[HISTORY: Adopted by the Council of the Town
of Wethersfield as Secs. 6-3-1 through 6-3-9 of the Code of 1972.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the respective meanings ascribed to them:
Any person who owns or distributes any such machine.
Any machine which, upon the insertion of a coin, slug or
token or upon payment of a charge, releases balls which are propelled
by a plunger across a board and which registers scores by striking
pins, levers or bumpers or by falling into holes or slots or which,
upon insertion of a coin or slug or the payment of a charge, is operated
to register a score or tally of any kind. It shall include such devices
as pinball or pin-game machines.
Any person in whose place of business any such machine is
placed for use by the public.
A.
Every distributor shall obtain a license from the
Chief of Police for each mechanical amusement device placed in operation
by him.
B.
Every operator shall obtain a license from the Chief
of Police for each mechanical amusement device in operation in his
place of business.
C.
Applications for such licenses shall be made to the
Chief of Police upon forms to be supplied by him for that purpose.
D.
The application for such a license shall contain the
following information, under oath:
(1)
The name of the applicant; if a partnership, the names
of all partners; if a corporation, club or association, the names
of the officers.
(2)
The residence of the applicant.
(3)
The age of the applicant; if a corporation, club or
association, the date organized and under the laws of what state.
(4)
The type of business or activity.
(5)
Whether the applicant or, if a corporation, club or
association, the officers have ever been convicted of a crime.
(6)
The place where the machine or device is to be displayed
or operated and the business or activity conducted at that place.
This shall apply only to the operator.
(7)
The description of the type of machine to be covered
by the license.
The Chief of Police shall investigate the character
and record of the applicant and the location wherein it is proposed
to operate the machines described in the application and shall not
approve said application or issue a license unless he finds that the
applicant is over 21 years of age and is a person of good moral character
and that the business or activity in such location is a bona fide
and lawful one. In any case of the denial or refusal to grant or renew
a license, the Chief of Police shall notify the applicant of his proposed
action and set a day and place for a hearing thereon, giving the applicant
reasonable notice in advance thereof and an opportunity to be represented
by counsel at such hearing.
A.
A license shall be issued by the Chief of Police in
the name of each applicant. Annual license fees shall be paid for
each machine licensed under this chapter as follows:
[Amended 6-18-1990]
B.
The license fees shall become due on the first day
of July in each year or on the date on which each machine is first
placed in operation. In the former case, the license fee shall be
reckoned for the year; in the latter case, proportionately from the
first day of the month in which the machine is placed in operation
to and including the 30th day of June following.
The licenses herein provided for shall be posted
permanently and conspicuously at the location of the machine or device
in the premises wherein the machine or device is to be operated or
maintained.
A.
Such license may be transferred from one machine or
device to another similar machine or device without the necessity
of making application therefor. Not more than one machine or device
shall be distributed, displayed or operated under one license, and
a separate license shall be required for each machine or device so
displayed, distributed or operated; provided, however, that the maximum
fee for all such machines or devices placed in any one establishment
or place of business for the use of the public shall be $100 per annum,
irrespective of the number of such machines or devices so placed and
operated therein.
B.
Each applicant shall notify the Chief of Police promptly of any change in the ownership of his place of business or any other change in the information set forth in the original application. In the event of a sale or transfer of the business of the operator, a new license must be obtained. Any distributor may be permitted, at the discretion of the Chief of Police, to file with him the information required under § 53-2D and may thereafter not be required to furnish such information upon the signing of each separate application, but such distributor shall notify the Chief of Police promptly of any change in such information.
The Chief of Police shall have the power to
revoke any license issued hereunder for cause, after due notice, in
writing, to the licensee and a hearing to be held not less than 10
days after the date of such notice. Cause shall be deemed to include,
but shall not be limited to, conviction of a crime involving moral
turpitude subsequent to the issuance of the license, false information
in the application for a license knowingly given or any violation
of this chapter.
Nothing in this chapter shall in any way be
construed to authorize or permit any gambling device whatsoever or
any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law.
[Amended 3-20-1995]
Each operator and each servant, agent and employee
of each operator shall maintain good order in his place of business
and not permit any such mechanical amusement device to be used for
gambling. No operator of any mechanical amusement device and no servant,
agent or employee of any such operator shall harbor in his place of
business persons under 18 years of age or allow them to congregate
therein or play any such machines or devices unless accompanied by
their parents or guardians. The provision herein stated related to
parental accompaniment may be waived for any operator having been
granted a special permit as defined under Article XXXII of the Zoning
Ordinance of the Town of Wethersfield.
