As used in this chapter, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
AMUSEMENT DEVICE
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.
DISTRIBUTOR
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.
PERSON
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.
PLACE OF BUSINESS or PREMISES
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.
SUFFICIENT CAUSE
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.
TOWN
The Town of Bethel, State of Connecticut.
USE AND/OR OPERATE
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.
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.
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.
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.