As used in this chapter, the following terms shall have the
meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE or DEVICE
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 or 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."
PROPRIETOR
Any person, firm, corporation, partnership, association or
club who, 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.
No person, firm, corporation, partnership, association or club
shall engage in the business of a proprietor of coin-operated amusement
devices, as the terms are herein defined, without first having obtained
the proper license therefor, in accordance with the terms of this
chapter.
Each application for license hereunder shall be filed with the
Clerk on a form to be provided by the Clerk and shall specify:
A. The name and address of the applicant and, if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses.
B. The address of the premises where the license device or devices are
to be operated, together with the character of the business as carried
on at such place.
C. The trade name and general description of the device or devices to
be licensed, the name of the manufacturer and the serial number of
each such device.
D. The name and address of the owner of the device or devices, if other
than the proprietor.
E. Whether or not the applicant or any principal officer thereof, if
the applicant is not a natural person, has ever been convicted of
violating any statute or Town ordinance involving gambling or moral
turpitude, and if so, the details of conviction.
No more than four coin-operated amusement devices as described
in this chapter shall be licensed for operation on or at any business
premises for every 100 square feet of public floor area.
No coin-operated amusement device shall be located in any premises
within 200 feet of a church or other religious institution or a public
or private school. The distance shall be measured from the nearest
entrance of the premises on which the mechanical amusement device
is located or sought to be located along the route that a pedestrian
would normally walk.
No proprietor shall permit the operation of a coin-operated
amusement device between the hours of 11:00 p.m. and 7:00 a.m. However,
the time of operation shall be extended to the closing hours of an
establishment if the license of the primary business of the establishment
stipulates a later closing hour.
In the event that the Town Clerk refuses to issue a license,
any aggrieved applicant may appeal to the Town Council for the issuance
of said license by notifying the Council in writing within five days
of the date of denial of the license by the Town Clerk, requesting
that said applicant be heard by the Council in regard to the issuance
of said license. Upon receiving such notification from any aggrieved
applicant, the Town Council shall schedule a date for a hearing within
20 days of the date of the request, at which time the applicant shall
have the right to present evidence to the Council showing that he
is entitled to said license. The Council shall consider all the factors
required under the terms of this chapter and issue its ruling within
15 days of the date of said hearing.
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$500 or imprisonment in the county jail for a period not exceeding
30 days, or both. Each day that any of the provisions of this chapter
shall be violated shall constitute a separate offense.