6-301.1.
Definitions. For the purpose of this section, an "automatic amusement device" shall mean any mechanism whereby, through the insertion of a coin or token, any apparatus is released or set in motion or is 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, including free play pinball machines.
6-301.2.
License Required. It shall be unlawful for any person having title to or responsibility for the maintenance or operation of any restaurant, public hall, store, place of amusement or any other place to which members of the public may resort, to maintain, operate or permit to be operated or maintained in said premises, any automatic amusement device without having first obtained a valid license from the licensing authority pursuant to the provisions of this By-law.
6-301.3.
Gambling Devices Not Permitted. Nothing in this By-law 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, or that may be contrary to any future laws of the Commonwealth of Massachusetts.
6-301.4.
Application. Application for such license shall be made out in duplicate and submitted to the licensing authority upon a form to be supplied by the licensing authority for that purpose. The application for such license shall contain the following information:
(a)
Name and address of the applicant, age, date and place of birth.
If said applicant is a corporation, partnership, association, or other business entity, said application shall include certified documentation sufficient to prove the applicant’s existence, principal business address, person or officer upon whom service of process may be served, and the names and addresses of all directors, partners, or if an association, of all members of said association.
(b)
Prior criminal convictions, if any, of applicant or its directors, partners or members as specified in (a) above.
(c)
Place where machine or device is to be displayed or operated and the business conducted at that place.
(d)
Description of machine or machines to be covered by the license, mechanical features, name of manufacturers, serial numbers(s).
(e)
A floor plan of the business premises intended to be used for the housing of automatic amusement devices for play by members of the public. For the purpose of this subsection, the term "business premises" shall include the entire building or structure housing said automatic amusement devices, and open for public access. Said floor plan shall clearly indicate the total square foot area of said business premises and shall indicate the intended position of said automatic amusement devices. The scale of said plan shall be established by regulation of the licensing authority.
(f)
An approved certificate of occupancy issued by the building inspector for the business premises intended to be used for the housing of automatic amusement devices for play by members of the public.
(g)
A certificate of approval issued by the town electrical inspector verifying that the electrical installation in said premises is adequate for the uses intended and is in conformance with the Massachusetts Electrical Code (Form FPR-11) as amended.
(h)
The names and residential addresses of all persons who have any equitable interest in, or who have otherwise contributed valuable consideration to the applicant’s business or to the applicant personally, insofar as said interest or consideration relates to the procurement, maintenance, operation or display of automatic amusement devices.
(i)
Documentation sufficient to provide that the automatic amusement devices sought to be licensed are lawfully in the possession of the applicant.
6-301.5.
Age of Applicant. No license shall be issued to any applicant unless he or she shall be over 20 years of age, and provide proof of United States citizenship or legal residence status as an alien. This provision shall similarly apply to any applicant acting as the authorized agent of a corporation, partnership, association or other business entity.
6-301.6.
The licensing authority shall conduct a public hearing in accordance with the provisions of MGL Chapter 39, Section 23B, within 30 days from the date of receipt by the licensing authority of a properly completed application as set forth above, to consider said application.
The licensing authority shall grant a license under the provisions of this By-law unless it specifically finds and states in writing within 30 days from the date of said public hearing that (a) the applicant is not a person of good moral character, or (b) that the granting of said license at the premises intended would lead to the creation of a nuisance or otherwise endanger the public health, safety, morals, order or general welfare by:
(1)
Unreasonably increasing pedestrian or vehicular traffic in the area in which the premises are located, or
(2)
Increasing the incidence of illegal or disruptive conduct in the area in which the premises are located, or
(3)
Unreasonably increasing the level of noise in the area in which the premises are located, or
(4)
Otherwise significantly harming the legitimate protectable interests of the affected citizens of the town.
No application shall be denied if the anticipated harm is not significant or if the likelihood of its occurrence is remote. |
6-301.7.
License Fee. Every applicant before being granted a license shall pay $100.00 as the annual license fee for the privilege of operating or maintaining for operation each automatic amusement device as defined in Section 6-301.1. The license fee shall be prorated based on the date of issuance. Each license shall expire on December 31st and may automatically be renewed upon payment of the annual licensing fee. A license shall not be transferable from person to person or place to place, and shall be usable only at the place and by the person designated in the license.
A license may be transferred from one device or devices to another similar device or devices upon application to the licensing authority to such effect and the giving of a description and the serial numbers of the devices involved in the transfer.
If the place of business of the licensee shall move to another location within the Town of Southbridge, the license may be transferred to such new location only upon reapplication to the licensing authority in accordance with the provisions of Sections 6-301.4, 6-301.5 and 6-301.6 of this By-law. No new licensing fee need be paid upon transfer.
6-301.8.
Display of License. The license herein provided for shall be posted permanently and conspicuously in the premises wherein said device or devices are to be operated or maintained to be operated.
6-301.9.
Revocation of License. Every license issued under this By-law 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 automatic amusement device contrary to the provisions of this By-law, the By-laws of the Town of Southbridge, or the laws of the Commonwealth of Massachusetts after written notice to the licensee, which notice shall specify the By-law 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 the licensee. At such hearing the licensee and his attorney may present and submit evidence of witnesses in his defense.
6-301.10.
Seizure and Destruction of Device. If the chief of police shall have reason to believe any mechanical device or devices are used as gambling devices, he shall, upon a validly issued search and seizure warrant cause said device or devices to be seized and impounded and if upon trial of the exhibitor for allowing said device or devices to be used as a gambling device, said exhibitor be found guilty, such device or devices shall be destroyed by the police, upon proper order by the court. However, if the device has been leased and the lessor has not been found guilty of any criminal violations, said device shall be returned to the lessor.
6-301.11.
Prohibitions.
(a)
No person holding a license under this By-law nor any employee or agent of such person shall permit persons under 20 years of age to play or operate any automatic amusement device located in an establishment also holding a license under the provisions of MGL Chapter 138, Sections 12 to 14, unless said person is accompanied by a parent. The licensee shall post permanently and conspicuously at the location of the device or devices so licensed in premises so licensed, a sign warning persons less than 20 years of age of this prohibition.
(b)
All automatic amusement devices situated on business premises for play by members of the public shall be so installed as to afford an open and accessible space of 18 inches between each device and any adjacent device. Each device shall be installed in such manner as to afford a direct and unobstructed means of entrance and exit from the business premises by means of a corridor or system of corridors of no less than 36 inches in width.
(c)
Any business establishment which utilizes more than a total of 150 square feet of open and accessible space between said devices and for use as corridors between or adjacent to said devices as detailed in the immediately preceding paragraph, or any business establishment which displays on its premises a number of automatic amusement devices available for play by the public, which devices if played simultaneously could accommodate an aggregate of fifty or more players, shall be deemed a place of public assembly and shall be subject to all regulations of the Commonwealth of Massachusetts State Building Code governing places of public assembly as set forth herein.
(d)
It shall be unlawful for any licensee or permit holder to operate any establishment without an attendant on the premises; that is at least one employee in attendance at all times.
(e)
In establishments not included under Section 6.301.11(a) it shall be unlawful for a licensee to allow any person under the age of 18 years of age to play an automatic amusement device during the hours of 8:00 A.M. to 3:00 P.M. when that person’s school is in session.
(f)
All suppliers or distributors of automatic amusement devices shall notify the licensing authority in writing prior to installation of an automatic amusement device in any establishment in the Town of Southbridge.
6-301.12.
Rules and Regulations of Licensing Authority. The licensing authority shall issue rules and regulations for the use of such automatic amusement devices, but said rules and regulations may only relate to compliance with applicable laws or By-laws, or to public safety, health order or welfare, or to steps required to be taken to guard against creation of a nuisance or to insure adequate safety and security for patrons or the affected public. The licensing authority may also require from time to time the furnishing of reports concerning the ownership of such devices or other interest therein, and any other information which it may deem pertinent concerning such devices and their use and operation.
6-301.13.
Operation. Any person, firm or corporation violating any of the provisions of this By-law, in addition to the revocation of his or its license, shall be liable to a fine or penalty of not less than $50.00 nor more than $200.00 for each offense. Every day that the offense continues shall be considered a separate violation. Violations of this by-law shall be enforceable through non-criminal disposition pursuant to G.L. c.40, §21D and Section 1-111 of the By-laws, and for such purposes, Schedule of Penalties A through C shall be applicable.
6-301.14.
Separability of Provisions. It is the intention of the town council that each separate provision of this By-law shall be deemed independent of all other provisions herein, and it is further the intention of the town council that if any provision of this By-law be declared invalid, all other provisions thereof shall remain valid and enforceable.
(Article XVI, Regulations for Automatic Amusement Devices)