[HISTORY: Adopted by the Town Council of
the Town of Westerly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-1991 by Ch. No. 983 as §§ 7-81
through 7-83 of the 1991 Code (as amended through Ch. No. 1148)]
[Amended 10-25-2004 by Ch. No. 1516]
A.
No person shall maintain, operate or conduct any amusement, including but not limited to a merry-go-round, whip, bumper car, kiddy ride, airplane ride, Ferris wheel, or similar or like amusement device, or motorized vehicles, watercraft, or any other rental-for-profit endeavor on land or water, water slide, batting cage, miniature golf, bowling alley and roller-skating rinks, unless such person shall have first obtained a license in accordance with § 158-2.
[Amended 4-12-2010 by Ch. No. 1712]
[Amended 4-12-2010 by Ch. No. 1712]
[Amended 4-12-2010 by Ch. No. 1712]
In addition to the requisite information, the
application for such license shall indicate the number and types of
amusements to be maintained, operated or conducted. Proof of insurance
shall accompany the application.
[Amended 4-12-2010 by Ch. No. 1712]
[Adopted 8-13-1991 by Ch. No. 983 as §§ 7-101
through 7-112 of the 1991 Code]
As used in this article, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged. Also included
within this definition are coin-operated mechanical or electronic
musical devices which are commonly referred to as "jukeboxes."
Any person, firm, corporation, partnership or association
who sets up for operation by another any device as herein defined,
whether such setting up for operation, leasing or distributing is
for a fixed charge or retail 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, lessee or proprietor, has under his
or its control any establishment, place or premises in or at which
such device is placed or kept for use or play or on exhibition for
the purpose of use or play.
[Amended 4-12-2010 by Ch. No. 1712]
No person, firm or corporation shall engage in the business of a distributor or proprietor of coin-operated amusement devices, as the terms are herein defined, without first having obtained a license in accordance with § 158-2.
[Amended 5-10-2004 by Ch. No. 1490; 4-12-2010 by Ch. No. 1712]
[Amended 4-12-2010 by Ch. No. 1712]
A.
In addition
to the requisite information, the application for such license shall
specify the number of devices to be licensed and the trade name, a
general description, the serial number and the manufacturer of each
such device, as well as a statement of prior arrests or convictions,
if any, of each person listed on the application.
B.
The Licensing
Board, before granting any such license to a proprietor of three or
more coin-operated devices, shall hold a public hearing, notice of
which shall be given by advertising once a week for at least two successive
weeks in a newspaper of general circulation in the Town. The notice
shall contain the name of the applicant, the location for which the
license is required, the date, time and place of the hearing, and
shall state that remonstrants are entitled to be heard. The expense
of such advertising shall be borne by the applicant. The provision
for a public hearing shall not apply to licenses for less than three
coin-operated devices or to existing licenses or to renewals of licenses.
C.
No license
shall be issued to any applicant unless he/she shall be over 18 years
of age.
[Amended 4-12-2010 by Ch. No. 1712]
All licenses granted pursuant to the provisions of this article are subject to approval of proper authorities as specified in § 158-3.
[1]
Editor's Note: Former § 72-10, Approval or denial
of application, was repealed 4-12-2010 by Ch. No. 1712.
[Amended 4-12-2010 by Ch. No. 1712]
Any proprietor who owns such device shall file with the Clerk
evidence of such ownership prior to the issuance of a license.
[Amended 4-12-2010 by Ch. No. 1712]
A.
The proprietor shall not permit any person to bet
or gamble on the licensed premises.
B.
The proprietor shall at all times maintain good order
and shall not permit any disturbances, congestion or loitering upon
the licensed premises. The Director of Public Safety shall determine
whether and to what extent additional police protection will be required
for the event or entertainment area for purposes of traffic, crowd
control and security. In making this determination, the Director of
Public Safety shall consider those factors set out in the application
for permit. If additional police protection for the event is deemed
necessary by the Director of Public Safety, he shall so inform the
applicant for the permit. The Director of Public Safety shall provide
the number of police officers determined to be necessary. All police
officers so assigned or provided shall be at the sole expense of the
applicant.
C.
No music machine shall be operated in a manner to
be heard out of doors.
D.
No licensed premises shall be without adequate sanitary
facilities located and installed on licensed premises nor contain
any fire, safety or health hazard.
E.
Each distributor or proprietor shall, within five
days, report in writing to the Clerk any change by addition or deletion
of the information furnished on the license application during the
term of any license or renewal thereof.
F.
No distributor or proprietor shall refuse to cooperate
fully with the Clerk and any law enforcement officer or agency.
[1]
Editor's Note: Former § 72-14, Enforcement, was
repealed 4-12-2010 by Ch. No. 1712.
A.
Every license issued under the provisions of this
article is subject to revocation by the Licensing Board for the violation
of any of the provisions of this article. Any material misstated or
omitted in the license application shall constitute grounds for revocation.
The revocation shall occur only after a hearing.
[Amended 4-12-2010 by Ch. No. 1712]
B.
The licensee shall be given 10 days' notice of the
date of such hearing, and such notice shall state the grounds therefor.
At such hearing the licensee may submit pertinent information on his
own behalf.
A.
Any person violating any of the provisions of this
article, in addition to the revocation of his license, shall be punished
by a fine not exceeding $100 or be imprisoned not more than 60 days,
and each day of operation of any coin-operated amusement device without
a license as provided in this article shall constitute a separate
offense.
B.
Upon such conviction, no licensee shall thereafter
transact the business of distributing or operating coin-operated amusement
devices in the Town.
C.
All members
of the Police Department are authorized to enforce the provisions
of this article.
[Added 4-12-2010 by Ch. No. 1712]
