Town of Sykesville, MD
Carroll County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Sykesville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal infractions — See Ch. 1, Art. I.
Curfew — See Ch. 75.
[Adopted 11-9-1982 by Ord. No. 128]
As used in this article, the following terms shall have the meanings indicated:
COIN-OPERATED GAMING MACHINE
A machine operated by the insertion of a coin, slug or disc token. Such machine or machines dispense or are used or are capable of being used or operated for amusement or pleasure, or when such machines are operated for the purpose of dispensing or affording skill or pleasure or any other purpose other than the dispensing or vending of merchandise or music or service exclusively as those terms are defined in the ordinance. The following are expressly included within said terms: marble machines, marble table machines, marble shoot, pinball machines, skill ball, miniature racetrack machines, miniature football machines, miniature golf machines, miniature bowling machines and all other coin-operated gaming machines which dispense or afford skill or pleasure. This definition does not include coin-operated pool tables.
COIN-OPERATED SERVICE MACHINES
All machines or devices which dispense services or merchandise only and are not for skill or pleasure.
OPERATOR
Proprietor, lessee, or employee who is in direct control of the premises where coin-operated machines are located and who had filed with the Town Manager.
[Amended 6-11-2007 by Ord. No. 268]
OWNER
Any persons, individual, firm, company, association or corporation owning or having the care, control, management, or possession of any such coin-operated gaming machines in the Town of Sykesville, Maryland.
PREMISES
A building, or any part of a building where coin-operated gaming machines are located.
A. 
No person shall maintain, display for public patronage or otherwise keep for operation by the public any coin-operated gaming machine without first obtaining a license issued under the terms and conditions of this article.
B. 
No license is required for any individual to own, maintain, or offer for use to the public any coin-operated pleasure or amusement machines designed exclusively for use by children under the age of 10 years, such as coin-operated riding machines and other related coin-operated machines.
C. 
No machine shall be licensed if it is to be located on a second floor or below ground level, and all machines shall be visible from the street or outside the premises as determined by the Zoning Administrator.
D. 
No license shall be issued for any temporary structures outside of a building, or for any mobile trailer specifically designed for display or use for the public.
E. 
At all times during the hours of operation of the licensed premises, there shall be present one of the operators who has filed the required application information with the Town Manager and is at least 18 years of age in order to provide adequate control and supervision of the licensed premises and the use of coin-operated amusement devices present therein.
[Amended 6-11-2007 by Ord. No. 268]
F. 
Upon a change of an operator conducting business for the licensee, the licensee shall appear before the Town Manager or give the Town Manager written notice, by registered or certified mail, of a change of operator. The licensee shall provide the information concerning the new operator on the form provided by the Town Manager. After the new operator has met all the requirements of this article, approval or denial by the Zoning Administrator will follow within 10 regular working days.
[Amended 6-11-2007 by Ord. No. 268]
Licenses issued under this article:
A. 
Become effective upon approval of application and payment of fee.
B. 
Are annual licenses which expire one year from the date of issuance, unless suspended or canceled earlier.
C. 
Vest no property right in the licensee except to maintain, display for public patronage, and permit the use for skill or pleasure of coin-operated gaming machines in accordance with the terms and conditions of this article.
[Amended 9-27-2004 by Ord. No. 247]
A. 
Every owner who owns, controls, possesses, exhibits, displays, or who permits to be exhibited or displayed in this Town any coin-operated gaming machine shall pay for, and there is hereby levied on each coin-operated gaming machine, an annual license fee of $100 and $50 each additional machine.
B. 
No part of any license fee shall be refundable for any portion of the licensed year.
C. 
A fee for processing an application shall be $15, paid at the time of application, which is not refundable. Upon approval, the processing fee shall be credited toward the license fee.
D. 
The fee for a special license (§ 48-20) shall be $25 per machine for each day in use.
E. 
The fee for a replacement license shall be $10.
[Amended 9-27-2004 by Ord. No. 247]
Gas meters, pay telephones, food vending machines, confection-vending machines, merchandise-vending machines, beverage-vending machines, cigarette-vending machines, stamp-vending machines and service coin-operated machines, as that term is defined, are expressly exempt from the fee levied herein.
The license shall be permanently and conspicuously posted at the location of the coin-operated gaming machines in the premises wherein said machines are to be operated or maintained to be operated during the period for which said license was issued.
[Amended 6-11-2007 by Ord. No. 268]
A. 
An applicant for a license under the provisions of this article shall file with the Town Manager (or any other staff member who may be designated by the Town Manager) a written application on a form provided for that purpose which shall be signed by the applicant, who shall be the owner of the business sought to be licensed. A separate application must be filed for each location sought to be licensed. The following information shall be supplied by the applicant:
(1) 
Name, including the trade name by which the applicant does business, address, and the telephone number of the applicant and if incorporated, the registered name, and the street address of the premises.
(2) 
Name, address, and telephone number of the operators of the premises to be licensed.
(3) 
Number of coin-operated amusement devices in the premises to be licensed and serial numbers of each machine.
(4) 
Whether a previous license of applicant, or if applicant is a corporation, corporate officer of applicant, has been revoked or denied within two years preceding filing of the application.
(5) 
A statement that all the facts contained in application are true.
(6) 
Any other information deemed relevant or necessary by the Zoning Administrator.
B. 
Names of all individuals, persons who at any time will be the operator of the premises must be included on the application forms provided by the Town Manager (or any other staff member who may be designated by the Town Manager).
The Zoning Administrator shall refuse to approve issuance or renewal of a license for one or more of the following reasons:
A. 
A false statement as to a material matter in an application for a license.
B. 
Revocation of a license, pursuant to this article, of the applicant or corporate officer of the applicant within two years preceding the filing of the application.
C. 
The applicant for such licenses has, within the past 10 years, been convicted of a crime involving moral turpitude.
The Zoning Administrator shall not issue or renew a license under this article and shall suspend or cancel a license if it be determined that the applicant or license is indebted to the Town for any fee, costs, penalties, or delinquent taxes.
[Amended 6-11-2007 by Ord. No. 268]
A replacement license may be issued for one lost, destroyed, or mutilated, upon application on a form provided by the Town Manager (or any other staff member who may be designated by the Town Manager). A replacement license shall bear the same number as the one it replaces and shall have the word "replacement" appear on the front of the license.
A license issued under the provisions of this article shall not be assignable or transferable.
No licensee, by himself, directly or indirectly, or by any operator, agent or employee shall:
A. 
Permit any indecent, immoral or profane language, or indecent, immoral, or disorderly conduct.
B. 
Permit the licensed premises to become a resort for disorderly persons of any type.
C. 
Permit gambling or the use, possession, presence of gambling paraphernalia in the premises. The winning of anything of value as a result of the operation of a machine shall constitute gambling. However, the winning of a prize that does not exceed $100 in value in a scheduled tournament shall not constitute gambling.
D. 
Permit intoxicated persons to loiter on the premises.
E. 
Permit any violation of Chapter 75, Curfew.
F. 
Permit the possession or use of any alcoholic beverage on the premises, nor shall the licensed premises be accessible in any way to anywhere alcoholic liquor is kept, sold, distributed, or given away. This provision shall not apply while a liquor license is in effect at the licensed premises.
G. 
Permit the possession or use of any unlawful drug or narcotic, including marijuana, on the premises.
H. 
Permit unusual noise or music to emerge from the licensed premises.
I. 
Permit littering around exterior of the said premises.
A licensee herein shall provide sufficient bicycle storage racks so as to adequately provide for the storage of bicycles utilized by patrons of the permitted premises if such racks be needed as determined by the Zoning Administrator.
If any individual, company, corporation, or association who owns, operates, exhibits, or displays any coin-operated gaming machines in the Town of Sykesville shall violate any provision of this article, the Zoning Administrator shall have the power and the authority to cancel all licenses issued hereunder to any of the foregoing by giving written notice, stating the reason justifying such cancellation, and the same shall be canceled 10 days from the date of such notice. No license shall be issued within a period of one year to anyone whose license has been canceled, except at the discretion of the Board of Zoning Appeals.
If the Zoning Administrator refuses to approve the issuance of a license or the renewal of a license to the applicant, or cancels a license or the renewal of a license to an applicant, or cancels a license issued under this article, this action is final unless the applicant or licensee, within 30 days after the receipt of written notice of the action, files a written appeal with the Zoning Administrator and with the Board of Zoning Appeals. The Board will consider all the evidence in support of or against the action appealed, and render a decision, either sustaining or reversing the action.
No skill or pleasure coin-operated machines in an arcade shall be permitted to be placed within 300 feet of any church, hospital, nursing home, public library, or school in the Town of Sykesville.
Any owner who desires a license for the operation of more than three coin-operated gaming machines in one specific location shall be subject to all requirements of Chapter 180, Zoning, and shall if determined by the Zoning Administrator provide bicycle racks.
The premises in which such coin-operated gaming machines are located may be entered upon by the Zoning Administrator at any time during normal business hours for the purpose of inspecting said premises for violations of the terms of this article. All law enforcement personnel with jurisdiction shall have the right to enter into said premises at any time during normal business hours for the purpose of enforcement of the terms of this article.
Nothing herein shall be construed to have the effect to license, permit, authorize, or legalize any machine, device, table, or coin-operated gaming machine, the keeping, exhibition, operation, display or maintenance of which is now illegal or in violation of any ordinance of the Town of Sykesville, any article of Penal Code of this state, or of the Constitution of the state.
A. 
A special license may be granted to a premises already having licensed machines to install additional machines for special event, such as follow:
(1) 
That the premises are being used for holding of a tournament.
(2) 
The annual festival.
(3) 
Special event, as determined by the Zoning Administrator.
B. 
The Zoning Administrator shall determine the maximum number of machines allowed on the premises.
Any licensee may substitute one machine for a similar machine, by applying to the Zoning Administrator for permission to make the exchange and supplying all the information required for a substitute license. The new machine shall be described in the license as a substitute machine. A filing fee of $10 is levied for a license on a substitute machine.
[Amended 9-27-2004 by Ord. No. 247]
A violation of any of the provisions of this article shall constitute a Class C municipal infraction as provided in Chapter 1, Article I, Municipal Infractions. Each day in which a violation occurs or continues shall constitute a separate offense and a Class C municipal infraction.