[HISTORY: Adopted by the City Council of the City of Springfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 5, Ch. 5.48, of the 1986 Code]
For the purposes of this article, "carnival-type rides" means
any fixed or portable mechanical device similar to, but not limited
to, Ferris wheels, carousels, inclined railways or similar devices
which may be conducted under one or several managements at the same
location or independently and which may be permanently set up in a
fixed location or which may be temporarily set up or conducted in
a public place or upon any private premises either with or without
an admission fee, and which, from the nature of the aggregation, attracts
attendance of, and causes the mingling of, persons.
It is unlawful for any person, group, unincorporated association,
firm or corporation to conduct a temporary outdoor place of amusement
or recreation with carnival-type rides or its equivalent without a
license issued by the Mayor.
A.
Application for a license to conduct a temporary outdoor place of
amusement or recreation or its equivalent shall be made to the office
of the Mayor on forms furnished by the Mayor and shall set forth,
under oath, such information as the Mayor may require.
B.
Application for a license required by this article shall be made
no later than 30 days prior to the time the event is to take place
and shall be accompanied by a nonrefundable license fee in the amount
of $250.
A.
A license required by this article shall be granted to philanthropic
enterprises or nonprofit groups only, such as churches, synagogues,
clubs or lodges, organized for fraternal or social purposes.
B.
No license required by this article shall be granted to any organization
which has had within the City a license for a temporary outdoor place
of amusement or recreation on two separate occasions in the current
calendar year.
C.
No license required by this article shall be issued for the conduct
of a temporary outdoor place of amusement or recreation on more than
two occasions in the current calendar year at any one location.
No license required by this article shall be issued unless the
following items have been complied with:
A.
A certificate of insurance is submitted naming the City as a co-insured
in an amount not less than $100,000 per person and $1,000,000 per
occurrence.
B.
Copies of inspections and certificates of approval have been submitted
which show that all temporary amusement devices comply with the minimum
requirements of 520 CMR 5.00.
C.
Written approvals of the Building Commissioner, the Chief of Police,
the Chief of the Fire Department, the Director of the Department of
Public Health, and the Law Department, or their designees, have been
submitted to the office of the Mayor.
[Amended 4-26-2005]
A.
The license shall contain the date, time, and location of the event
and the name of the organization conducting the event. Each such event
shall not be of a duration of more than seven consecutive days, unless
otherwise approved in writing by the Mayor.
B.
Licenses required by this article shall be signed by the Mayor and
be affixed with the Seal of the City, shall be numbered in order as
granted, and shall state the date and time of their expiration.
Any license issued in accordance with this article shall at
all times during the event be visibly displayed upon the premises.
All wiring for an event licensed under this article shall be
performed by a licensed electrician who shall be on the premises at
all times that the event is open to the public.
The penalty for violation of this article is a fine of up to
$300 for each day on which a violation exists and/or the immediate
revocation of the license.
[Adopted as Title 5, Ch. 5.52, of the 1986 Code]
[Amended 6-14-1989]
The annual fee for a license to keep and operate any amusement
device licensed under the provision of MGL c. 140, § 177A,
or any renewal thereof, shall be $100 per machine. The fee for every
change of premises shall be $2.
[Added FCB 9-11-2006]
A.
In accordance with MGL c. 140, § 177A, the license
commission may grant a license to operate an automatic amusement device,
as defined therein, for hire, gain or reward, and, after written notice,
hearing, and opportunity to be heard, may suspend or revoke such a
license. The term "automatic amusement device" as used in this article
shall be construed as meaning any mechanism whereby, upon the deposit
therein of a coin or token, any apparatus is released or set in motion
or put in a position where it may be set in motion for the purpose
of playing any game involving, in whole or in part, the skill of the
player, including, but not exclusively, such devices as are commonly
known as "pinball machines," including free-play pinball machines.
[Added FCB 9-11-2006]
A.
The maximum number of automatic amusement devices allowed on any
single business premises shall be four unless the license commission,
after a duly noticed public hearing, has issued its written authorization
for a greater number of such devices.
B.
No automatic amusement device shall be licensed which is designed
to accept currency of a value greater than a United States $5 bill.
C.
Based upon MGL c. 140, § 177A, the license commission
shall not grant a license for any device that is intended for use
as a gaming device nor for any automatic amusement device which may
reasonably be considered to present a risk of misuse as a gaming device.
Automatic amusement devices which may reasonably be considered to
present a risk of misuse as gaming devices are those devices which
simulate actual gaming devices, including so-called "video slots";
any game that involves no skill of the player; and any games which
have a dual metering system accounting for money being placed into
the machines, and allowing for points to be paid out on the machines;
and any games which involve matching forms, shapes or random number
combinations. State law also prohibits video slot machines or any
essential part of which contain a video display of a drum or reel
with insignia thereon, and which, when operated, may deal, as a result
of the application of an element of chance, any money or property,
or by the operation of which a person may become entitled to receive,
as the result of the application of an element of chance, any money
or property, or any subassembly or essential part intended to be used
in connection with any such machine or video device.
D.
Automatic amusement devices shall be so installed on the premises
described in the license as to be in open view at all times while
in operation, and shall at all times be available for inspection by
law enforcement officials, including members of the license commission.
The registration number shall be prominently displayed on a seal or
sticker issued by the licensing commission. Each seal or sticker shall
be affixed to the automatic amusement device in a manner easily visible
to authorities. The sticker shall include the following information:
the registration number of the machine, the date of the license, and
the name and address of the licensee as well as the machine's
owner. Removal of the seal or sticker shall be prohibited until the
license expires, is surrendered, or revoked. If a sticker is destroyed
or lost, a replacement cost of $10 shall be paid for the issuance
of a new sticker. Unlicensed automatic amusement devices are prohibited.
[Added FCB 9-11-2006]
A.
All licenses for automatic amusement devices granted by the license
commission shall be subject to inspection by state and local law enforcement
officials to ensure conformance with submitted application information
and the requirements of this article and MGL c. 140, § 177A.
B.
A violation of this article or MGL c. 140, § 177A,
shall be grounds for revocation of any license issued by the City
of Springfield and held by the violator, including a license to sell
alcoholic beverages, and may otherwise be punished as allowed by law.
C.
A fine of $300 per day per machine may be imposed for each violation.
