.
A license may be denied for cause or suspended for a stated period of time for cause or revoked for cause by the Board of Selectmen after a hearing before that Board.
Denial. A license may be denied based on the following standards and pursuant to the following procedures:
Denial must be based on failure of the applicant to meet the requirements for application, including but not limited to those requirements stated in this chapter, rules and regulations adopted hereunder, including qualifications, procedures for issuance.
Denial shall be issued after the Board of Selectmen has held a public hearing regarding the denial following the close of the ten-day period described above. Denial shall be in the form of a written statement by the Board of Selectmen and shall state the reasons for denial. The public hearing on the license shall be the forum at which the licensee may state the reasons he/she believes he/she is entitled to the license and the forum at which the Board of Selectmen, as the licensing authority, or other interested parties may state reasons why the applicant should not obtain the license. The denial of any application for license shall be based on evidence presented at the public hearing.
Suspension or revocation. A license may be suspended for a stated period of time or revoked for cause by the Board of Selectmen after a hearing before the Board.
The license holder shall be granted notice of the hearing. Notice shall be sufficient if sent by certified mail to the license holder at the address supplied, in writing, thereafter. The notice shall state, in writing, the cause upon which the Board of Selectmen is considering the suspension or revocation of the license and shall invite the license holder to reply at a hearing before the Board of Selectmen. The hearing shall be held no earlier than 10 days and no later than 20 days from the date the notice is sent by certified mail.
The licensee shall have a full and fair opportunity to confront the evidence at such hearing, and the Board of Selectmen shall base its decision to suspend or revoke on the evidence presented at the hearing.
The Board of Selectmen shall issue its decision in writing which shall be sent by certified mail to the holder of the license.
Every machine or device licensed shall be in plain view from the main entrance of the establishment.
Operation of amusement devices, billiard(s) or bowling alley(s) under this license shall be restricted to use by patrons from 10:00 in the morning until 11:00 in the evening, except Sundays which will be from 12:00 noon until 11:00 p.m.
Every amusement center applicant, before being granted a license, shall pay a license fee of $100 per year plus a fee per machine, billiard table and bowling alley (see § 104-13). All license fees shall be payable annually in advance, provided that where the application is made after the expiration of any portion of the license year, a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee. In no case shall any portion of the license fee be repaid to the licensee.
Any violation of this chapter or any violation of any of the conditions attached to any license issued under this chapter is hereby declared to be a nuisance. In addition to any other relief provided by this chapter, the Town may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter or any condition or any license issued under this chapter.
Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein:
The Town Manager or his/her designee shall make all investigations reasonably necessary to the enforcement of the chapter.
Officials having duties. The Board of Selectmen shall have the authority to order the inspections of licensees, their businesses and premises by all Town officials having duties to perform with reference to such licenses or businesses.
Authority of inspectors. All persons authorized herein to inspect licenses and businesses shall have the authority to enter, with or without a search warrant, at all reasonable times, the following premises:
Reports by inspectors. Persons inspecting licensees, their businesses or premises as herein authorized shall report all violations of this chapter or other laws or ordinances to the Board of Selectmen and shall submit such other reports as the Board of Selectmen shall order.
Any person, partnership, corporation or institution found to be operating an amusement device without having first obtained a license therefor as prescribed herein or any owner of property that suffers or permits such property to be used for the operation of an amusement device without having first obtained a license shall be guilty of a violation and shall be subject to a fine not to exceed $1,000. For the purpose of this section, any operation of an amusement device, the license of which has been suspended or revoked, shall be considered unlicensed operation. Each day such operation continues on an unlicensed basis shall constitute a separate violation.
If any section, sentence or phrase of this chapter shall for any reason be held to be invalid or unconstitutional by a decree or decision of any court or competent jurisdiction, such decree or decision shall not affect or impair the validity of any section or remaining portion of this chapter.
This chapter shall supersede said ordinance adopted March 12, 1983, Annual Town Meeting, Article 27.