The provisions of this article establish and regulate the use
of automatic amusement devices in the City, excluding coin-operated
music machines.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different 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" or "electronic video machines," excluding coin-operated
music machines, including any other similar machine or device, as
defined in MGL c. 140, § 177A.
Any educational institution, public, private, secular, or
parochial, which offers instruction of high school grade or below
and which is accredited by the State Department of Education.
[Amended 10-19-1992 by Ord. No. 446]
A.
A license shall be required before any premises may operate an automatic
amusement device in the City.
B.
All applications shall be filed with the City Clerk on such form
as the City Council may from time to time prescribe, with the fee
set forth to be paid to the City Clerk at the time of the application,
and such fee shall be returned if the license is refused.
C.
The City Clerk shall issue such license upon a majority vote of the
City Council.
D.
Licenses shall be renewable on the last day of December of each year.
Renewals must be issued by the City Clerk, with submission to the
City Council.
E.
The applicant shall be the owner or manager of the establishment
requesting the license.
F.
All applications must list the vendor or owner of the automatic amusement
device to be placed upon the premises.
G.
There shall be no more than two machines allowed per any premises, except in compliance with Subsection I of this section.
H.
All applications for automatic amusement devices for three or more
such machines at any one location not licensed to dispense alcoholic
beverages must have a public hearing before the Committee on Legal
Affairs of the City Council. Such public hearing must be advertised,
by legal notice, by the applicant, at least 10 days prior to any public
hearing in one newspaper of general circulation. The applicant must
forward a copy of the legal notice to the abutters of the premises
where the automatic amusement devices are to be located. Such notification
is to be by registered or certified mail.
I.
Any existing licensee with two or more automatic amusement devices
legally upon his premises must comply with all provisions of this
section if an application for additional automatic amusement devices
is filed with the City Clerk.
J.
In acting on each application for an automatic amusement device license,
the City Council shall consider whether the granting of such license
would be consistent with the general good, order and welfare of the
City. The Board shall consider, among other things:
(1)
Whether maintenance of automatic amusement devices could affect traffic
and pedestrian congestion.
(2)
Whether maintenance of automatic amusement devices is consistent
with the best economic and social interests of the area.
(3)
Whether maintenance of automatic amusement devices would unreasonably
increase the level of noise in the area.
(4)
Whether maintenance of automatic amusement devices would unreasonably
increase the incidence of illegal or disruptive conduct in the area.
(5)
Whether maintenance of automatic amusement devices would otherwise
significantly harm the general good, order and welfare of the immediate
area in which the premises are located.
A.
Automatic amusement devices licensed under this article shall be
so installed on the premises as to be in open view at all times while
in operation and shall at all times be available for inspection. All
machines shall have the owner's or vendor's name, address and telephone
number attached in clear view.
B.
No person keeping or offering for operation or allowing to be kept
or offered for operation any automatic amusement device shall permit
the same to be used for the purpose of gambling.
C.
No machine shall be operated by persons 16 years of age or younger
while City public schools are in session from the hours of 7:00 a.m.
to 2:00 p.m., weekdays only.
D.
No person under the age of 21 years may operate an automatic amusement
device which is located on premises licensed to dispense alcoholic
beverages. The preceding shall not apply in circumstances where the
individual under the age of 21 years is accompanied by his parent
or guardian, provided that such parent or guardian consents to the
operation of such device by such individual.
E.
Any machine which is in violation of this section may be confiscated
from the premises by the Chief of Police.
F.
No provision of this article shall authorize or permit or be construed
as authorizing or permitting the keeping, maintaining, possessing,
using or operating in the City of any contrivance or device otherwise
prohibited by law.
G.
Any such automatic amusement device lawfully in existence and properly
licensed by the City Clerk and operating prior to the effective date
of this article shall not be denied renewal of such existing license
without just cause.
Any violation of the provisions of this article shall result
in the revocation of all licenses to operate automatic amusement devices
at such premises for a period of one year from the date of violation.
Any violation of this article shall result in a fine of up to $200.
Any licensee found to be in violation of any provision of this article
shall be granted a public hearing before the Legal Affairs Committee
of the City Council upon written request.
