[HISTORY: Adopted by the Town Meeting of the Town of South
Hadley 1-11-2017 STM by Art. 14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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," include free-play pinball machines, but not including slot
machines as defined in MGL c. 23K.
In accordance with MGL c. 140, § 177A, as amended
from time to time, any individual or business desiring to keep and
operate an automatic amusement device for hire, gain or reward shall
secure an annual license from the Selectboard. No license shall be
granted for any automatic amusement device which presents a risk of
misuse as a gaming device, and no person shall operate or allow the
operation of an automatic amusement device which presents a risk of
misuse as a gaming device. Automatic amusement devices which present
a risk of misuse as gaming devices are those devices which simulate
actual gaming or actual gaming devices and games which involve matching
of random numbers, patterns or color combinations. Any change of automatic
amusement devices shall be subject to inspection as well as relicensing
if the new devices are materially different from the devices originally
licensed. All premises designated on a license for automatic gaming
devices granted by the Selectboard shall be subject to inspection
by the South Hadley Police Department to ensure conformance with the
submitted application information and the provisions of this section.
A.
The maximum number of automatic amusement devices allowed on any
single business premises shall be six, with no such device able to
accept a bill larger than $5. Notwithstanding anything contained herein
to the contrary, the limitation upon the maximum number of automatic
amusement devices allowed on any single business premises of six shall
not be applicable to the operation of a business that constitutes
public recreation operated as a business, including facilities for
assembly, billiards, bowling, soccer, roller skating and similar activities,
provided that the following conditions are satisfied as determined
by the Planning Board:
(1)
The operation of automatic amusement devices is accessory to the
principal use of public recreation operated as a business; and
(2)
More than six amusement devices shall only be operated within the
business premises that have as their principal use public recreation
operated as a business in conjunction with and as accessory to the
public recreation activities carried out within any such business
premises.
B.
Upon receipt by the Selectboard of a certification from the Planning Board that an establishment satisfies both of the foregoing conditions, the Selectboard may issue a license permitting the operation of more than six automatic amusement devices at the business premises where public recreation operated as a business constitutes the principal use, with no limitation imposed upon the number of automatic amusement devices that may be permitted by the Selectboard pursuant to any such license. Nothing contained in this section shall modify or otherwise affect the prohibition set forth in § 115-2 that no license shall be granted for any automatic amusement device which presents a risk of misuse as a gaming device and no person shall operate or allow the operation of an automatic amusement device which presents a risk of misuse as a gaming device.
Whoever violates any provision of this chapter shall be punished by a fine as referenced in Chapter 46, Penalties and Enforcement. Any unlicensed automatic amusement device (or automatic amusement device which presents a risk of misuse as gaming device) shall be subject to immediate seizure by the South Hadley Police Department. Any expense incurred by the South Hadley Police Department related to the seizure of such devices shall become the responsibility of the person that controls the premises where the devices were located. This section may be enforced by all state and local law enforcement officials and may be administered under the provisions of MGL c. 40, § 21D or any of the laws of the commonwealth or any Town bylaw implementing enforcement of its bylaws. Nothing in this section shall be construed to change any provision of the Town Zoning Bylaw.[1]
