As used in this chapter, unless the context otherwise indicates,
the following terms have the meanings indicated in this section:
Any amusement machine or device operated by means of a control
switch or the insertion of a coin, token, slug, plate or disc, or
similar object for the purpose of amusement or skill or for use as
a game, whether or not registering a score, and for the playing of
which a fee is charged. The term does not include vending machines
in which are not incorporated gaming or amusement features, nor does
the term include any coin-operated mechanical musical devices.
Any person who, as the owner, lessee or proprietor, has under
control any establishment, place or premises in or at which an amusement
device is placed or kept for use or play or on exhibition for the
purpose of use or play.
No proprietor may allow any person under the age of 16 to operate
or play any amusement device during any hours that the Kittery public
schools, excluding adult education, are in session.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.
A.
Required. No person may engage in the business of being a proprietor
of amusement devices unless said person is properly licensed under
the provisions of this chapter.
B.
Expiration. Each license issued under this chapter expires on June
30 of each year.
C.
Certification and display. Each license issued under this chapter
is evidenced by a certificate issued by the Clerk, stating the number
and general type of devices licensed, which certificate must be posted
in a conspicuous location in the place where the machines are located.
D.
Transferability. Each license issued under this section is not transferable
to any other person, or from location to location, and is valid only
at the location and for the person, firm, corporation or association
designated therein.
E.
Age requirement. No such license may be granted to any person under
the age of 21 years nor to any firm, corporation or association whose
officers are under said age.
A.
Application required information. Application for license hereunder
is to be filed in writing with the Clerk on a form to be provided
by the Town and must specify:
(1)
The name and address of the applicant and, if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses;
(2)
The address of the premises where the licensed device or devices
are to be operated, together with the character of the business as
carried on at such place;
(3)
A general description of the type of amusement devices to be
licensed; for example, pinball machines, pool tables, video games,
etc.; and
(4)
The number of each such type of amusement device for which the
applicant seeks to be licensed.
B.
Licensing procedure. The proper license fee must accompany each application.
Application for license hereunder is to be first referred by the Clerk
to the Council, which may make or cause to be made such investigations
as it deems necessary. Following a public hearing, the Council must
base its approval or disapproval of any application upon the ability
of the applicant to meet the general operating regulations contained
in this chapter. If the application is approved by the Council, the
license is issued by the Clerk and the Clerk remits the fee to the
Town Treasurer. If the license is denied, the fee is returned to the
applicant.
D.
Increasing the number of devices. Any proprietor licensed under the
provisions of this chapter may file an application with the Clerk
to increase the number of amusement machines so licensed. Upon the
granting of such an increase by the Council, the applicant must surrender
the existing license to the Clerk. The Clerk, upon payment of a fee
increase calculated as set out in Appendix A,[2] will issue a new license for the remainder of the term
of the original license, showing the number and types of devices licensed.
[2]
Editor's Note: See § A-6.
A.
Any such license may be revoked by the Council pursuant to the following:[1]
(1)
Violations. When there has been a violation of this chapter;
(2)
Improper persons. When the licensee or any of the officers of
the firm, corporation or association are not proper persons to hold
such a license; or
(3)
Improper location. When the premises for which the license was
granted is not a proper location.
B.
Prior to any revocation as provided herein, the Council shall hold
a hearing, at which time the licensee and any interested parties may
appear and be heard on the issue of revocation. The Council shall
promptly issue its decision to the licensee.
