[HISTORY: Adopted by the Town of Rye as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Town Meeting March 1969 by Art. 20 (Ord. No.
8)]
As used in this article, the following terms shall have the
meanings indicated:
Any machine which, upon the insertion of a coin, slug, token,
plate, or disc, may be operated by the public generally for use as
a game, entertainment, or amusement, whether or not registering a
score, but shall not include jukeboxes. It shall include such devices
as marble machines, pinball machines, skill ball, mechanical grab
devices, and all games, operations, or transactions similar thereto
under whatever name they may be indicated.
[Amended 3-10-2020 by Art. 28]
Includes the following: any person, firm, corporation or
association in whose place of business any such machine is placed
for use by the public, and the person, firm, corporation or association
having control over such machine.
Nothing in this article shall in any way be construed to authorize,
license, or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law.
Any person, firm, corporation or association displaying for public patronage any mechanical amusement device as herein defined by § 12-1 shall be required to obtain a license. Application for such license shall be made to the Selectmen upon a form to be supplied by the Selectmen for that purpose. No license shall be issued to any applicant unless he shall be 18 years of age and a citizen of the United States.
The Chief of Police shall investigate the location wherein it
is proposed to operate such machine, ascertain if the applicant is
a person of good moral character and report thereon to the Selectmen
prior to the issuance of the license. No license shall be issued by
the Selectmen to any applicant until after the Chief of Police has
reported his approval to the Selectmen.
Every applicant before being granted a license shall pay the following fee for the privilege of operation or maintaining for operation a mechanical amusement device as defined in § 12-1 herein: $30 per machine. Each license shall expire at 12:00 midnight, December 31 of the year in which said license was issued.
A.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
B.
Such license may be transferred from one machine or device to another
similar machine, in the same place of business, upon application to
the Selectmen to such effect and the giving of a description and the
serial number of the new machine or device. Not more than one machine
shall be operated under one license and the applicant or licensee
shall be required to secure a license for each and every machine displayed
or operated by him. A license shall not be transferable from person
to person.
[Amended 3-10-2020 by Art. 28]
No person, firm, corporation or association holding a license
under this article shall permit persons under the age of 18, unless
accompanied by a parent or guardian or other suitable adult having
the care and custody of said person, to operate any mechanical amusement
device between the hours of 8:00 a.m. and 2:30 p.m. on days on which
public schools are in session.
Every license issued under this article is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any mechanical
amusement device contrary to the provisions of this article or the
law of the State of New Hampshire. Said license may be revoked by
the Selectmen upon recommendation of the Chief of Police and after
written notice to the licensee, which notice shall specify the ordinance
or law violations with which the licensee is charged, if after a hearing
the licensee is found to be guilty of such violations. Ten days' notice
of the hearing shall be given to the licensee. At such hearing the
licensee and his attorney may present and submit evidence and witnesses
in his defense.
If the Chief of Police shall have reason to believe any mechanical
amusement device is used as a gambling device, such machine may be
seized by the police and impounded, and if upon trial of the exhibitor
for allowing it to be used as a gambling device said exhibitor is
found guilty, such machine shall be destroyed by the police.
[Amended 3-10-1970 by Art. 25; 3-10-2020 by Art. 28]
Any person, firm, corporation or association violating any provisions
of this article, in addition to the revocation of his or its license,
shall be liable to a fine or penalty of $50 for each offense.
