[HISTORY: Adopted by the Town Council of the Town of Smithfield 5-25-1982, as amended 1-25-1983 (Ch. 4, Art. II, of the 1985 Code of Ordinances). Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Smithfield Coin-Operated Amusement Device Ordinance."
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any place of business or establishment containing two or more coin-operated amusement devices.
- COIN-OPERATED AMUSEMENT DEVICE
- Any mechanical or electrical device which provides amusement or entertainment, which may be operated or set in motion upon the insertion of a coin or token. This definition shall not include jukeboxes, telephone devices or machines that sell merchandise.
- Any proprietor, lessee, manager or employer of any coin-operated amusement device arcade or business.
- Any building, or a part of a building, where coin-operated amusement devices are located, under the ownership or control of the operator.
- PRIMARY BUSINESS
- That business conducted on the premises that produces more than 90% of the gross income produced annually by all forms of business conducted on the premises.
- Any educational institution, public, private, secular or parochial, which offers instruction of high school grade or below, but not to include nursery or pre-elementary.
Each operator or licensee under this chapter shall, at all times, open every portion of the licensed premises for inspection by the Police Department and other Town departments for the purpose of enforcing any provisions of this chapter.
Each operator or licensee shall, at all times, display the license granted hereunder in a conspicuous place near the entrance to the licensed establishment.
Each operator or licensee shall have present on the premises, or on such portion of the premises where the arcade is located, as the case may be, at least one adult operator at all times that the premises are open to the public who has not been convicted of a crime involving moral turpitude and who has been so certified by the Smithfield Police Department.
The operator or licensee shall not open the licensed premises for business between the hours of 11:00 p.m. and 7:30 a.m. (local time). Provided, however, the premises may be open for business during the aforesaid hours on the granting of a special permit by the Chief of Police upon the showing of the licensee that:
No arcade operator or licensee, by himself, directly or indirectly, or by any servant, agent or employee, shall:
Permit any indecent, obscene or profane language, or indecent, disorderly or other unlawful conduct;
Permit the licensed premises to become a resort for disorderly persons of any type;
Permit gambling or the use, possession or presence of gambling paraphernalia in the premises. The winning of anything of value as a result of the operation of a coin-operated amusement device shall constitute gambling. However, the winning of a prize that does not exceed $100 in value in a scheduled tournament shall not constitute gambling;
Permit intoxicated persons to loiter on the premises;
Permit any persons under the age of 17 years to be upon the premises during the hours of 12:00 midnight through 7:30 a.m. (local times) unless accompanied by a parent or legal guardian;
Permit any persons under the age of 18 years to be upon the premises during the hours of 7:30 a.m. through 2:30 p.m. (local time) on such days as any school within the school district where the premises are located is open for regular school attendance;
Permit the possession or use of any unlawful drug or narcotic, including marijuana, on the premises; or
Permit noise or music to emerge from the licensed premises.
Editor's Note: State law references - Gambling and lotteries, G.L. 1956, § 11-19-1 et seq.; games of chance, G.L. 1956, § 11-50-1 et seq.; alcoholic beverages, G.L. 1956, Title 3.
No arcade shall be established, maintained or conducted in the Town by any person without first obtaining a license to operate such place from the Town Council, and no operator shall allow or permit the use of two or more coin-operated amusement devices unless an arcade license for such use shall have been obtained from the Town Council.
Every person desiring to obtain a license for an arcade as required by this chapter shall file a written application to the Town Clerk on forms approved by the Town Clerk, together with an application fee of $200 or such fee as is hereafter provided by resolution of the Council. The application shall include the following information:
The applicant's age, correct name, post office address and residence;
The length of time the applicant has resided within this state, and where, and the applicant's places of residence for the past five years immediately before the time of such application;
Whether or not the applicant has ever been convicted of any crime involving a controlled substance, alcohol, minors or any offense involving moral turpitude; and
At least two references of reputable citizens of the community wherein the applicant has last resided within this state, and the written recommendations of at least two citizens of such community respecting the applicant's moral character.
The applicant shall specify in such application the type of business and the exact location of the premises for which a license is requested.
In case the applicant for such license is a corporation authorized to do business in this state, the application shall be made by the agent of such corporation who will have principal charge of the premises established, and such application shall contain all of the statements and furnish all the facts and recommendations in respect to such agent as are required in the case of an individual. Such license to a corporation shall be revocable upon the occurrence of a change in the agent so managing such premises, and a new license may be required by the Town Council before any new agent shall take charge of such premises for such corporation.
In case of a partnership, each active partner in such business shall join in the application for such license, and shall furnish all of the information and recommendations required of an individual applicant.
Such application shall also contain a diagram with dimensions of the premises on which the business will be conducted, showing the location of each coin-operated amusement device on the premises, and each exit from the premises.
Every such application shall be accompanied by the fee as herein specified, payable to the Town Clerk.
Before any arcade license shall be issued, investigation of the applicant and inspection of the premises shall be made by the Building Official, Fire Marshal, Police Department and such other Town departments or agencies as may be deemed necessary to determine whether the applicant and the premises fully comply with all pertinent ordinances and regulations. Before any arcade license may be recommended for approval by such Town departments or agencies, the Police Department and such other agencies or departments as are deemed necessary shall determine whether the applicant is providing sufficient off-street parking and sufficient aids and regulations whereby vehicular traffic shall not constitute a nuisance or danger. For a standard for such determination, minimum off-street parking facilities shall be the same as required by the Zoning Ordinance of the Town with additional facilities for general peak load parking requirements of the business being operated. Before the Fire Marshal approves the same, he must determine whether the premises, and the location of the coin-operated amusement devices therein, permit safe ingress and egress.
No license shall be issued under this chapter:
Where the individual operator, managing agent of a corporation, or active partner has been convicted of a crime involving a controlled substance, alcohol, minors or a crime involving moral turpitude;
For any premises, unless the applicant files an approval of the application in writing signed by more than 60% of:
For any premises that are located within 1,000 feet of any school building attended by students below the age of 16 years of age (the measurement shall be made from front door to front door);
For any premises that do not provide space for safe ingress and egress in such premises;
For any premises that have living quarters with direct entry to the premises;
For any premises where the primary business conducted on the premises is not an arcade. This provision shall not apply to any hotel, motel or recreational premises such as bowling alleys, or skating rinks, where an arcade, as herein defined, is customarily incidental to the primary business. The existence of such custom is a question of fact to be determined by the Town Council;
For any premises within 3,000 feet of an arcade (the measurement shall be made from front door to front door of the premises); or
Whenever the Council shall find that the denial of such license is necessary for the protection and conservation of the character and social and economic stability of the surrounding area.
The Town Council upon receiving an application for a license under this chapter, if presented in due form, shall pass upon the same at its next regular meeting or any adjournment thereof, and, if satisfied that such application possesses the qualifications herein prescribed and said premises conform to the requirements hereof, shall grant such license to the applicant for a term expiring on the 31st day of December of each year. All such licenses shall be in such form as the Town Council may prescribe and shall contain the name, address, place of business, the number of coin-operated amusement devices on the premises and the date of expiration of said license and shall be authenticated by the signature of the Town Clerk.
The license shall be issued to a specific person, firm or corporation for a specific location.
The fee to be paid upon the granting of licenses issued under this chapter shall be $200 plus $10 for each coin-operated amusement device on the premises, or such fee as is set by resolution of the Town Council.
No place of business or establishment in the Town shall place, maintain or locate a coin-operated amusement device on its premises without first having obtained a license from the Town, and no operator shall allow or permit the use of a coin-operated amusement device unless a license for such use shall have been obtained from the Town Clerk.
Every person desiring to obtain a license as required by this section shall file a written application to the Town Clerk on forms approved by the Town Clerk, together with an application fee of $20 per machine payable to the Town Clerk, or such fee as is hereafter provided by resolution of the Town Council. The applicant shall provide the following information: The applicant's name and post office address and the name and post office address of the business where the pinball machine is to be located. In case the applicant is a corporation, the application shall be made by the agent of the corporation who will have principal charge of the premises established. In case of a partnership, each active partner in such business shall join in the application for such license. Each application shall also contain a diagram, with dimensions of the premises in which the business will be located, showing the location of the coin-operated amusement device and each exit from the premises.
Before any such license shall be issued:
Inspection of the premises shall be made by the Building Official; and
The Building Official shall determine whether the applicant is placing the coin-operated amusement device in such a location so as not to constitute a nuisance or danger and so as to permit safe ingress to and egress from the premises.
No coin-operated amusement device shall be moved from an approved location to another location on the premises, unless the operator shall have first obtained the written approval of the Building Official. If, in the discretion of the Building Official, it is necessary to inspect the proposed new location of the device to determine whether such new location constitutes a nuisance or danger, and to determine whether such new location permits safe ingress to and egress from the premises, the operator shall pay an inspection fee of $20 per device, or such other fee as is hereafter provided by resolution of the Town Council, to the Town Clerk to defray the cost of such inspection.
The Town Clerk, upon receiving such application, if presented in due form, and upon being advised by the Building Official that the premises conform to the requirements hereof, shall grant such license to the applicant for a term expiring on the 31st day of December of each year. All such licenses shall be in such form as the Town Council may prescribe and shall contain the name, address, place of business and the date of expiration of said license, and shall be authenticated by the signature of the Town Clerk.
The license shall be issued to a specific person, firm or corporation for a specific location.
The provisions of this section, and each part thereof, are intended to apply only to places of business or establishments having one coin-operated amusement device and do not apply to arcades as that term is defined in this chapter.
Any license issued in accordance with this chapter may be renewed for an additional year upon the same terms and subject to the same requirements as provided herein for an original license. Whenever the holder of such license desires to effect a change of place of doing business, he shall notify the Town Council and make application for a license for such new place in the same manner as in the first instance, excepting that with respect to an arcade license, proof of good character may be dispensed with by the Town Council. No license issued pursuant to this chapter shall be assignable or transferable, nor shall any person excepting the person to which it was issued be permitted to do business thereunder either directly or indirectly.
The Town Council shall have the right to revoke any license under this chapter, once granted, or deny annual renewal thereof when it appears to its satisfaction that any operator or licensee has violated this chapter, any ordinance of the Town or statute of the state with regard to the premises where the coin-operated amusement devices are located, or any other ordinance of the Town or statue of the state or of the United States, involving controlled substances, alcohol, minors or any offense involving moral turpitude.