[HISTORY: Adopted by the Town of Winchester effective 7-1-1954 (§ 37 of the prior compilation).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine which, upon the insertion of a coin, slug or
token or upon payment of a charge, releases balls which are propelled
by a plunger across a board and register scores by striking pins,
posts, levers or bumpers or by falling into holes or slots, or any
machine which, upon insertion of a coin or slug or the payment of
a charge, is operated to register a score or tally of any kind. It
shall include such devices as pin-ball or pin-game machines.
An individual, partnership, corporation, club or association
in whose place of business or upon whose premises any such machine
or device is placed for use by the public.
No person shall, in any place open to the general public or
occupied by any club or association, place or locate any mechanical
amusement device until he shall have obtained a license therefor from
the Chief of Police.
The owner of the business or establishment where the mechanical
amusement device is to be kept for use by the public shall make application
for said license to the Chief of Police upon a form furnished by him
and which shall contain the following information:
A.
Name of applicant; if a partnership, names of all partners; if a
corporation, club or association, names of officers.
B.
Residence of applicant.
C.
Place and state of birth; if a corporation, club or association,
date organized and under laws of what state, and place and date of
birth of officers.
D.
Location of place where licensed business is to be conducted.
E.
Type of business.
F.
Citizenship status of applicant or of officers, if applicant is a
corporation, club or association.
G.
Whether applicant or, if a corporation, club or association, officers
have ever been convicted of a crime.
H.
Number of mechanical amusement device machines for which license
is sought.
The Chief of Police shall investigate the character and record
of the applicant for a license and the location wherein it is proposed
to operate the machine described in the application. He shall not
approve the application unless he finds that the applicant is 21 years
of age or over and is a person of good moral character and that the
business or activity carried on in such a location is a bona fide
and lawful one.
In case of the denial of an application or refusal to issue
or renew a license, the Chief of Police shall notify the applicant
of such action and set a day and place for a hearing thereon, giving
the applicant reasonable notice in advance thereof and an opportunity
to be represented by counsel at such hearing. Said hearing shall be
held before the Board of Selectmen.
The annual license fee for each mechanical amusement device
shall be $100. One mechanical amusement device may be substituted
by a licensee for another similar machine or device under his license,
but in the event of a sale or transfer of his business by a licensee
a new license shall be obtained by the transferee, and the transferor
shall notify the Chief of Police of such sale or transfer.
All licenses and renewals thereof shall expire on May 31 each
year.
The license shall be conspicuously posted in the place of business
of the licensee and each licensee shall maintain good order in his
place of business, shall not permit any mechanical amusement device
to be used for gambling, and shall not harbor in his place of business
persons under 16 years of age or allow them to congregate therein
or play said amusement device. A violation of this section by an agent
or employee of a licensee shall be deemed a violation thereof by the
licensee.
Any person violating any of the provisions of this chapter shall
be fined not less than $25 nor more than $150.
The Chief of Police shall have the power to revoke any license
issued hereunder for cause upon due notice in writing to the licensee
and an opportunity to be heard before the Board of Selectmen and to
be represented by counsel at such hearing. Cause shall be deemed to
include, but not to be limited to, conviction of a crime subsequent
to the granting of the license, false information in the application
for a license or any violation of this chapter.
