[HISTORY: Adopted by the Town of Boothbay Harbor 3-2-1981 as ATM Art. 49 (Art. 22 of the 1958 Ordinances). Amendments noted where applicable.]
Amusements — See Ch. 74.
[Amended 3-4-1991 by ATM Art. 17]
As used in this chapter, the folllowing terms shall have the meanings indicated:
- COIN-OPERATED AMUSEMENT DEVICE
- Includes all of those machines, whether mechanical or electronic, which upon insertion of a coin, slug, token, plate or disc may be operated by the public generally at a public premises for use as a game, entertainment or amusement, but not limited solely to musical entertainment, whether or not registering the score, and which are operated for amusement only and do not dispense any form of payoff, prize or reward except free replays. For the purpose of this chapter, "amusement devices" shall be divided into three (3) types.
- A. Video. A device that displays its principal function on a video monitor of any type and that requires manipulation of the images on the video monitor through external controls.
- B. Audio. A device in which the principal function is to emit the sound of music (including video display jukeboxes).
- C. Pinball. A device that has a mechanical or electrical playing surface which is operated by external mechanical or electrical controls. This shall include pool tables and other devices of this type.
Proof of good moral character shall include general testimony of the applicant's reputation in the community and the results of a records check to be conducted by the Chief of Police and included in his or her report. Such results shall be considered relevant only if they disclose a felony conviction within the last ten (10) years.
The applicant shall establish that the location of a premises for the operation of coin-operated amusement devices will not adversely affect the property values of other real property in the immediate vicinity of said premises. Any plans the applicants may have in regard to supervision of said premises to prevent vandalism and other potential property damage or personal injury to abuttors shall be considered in this regard.
Traffic conditions on any public way adjacent to said premises shall be evaluated to ensure that the location of said premises will not unnecessarily aggravate said conditions. Such evaluation shall be conducted by the Chief of Police.
The Code Enforcement Officer, in conjunction with the Health Officer and Fire Chief, shall inspect said premises and report on the general health and safety of the premises in regard to any violations or possible violations of the Building Code, Health Code, Fire Code or State Plumbing Code.
It shall be unlawful for any person, firm, corporation or association to keep for public patronage or to permit or allow the operation of any coin-operated amusement device in or on any public premises or location under his or her or its charge, control or custody without having first obtained a license therefor from the Clerk of the Town of Boothbay Harbor. Said license shall be issued by the Clerk upon the payment to the Town Treasurer of the annual fee of twenty-five dollars ($25.) for each machine located at said premises, and said license shall expire on June 30 of each year.
[Amended 3-4-1991 by ATM Art. 17]
The Clerk shall not issue such license as stipulated in this chapter until authorized by the municipal officers following a public hearing on the establishment of said coin-operated amusement device location. Such hearing shall be held within thirty (30) days of the receipt of such license application, and authorization or denial by said officers shall be by written decision stating the reasons therefor. At the public hearing, the municipal officers shall receive testimony and take evidence as to the good moral character of the applicants as well as to such factors regarding the premises for location of said devices as traffic hazards, effect on neighboring properties and general health and safety on the premises to house said coin-operated amusement devices. There shall be a maximum number of six (6) machines per establishment, of which there shall be no more than three (3) of any one (1) type. Each establishment shall maintain rest room facilities. Children under the age of sixteen (16) unaccompanied by an adult shall not be permitted to play or operate such machines. In this regard, the Code Enforcement Officer and the Chief of Police shall be required to submit written reports on their evaluation of said premises.
The license required by this chapter shall be posted securely and conspicuously on the premises for which it is granted. The Town Clerk shall forward a copy to the local Police Department after issuance. Said license shall not be transferrable to any other person, firm, corporation or association or from location to location and shall be valid only at the location and for the person, firm, corporation or association designated therein. Further, such license shall not be granted to any person under the age of eighteen (18) years, nor to any firm, corporation or association whose officers are under said age.
Any such license issued herein may be revoked by the Clerk after hearing before the municipal officers when any of the following violations are found:
There are machines located on the premises which are not described in the license application.
That minors under the age of sixteen (16) years unaccompanied by an adult have been allowed to operate said machines in violation of the terms of this chapter.
When it has been established to the municipal officers' satisfaction that the premises for which said license was granted had ceased to be a proper location due to the creation of a public nuisance at said premises.
The decision of the municipal officers as carried out by the Clerk may be appealed to the Superior Court within thirty (30) days from the rendering of said decision.
Any person, firm or, in the case of a corporation or association, any official thereof violating any of the provisions of this chapter, shall, upon conviction, be punished as set forth in Chapter 1, General Provisions, Article II, General Penalty, of this Code. Each day such violation exists shall constitute a separate offense.