[Adopted 4-4-1978 by Doc. 73 (Ch. 104, Art. II, of the 1980 Code)]
The City Council of the City of Haverhill shall be the licensing authority to grant a license to keep and operate an automatic amusement device subject to and in accordance with MGL c. 140, § 177A. The City Council shall require that applications be obtained from the City Clerk, completed by the applicant, submitted to the Chief of Police who shall indicate thereupon a recommendation for approval or disapproval and shall then be placed on the agenda of a regular Council meeting identifying the name of the applicant and the name and address of the location for the amusement device. All applications shall include, but not be limited to the following: the name of the applicant, the name and the address of the premises where the automatic amusement device is to be kept or offered for operation, the name of the vendor of the automatic amusement device and shall state the type of automatic amusement device to which it relates.
As used in this article the following terms shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Construed as meaning 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, including free play pinball machines.
AUTOMATIC AMUSEMENT DEVICES WHICH PRESENT A RISK OF MISUSE AS A GAMING DEVICE
Those devices which have one or more of the following features: the device involves matching random numbers, patterns or cards; the device may not accumulate more than 26 plays; the device may not be equipped with a "knock-off" switch, button or similar device; the device shall have no mechanism for adjusting the odds; the device shall not have a remote control feature that can reset the device from another location; the device shall not be capable of returning money to the player, other than the change for an excess amount put in; each game on the device shall cost exactly the same amount for each player and no player may change any aspect of the game by paying a different amount than any other player before or during the game; and there shall be no metering device that accounts for both money and/or points in and money and/or points out.
[Added 3-21-2006 by Doc. 38]
A. 
Automatic amusement devices shall be classified as follows:
(1) 
Pinball: all pinball machines.
(2) 
Pool: all coin-operated pool tables.
(3) 
Air hockey: all coin-operated air hockey devices.
(4) 
Soccer: all coin-operated soccer devices.
(5) 
Children's ride: all coin-operated children's rides.
(6) 
Other: must have a specific description.
B. 
Each license will describe the type of the coin-operated device and be posted above it.
Licenses granted, unless sooner revoked, shall expire on December 31 of each year. Every such license shall specify the name of the applicant, the name and the address of the premises where the automatic amusement device is to be kept or offered for operation, the name of the vendor of the automatic amusement device and shall state the type of automatic amusement device to which it relates. The license shall cover any automatic amusement device of the same and identical type, as classified in § 104-13 hereof, which as a substitute or replacement for the automatic amusement device licensed may, during the term of the license, be kept or offered on the premise specified.
[Added 7-13-1982 by Doc. 138; amended 9-10-1991 by Doc. 135]
The total number of licenses for any automatic amusement device licensed hereunder, exclusive of children's rides, to be issued and outstanding at any one time within the City shall be no more than 315.
[Added 7-13-1982 by Doc. 138]
No person shall set up and maintain any coin-operated amusement device as defined in this chapter on Sunday, without first obtaining a Sunday license therefor from the City Council.
[Amended 11-17-1981 by Doc. 200; 3-21-2006 by Doc. 38]
No keeper of an automatic amusement device shall suffer or allow any alcoholic beverages to be drunk on the premises unless such keeper is duly licensed to sell alcoholic beverages on the premises by the License Commission of the City of Haverhill as provided by law, nor shall such keeper permit any person under the age of 21 years old to play any automatic amusement device where such keeper is duly licensed to sell alcoholic beverages on the premises by the License Commission of the City of Haverhill as provided by law. No such keeper, nor anyone else, shall permit any gaming for money or other property, allow any slot machines or other machines which are games of chance upon the premises except those machines allowed by law. No such keeper, nor anyone else, shall permit any automatic amusement device which presents a risk of misuse as a gaming device.
[Added 11-17-1981 by Doc. 200]
No keeper of automatic amusement devices, other than a keeper whose premises are that of a tavern, restaurant or cafe, shall suffer or allow the use or operation of automatic amusement devices between the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 3:30 p.m. when the public schools of the City of Haverhill are in session.
[Amended 11-17-1981 by Doc. 200; 7-13-1982 by Doc. 138; 4-8-2003 by Doc. 60]
The annual fee for a license or any renewal thereof for any automatic amusement device licensed hereunder, as classified in this Chapter 104, shall be $100, except for the classification in § 104-13A(5), for which the fee shall be $50. These fees shall apply to all licenses granted for 1982 and thereafter. The annual fee for a Sunday license, or any renewal thereof, for any automatic amusement device licensed hereunder as classified in Chapter 104, § 104-13, shall be $10 per device.
[Amended 7-10-2007 by Doc. 76]
Any transfer from one classification of automatic amusement device to another during a year shall be by application to the City Council and the fee for such transfer, if approved, shall be $10.
[Amended 3-21-2006 by Doc. 38]
A. 
All licenses for automatic amusement devices granted by the City Council shall be subject to inspection by the Police Department to insure conformance with submitted application information and local ordinance provisions.
B. 
Any violation of the provisions of this article shall be as follows:
(1) 
First offense: revocation of all licenses for automatic amusement devices kept or offered for operation on such premises for a period of 30 days.
(2) 
Second offense: revocation of all licenses for automatic amusement devices kept or offered for operation on such premises for a period of one year.
C. 
Where no licenses have been granted, violations shall be considered as a violation of a municipal ordinance and prosecuted as otherwise prescribed and subject to injunctive relief. Any unlicensed automatic amusement devices shall be subject to immediate seizure by the Police Department. In the event of such seizure, said unlicensed automatic amusement devices shall be inventoried and held by the Police Department pursuant to its established policies. Authority for the destruction of said unlicensed or illegal automatic amusement devices may be sought from a court of competent jurisdiction by the Police Department.
These provisions in §§ 104-11 to 104-21 pertaining to automatic amusement devices supersede all previous provisions of Article I in the event that any of the aforesaid provisions are inconsistent with this article, meaning and intending that any previous provisions in Article I shall control unless specifically referred to in this article.