[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.]
[Amended 3-4-1991 by ATM Art. 17]
As used in this chapter, the folllowing terms
shall have the meanings indicated:
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.
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.
Audio. A device in which the principal function
is to emit the sound of music (including video display jukeboxes).
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.
[Amended 5-1-1995 by ATM Art. 63; 6-20-2022 by ATM Art. 20]
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 as established
by the Boothbay Harbor Board of Selectmen, 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[1]]
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:
A.
There are machines located on the premises which are
not described in the license application.
B.
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.
D.
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.
