For the purposes of this article, the term "coin-operated amusement devices" means all of those machines, whether mechanical or electronic, which, upon insertion of a coin, slug, token plate or disc, may be operated by the public generally, for use as a game, entertainment or amusement, but not limited solely to musical entertainment, whether or not registering the score; and which are operated for amusement only and do not dispense any form of payoff, prize or reward except free replays.
[Amended 6-19-1989 by Ord. No. 113(2)]
A. 
It shall be unlawful for any person to keep for public patronage or to permit or allow thereupon any coin-operated amusement device in or on any premises or location under his charge, control or custody without having first obtained a license therefor from the City Clerk. The license shall be issued by the Clerk upon the payment of an annual fee for each machine located at the premises. The license shall expire on June 30 of each year. The fee for such license shall be set from time to time and a schedule of such fees is on file in the City Clerk's office.
B. 
A seven-day temporary license may be issued to a bona fide nonprofit organization, fraternal, church or fair association, so long as that organization is located in the county. Such license shall not exceed seven days in any calendar year. Such license shall be issued by the Clerk upon payment of a fee which shall be set from time to time and a schedule of such fees is on file in the City Clerk's office.
C. 
The license required by this section shall be posted securely and conspicuously on the premises for which it is granted. The license shall not be transferable to any other person, or from location to location, and shall be valid only at the location and for the person designated therein. The license shall not be granted to any person under the age of 18 years nor to any firm, corporation or association whose officers are under that age.
D. 
It shall only be necessary to obtain one license for each machine in operation. Substitutions of new or substitute coin-operated amusement devices shall be permitted.
[Amended 7-20-1987 by Ord. No. 140; 1-6-1992 by Ord. No. 244]
Notwithstanding the provisions of § 115-7, the City Clerk shall not issue any license involving a location for which the applicant does not already have other such licenses until authorized to do so by the City Council following a public hearing. The City Clerk shall post notice of the public hearing in two public places at least seven days previously, stating the purpose of the meeting. Such hearing shall be held within 30 days of the receipt of such license application, and authorization or denial by the Council shall be by written decision stating the reasons therefor. At the public hearing, the City Council shall receive testimony and take evidence as to the good moral character of the applicants and shall base its judgment in this regard on the criteria set forth in 25 M.R.S.A. § 2032(3).[1] The Council shall also take evidence and receive testimony regarding potential traffic hazards at the location in question, the effect on neighboring properties, and the general health and safety of the premises to house the coin-operated amusement devices. In this regard, the Police Chief shall be required to submit written reports on the evaluation of the premises.
[1]
Editor's Note: 25 M.R.S.A. § 2032(3) was repealed by L. 1985, C. 478, § 3. See now 25 M.R.S.A. § 2003, Permits to carry concealed handguns.
Any person or, in the case of a corporation or association, any official or agent thereof violating any of the provisions of this article shall upon conviction in a court of law be punished in accordance with Chapter 1, Article III, General Penalty, of the City Code.
Any license issued under this article may be revoked by the City Clerk, after hearing before the City Council, when any of the following violations are found:
A. 
There are machines located on the premises which have not been licensed.
B. 
Any of the other specifics of this article have been violated.