[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel 4-13-1982.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 118.
As used in this chapter, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
Includes the following: any machine, game, table or other device
which is designed, operated, displayed or kept as an amusement game or test
of skill and for the playing of which the person may or may not profit from
such operation and which is operated by the general public for use as a game,
entertainment or amusement, whether or not registering a score. The term does
not include vending machines in which are not incorporated recreation or amusement
features, nor does it include mechanical musical devices or games of chance
or skill operated at and in conjunction with a permitted carnival and/or fair.
It shall include devices such as electronic games, skill ball, mechanical
grab machines, video games and all devices similar thereto under whatever
name they may be indicated.
The Chief of Police of the Town of Bethel and/or his delegatees.
Any person who owns, leases or otherwise sets up for operation any
machine or device regulated herein. The term "distribute or distribution"
shall mean the actual placing of any such device, within the Town of Bethel,
not being used and/or operated by the distributor. A person owning and operating
a machine shall be considered an operator.
Includes the following: any person, firm, business entity, partnership,
corporation or association which owns, leases or distributes amusement devices
housed or to be housed in a premises within the geographical confines of the
Town of Bethel for use by the general public, and any person, firm, business
entity, partnership, corporation or association having control over such devices.
Any building, hall, auditorium, government building, school or place
where an amusement device is to be housed, placed, used or operated, except
that a premises used solely for residential and/or industrial purposes shall
not be included herein and regulated hereunder.
The bona fide belief by the Chief of Police that the applicant as
a licensee has not or would not conform to and operate under the mandates
of this chapter. In forming this belief, the Chief may take into consideration
the applicants previous history as a licensee and/or criminal record. The
Chief may also take into consideration any other information he or his delegatees
learn during the course of the investigation of the application.
The Town of Bethel, State of Connecticut.
The placing for use by the general public, within a premises located
in the Town, of an amusement device by any person. The term "operator" shall
mean any person in whose place of business or premises any such game or device
is placed for use by the general public.
No person without a license from the Town shall distribute, use and/or operate or allow the distribution, use and/or operation of amusement devices or machines, as defined in § 38-1, within a place of business or premises located within the Town of Bethel.
A.
The issuance of such license shall be within the discretion
of the Chief of Police and/or his delegatees within his department. Such license
to distribute, use and/or operate may be for one day, one week, one month
or for any number of months not exceeding one year and shall be issued in
the name of the applicant. All such licenses issued or reissued hereunder
shall run from the date of issuance by the Chief of Police to June 30 of each
year. Such licenses may be renewed any number of times but may not be transferred.
Such Chief of Police and/or his delegatees are authorized to require the applicant,
either for a license or for a renewal of such license or whether for a person
distributing or using and/or operating such devices, to submit evidence as
said Chief shall require to attest to the fitness of the applicant and/or
to show that the operation of same shall not create a nuisance or be detrimental
to the health, welfare or safety of the general public. The applicant must
also submit evidence that all other Town ordinances or regulations, including
but not limited to zoning regulations, have been complied with. Such evidence
shall include at least the following, where applicable:
(1)
The name, address and telephone number of the applicant
and the owner of the device if not the applicant.
(2)
The location and phone number of the premises where the
operated amusement device is to be located.
(3)
The principal kind of business which shall be conducted
on the premises.
(4)
A statement of whether business at the premises will
be conducted by a manager or agent, and the name, address and phone number
of any such manager or agent.
(5)
A diagram showing the number of operated amusement devices
to be located on the premises, the square footage of the premises, the location
of each device on the premises and a description of each device.
(8)
State whether any individual, partner, officer or shareholder
has ever been convicted of any criminal offense in any state or federal court
or has ever forfeited an appearance bond on a felony charge.
(9)
If the business on the subject premises will be conducted
by a manager or agent, state whether the manager or agent has ever been convicted
of any criminal offenses in any state or federal court or has ever forfeited
an appearance bond on a felony charge.
(10)
If the application is for the right to distribute, the
applicant shall list all devices and locations thereof within the Town of
Bethel.
B.
Applications for such license shall be made out in duplicate,
one copy being referred to the Chief of Police and the other copy to be referred
to Bethel's Planning and Zoning Commission. The application shall be investigated
by the Chief of Police and a license or renewal of the same issued or denied
within 21 days upon submission of proof that the licensee has received the
necessary approvals from the Planning and Zoning Commission, if required,
and a state sales tax number, if required. Each applicant for or holder of
a distributor's or operator's license shall notify the Chief of Police promptly
of any change in information set forth in the applications. At the discretion
of the Chief of Police, applications for renewal need only include information
requested by said Chief. No application for a license or renewal shall be
granted unless the applicant and all operators are over the age of majority
and persons of good moral character and the business or activity carried on
in such location is a bona fide and lawful one.
The Chief of Police may, for sufficient cause, deny to issue any of the applications for licenses or renewals herein provided for. Such denials shall be made within the time allowed pursuant to § 38-3, shall be in writing and shall state the reasons for the denial. Any applicant so denied shall have the right to present the application, with all evidence germane thereto, to the full Board of Selectmen of the Town of Bethel for its review at a hearing called for the purpose of reviewing such evidence. The applicant shall be given reasonable notice of the date, time and place of such hearing. The hearing shall take place within 30 days of the date the applicant requests same. The Board of Selectmen shall, within 14 days of the close of such hearing, issue or deny the issuance of such license.
A.
It shall be unlawful to permit gambling on the premises
where an operated amusement device is located. Any operator or attendant who
observes any gambling on such premises or has reasonable grounds to suspect
that gambling is taking place shall immediately cause the removal from the
premises of such persons as are involved in the gambling activity.
B.
The operator or an attendant shall be on the premises
where any operated amusement device is located at all times during which the
premises is open to the public and shall be in such a position as to have
a clear view of all of the operated amusement devices and activity taking
place on the premises.
C.
It shall be unlawful for the operator hereunder to permit
such noise, either by mechanical means or noise on the part of the patrons,
which shall cause a disturbance to the adjacent and surrounding uses as would
cause the normal operation or enjoyment of said uses to be damaged or unreasonably
disturbed.
D.
The licensee shall cause the premises where an operated
amusement device is located to remain in a clean and sanitary condition at
all times and shall place such waste receptacles in and around the premises
so as to accomplish the above.
E.
A licensee shall provide adequate and orderly parking
for all bicycles and shall keep any storefront unobstructed so that the sidewalks
are clear and open to pedestrian traffic.
F.
A licensee shall not allow the use and/or operation by
persons under the age of 16 years of age of such devices after 12:00 midnight.
A licensee shall not allow truants to operate such devices during the hours
in which the Bethel Public Schools are in session.
G.
Each licensee shall have the affirmative duty to report
to the Police Department any and all incidents of disorderly conduct as defined
and regulated in this Code of Ordinances or the laws of the State of Connecticut
and which take place within the premises or outside such premises personally
observed, or upon observation or notification. Failure to report to the police
as herein provided shall be deemed sufficient cause to revoke the license
issued hereunder.
Nothing contained in this chapter shall in any way be construed to authorize, license or permit the operation of any gambling devices or any mechanism judicially determined to be a gambling device or declared contrary to law. Any violation of this section or those of § 38-5 shall be deemed sufficient cause to revoke the license issued hereunder.
Each licensee shall permit inspection of any premises where an operated
amusement device is located during regular business hours by Town officials
to determine compliance with the provisions of this chapter.
A.
Every person so licensed shall pay, upon issuance for
the use and/or operation of such devices, a fee of $5 per month, or any part
thereof, per machine, with a maximum of $25 per device per year. Every person
so licensed for the distribution of such devices shall pay a fee of $100 per
year. No refunds shall be allowable for unused portions of the fee paid. Any
person requiring a license for both the distribution and the use and/or operation
shall pay the lesser of the two fees, provided that the person operates said
devices in only one location. If the person operates devices in more than
one premises, then the fee shall be determined by the number of devices so
used and/or operated in all locations.
B.
Such license fee shall not apply to the use by any bona
fide charitable, civic, governmental, educational, fraternal or religious
organization situated in the Town of Bethel.
C.
Such license shall be subject to revocation by said Chief of Police or his delegatees at any time for sufficient cause. Within the discretion of the Chief of Police, such revocation may be permanent or for a specified time and not less than 14 days nor more than the remaining time frame between the revocation and the termination of the license by reason of lapse of time. Upon such revocation, the licensee shall have the same rights to a full hearing as set forth in § 38-4 hereof, with said Board either reissuing or denying to reissue the revoked license within the same time period as called for therein.
D.
All licenses issued hereunder shall be displayed within
the premises in a permanent place and in a manner that is visible to the general
public.
A.
No person shall be granted a license under this chapter
unless a valid sales tax permit from the State of Connecticut has been issued
to that person.
B.
No person shall use and/or operate such devices unless
in compliance with all other Town ordinances or regulations.
C.
Every person who shall violate the provisions of this
chapter shall be liable to a fine not exceeding $100 each day per violation.
Each day on which a person shall violate the provisions of this chapter shall
be considered a separate violation.
One amusement device may be substituted by a licensee for another similar
machine or device under said license, but in the event of a sale or transfer
of the business by the distributor or operator, a new license shall be obtained
by the transferee prior to conducting business within the Town.
If any section or part of this chapter shall be held invalid by a court
of competent jurisdiction, such holding shall not affect the remainder of
this chapter, except to the extent that the entire section or part of a section
may be inseparably connected in meaning and effect with the section or part
of the section to which such ruling shall directly apply.
