Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Indoor and outdoor entertainment — See Ch. 115.
Fee schedule — See Ch. 121.
Licensing — See Ch. 158.
Special one-time events — See Ch. 221.
[Adopted 8-13-1991 by Ch. No. 983 as §§ 7-81 through 7-83 of the 1991 Code (as amended through Ch. No. 1148)]

§ 72-1 License required; approval; appeals.

[Amended 10-25-2004 by Ch. No. 1516]
A. 
No person shall maintain, operate or conduct any amusement, including but not limited to a merry-go-round, whip, bumper car, kiddy ride, airplane ride, Ferris wheel, or similar or like amusement device, or motorized vehicles, watercraft, or any other rental-for-profit endeavor on land or water, water slide, batting cage, miniature golf, bowling alley and roller-skating rinks, unless such person shall have first obtained a license in accordance with § 158-2.
[Amended 4-12-2010 by Ch. No. 1712]
B. 
All licenses granted pursuant to the provisions of this article are subject to approval of proper authorities as specified in § 158-3.

§ 72-2 License fees; expiration.

[Amended 4-12-2010 by Ch. No. 1712]
A. 
The license fee for maintaining, operating or conducting any such amusement shall be as specified in Chapter 121, Fees.
B. 
All licenses granted hereunder shall expire in accordance with § 158-8.

§ 72-3 Application.

[Amended 4-12-2010 by Ch. No. 1712]
In addition to the requisite information, the application for such license shall indicate the number and types of amusements to be maintained, operated or conducted. Proof of insurance shall accompany the application.

§ 72-4 Violations; penalties; enforcement.

[Amended 4-12-2010 by Ch. No. 1712]
A. 
Any person who shall violate any provision of this article shall be guilty of an offense against the Town punishable as provided in Chapter 1, Article II, General Penalty.
B. 
All members of the Police Department are authorized to enforce the provisions of this article.
[Adopted 8-13-1991 by Ch. No. 983 as §§ 7-101 through 7-112 of the 1991 Code]

§ 72-5 Definitions.

As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT MACHINE OR DEVICE
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. Also included within this definition are coin-operated mechanical or electronic musical devices which are commonly referred to as “jukeboxes.”
DISTRIBUTOR
Any person, firm, corporation, partnership or association who sets up for operation by another any device as herein defined, whether such setting up for operation, leasing or distributing is for a fixed charge or retail or on the basis of a division of the income derived from such device, or otherwise.
PROPRIETOR
Any person, firm, corporation, partnership, association or club who or which, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.

§ 72-6 License required.

[Amended 4-12-2010 by Ch. No. 1712]
No person, firm or corporation shall engage in the business of a distributor or proprietor of coin-operated amusement devices, as the terms are herein defined, without first having obtained a license in accordance with § 158-2.

§ 72-7 License fees; expiration.

[Amended 5-10-2004 by Ch. 1490; 4-12-2010 by Ch. No. 1712]
A. 
The license fee for each distributor and each proprietor shall be as specified in Chapter 121, Fees.
B. 
All licenses granted hereunder shall expire in accordance with § 158-8.

§ 72-8 Application for license.

[Amended 4-12-2010 by Ch. No. 1712]
A. 
In addition to the requisite information, the application for such license shall specify the number of devices to be licensed and the trade name, a general description, the serial number and the manufacturer of each such device, as well as a statement of prior arrests or convictions, if any, of each person listed on the application.
B. 
The Licensing Board, before granting any such license to a proprietor of three or more coin-operated devices, shall hold a public hearing, notice of which shall be given by advertising once a week for at least two successive weeks in a newspaper of general circulation in the Town. The notice shall contain the name of the applicant, the location for which the license is required, the date, time and place of the hearing, and shall state that remonstrants are entitled to be heard. The expense of such advertising shall be borne by the applicant. The provision for a public hearing shall not apply to licenses for less than three coin-operated devices or to existing licenses or to renewals of licenses.
C. 
No license shall be issued to any applicant unless he/she shall be over 18 years of age.

§ 72-9 Approval.

[Amended 4-12-2010 by Ch. No. 1712]
All licenses granted pursuant to the provisions of this article are subject to approval of proper authorities as specified in § 158-3.

§ 72-10 (Reserved) [1]

[1]
Editor’s Note: Former § 72-10, Approval or denial of application, was repealed 4-12-2010 by Ch. No. 1712.

§ 72-11 Evidence of ownership of devices.

[Amended 4-12-2010 by Ch. No. 1712]
Any proprietor who owns such device shall file with the Clerk evidence of such ownership prior to the issuance of a license.

§ 72-12 Use of license.

[Amended 4-12-2010 by Ch. No. 1712]
A. 
The license number assigned to each coin-operated device of a distributor shall be permanently affixed to the device so that it can be easily ascertained.
B. 
All licenses issued to proprietors and distributors shall be nonassignable and nontransferable.

§ 72-13 Gambling and general good order; noise; change in application information; cooperation with enforcement personnel.

A. 
The proprietor shall not permit any person to bet or gamble on the licensed premises.
B. 
The proprietor shall at all times maintain good order and shall not permit any disturbances, congestion or loitering upon the licensed premises. The Director of Public Safety shall determine whether and to what extent additional police protection will be required for the event or entertainment area for purposes of traffic, crowd control and security. In making this determination, the Director of Public Safety shall consider those factors set out in the application for permit. If additional police protection for the event is deemed necessary by the Director of Public Safety, he shall so inform the applicant for the permit. The Director of Public Safety shall provide the number of police officers determined to be necessary. All police officers so assigned or provided shall be at the sole expense of the applicant.
C. 
No music machine shall be operated in a manner to be heard out of doors.
D. 
No licensed premises shall be without adequate sanitary facilities located and installed on licensed premises nor contain any fire, safety or health hazard.
E. 
Each distributor or proprietor shall, within five days, report in writing to the Clerk any change by addition or deletion of the information furnished on the license application during the term of any license or renewal thereof.
F. 
No distributor or proprietor shall refuse to cooperate fully with the Clerk and any law enforcement officer or agency.

§ 72-14 (Reserved) [1]

[1]
Editor’s Note: Former § 72-14, Enforcement, was repealed 4-12-2010 by Ch. No. 1712.

§ 72-15 Revocation of license.

A. 
Every license issued under the provisions of this article is subject to revocation by the Licensing Board for the violation of any of the provisions of this article. Any material misstated or omitted in the license application shall constitute grounds for revocation. The revocation shall occur only after a hearing.
[Amended 4-12-2010 by Ch. No. 1712]
B. 
The licensee shall be given 10 days’ notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing the licensee may submit pertinent information on his own behalf.

§ 72-16 Violations and penalties.

A. 
Any person violating any of the provisions of this article, in addition to the revocation of his license, shall be punished by a fine not exceeding $100 or be imprisoned not more than 60 days, and each day of operation of any coin-operated amusement device without a license as provided in this article shall constitute a separate offense.
B. 
Upon such conviction, no licensee shall thereafter transact the business of distributing or operating coin-operated amusement devices in the Town.
C. 
All members of the Police Department are authorized to enforce the provisions of this article.
[Added 4-12-2010 by Ch. No. 1712]