[HISTORY: Adopted by the Town of Derry 6-1-1983. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
MECHANICAL AMUSEMENT DEVICE
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. It shall include, but not be limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, and all games, operations or transactions similar thereto under whatever name they may be designated or described, excepting only jukeboxes or other coin-operated machines used solely for the reproduction of music.
PERSON
Includes any person who owns any mechanical amusement device, the person in whose place of business any mechanical amusement device is placed for use by the public, and the person having control over any mechanical amusement device.
No person shall permit persons under the age of 16, 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 licensed under this chapter between the hours of 8:00 a.m. and 2:30 p.m. on days on which public schools are in session.
[Amended 9-15-2023]
Each person shall, before allowing the operation of a mechanical amusement device on his premises, and annually on or before the first day of January thereafter, obtain from the Town Council a license to operate the device or devices and shall, for each license pursuant to this section, pay a fee of $40 per machine per year.
Each license issued under § 16-3 of this chapter shall commence on the date of issue and shall expire on December 31 of each year. The license shall be issued in the name of the person who owns, leases, or rents the premises in which the machines are located. The license shall be evidenced by a certificate stating the number of machines licensed which shall be posted in a conspicuous location in the place where the machines are located. In the event one owner has two or more addresses at which machines are located, a separate certificate shall be issued for each address.
If the Chief of Police, or his duly appointed representative, upon investigation, has reason to believe that any premises containing mechanical amusement devices licensed under this chapter is a public nuisance, the person so licensed shall be ordered to appear before the Town Council within 30 days of written notice by certified mail specifying the nature of the charge. If it is determined that a public nuisance does exist, the Town Council may revoke the license(s). The meaning of "public nuisance" shall include but not be limited to the following:
A. 
Nuisance as defined in RSA 544:1.
B. 
Common nuisance as defined in RSA 318-B:16.
C. 
Repeated violations of law which are against the interest of the public health, safety, and welfare.
The Town Council shall have copies of this chapter printed and distributed to each licensee. Each establishment operating a mechanical amusement device shall post a copy of this chapter in a conspicuous place.
Any person who allows the operation of a mechanical amusement device on any premises owned by him or under his control without a license having been issued therefor under this chapter shall, upon conviction, be fined a sum of $100 per such machine. Any person who allows a person under 16 to enter his premises, unless in compliance with § 16-2 of this chapter, shall be guilty of a violation.