[HISTORY: Adopted by the Board of Directors of the Town of Manchester as Secs. 9-31 to 9-44 of the 1996 Code. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 106.
Bazaars and raffles — See Ch. 120.
Carnivals and exhibitions — See Ch. 144.
Disorderly conduct — See Ch. 161.
Nuisances — See Ch. 226.
Authority to license and regulate amusements — See § 1-3(51).
Authority to provide for amusements — See C.G.S. § 7-148(c)(4)(C).
Authority to regulate and license amusement parks and arcades — See C.G.S. § 7-148(c)(7)(H)(vi).
Authority to preserve peace and good order — See C.G.S. § 7-148(c)(7)(H)(viii).
Amusements in general — See C.G.S. §§ 29-129 to 29-143a.
For purposes of interpretation and enforcement, and unless the context requires otherwise, words and terms used in this chapter shall have the meanings ascribed to them as follows:
- AMUSEMENT CENTER
- Any land or building used primarily as an amusement arcade, video arcade, laser arcade, or shooting gallery.
- CHIEF OF POLICE
- The Chief of Police of the Town.
- GENERAL MANAGER
- The General Manager of the Town.
- GOVERNMENTAL AGENCY
- Any department or division of the Town.
- Any person, firm, corporation, partnership or association or club who sets up for operation by another or leases an amusement center.
- Any person, firm, corporation, partnership or association or club who as the owner and/or lessee has under his or its control an amusement center.
It is hereby declared that to avoid nuisance, harm and danger to the health, safety and welfare of the public, such regulations are necessary.
The business of operating an amusement center is a business activity which requires regulation to secure preservation of good order, peace, health and safety of the Town and its citizens.
This chapter shall not apply to any civic, fraternal, religious, educational, charitable or similar nonprofit organization conducting or causing to be conducted a carnival or circus in accordance with Town zoning regulations.
Required. No person shall engage in the business of an operator or proprietor of an amusement center without first obtaining a permit therefor from the Chief of Police.
Application. All applications for a permit to operate an amusement center shall be in writing in the form and manner as required by the Chief of Police, signed and sworn to by the applicant and shall set forth:
Name and address of applicant; if a partnership, names and addresses of all partners; if a corporation, club or association, names and addresses of all officers;
The address of the premises where the amusement center is to be located;
Description of the games to be played within the amusement center;
Proposed hours of operation;
Such other information as may be necessary in order for the Chief of Police to make any determination required by this chapter.
Fee. Each application shall be accompanied by a fee of $100, which shall not be refundable, to defray the cost of administration.
Issuance. The Chief of Police shall issue a permit to operate an amusement center upon finding that all requirements as described in this chapter are complied with as of the effective date of the permit.
A permit to operate an amusement center shall be valid for one year from the date of issuance, unless revoked or suspended.
Application for renewal shall be received by the Chief of Police at least 90 days before expiration and shall be in the form and manner as required for application for the original permit.
Each application for renewal of a permit shall be accompanied by a fee in the amount as provided for in the original permit.
The Chief of Police shall renew each permit no later than 60 days before expiration upon making such findings as required for issuance of the original permit.
If renewal of any permit is denied, the Chief of Police shall notify the holder of the permit of the reasons and specific sections of this chapter upon which his determination was made in writing not later than 60 days before expiration of the permit.
The Chief of Police may revoke or suspend any permit to operate an amusement center if he finds:
The Chief of Police shall not revoke or suspend any permit issued under this chapter without notifying the holder of the permit, in writing, of the facts and of the specific section or sections of this chapter upon which his determination was made and of the holder's right to request a hearing before the Chief of Police and to present evidence or argument on all facts or issues involved. A request for a hearing shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Chief of Police finds the public safety or welfare imperatively requires emergency action and incorporates a finding to that effect in his notices, the permit may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues promptly determined.
Any person aggrieved by the denial of a permit to operate an amusement center or by the denial of renewal of such permit, or whose permit has been revoked or suspended and a hearing has been held in accordance with the requirements of § 110-6B, may request a hearing before the General Manager, at which hearing such person shall be afforded the opportunity to be heard on all facts or issues involved. The request for a hearing must be made in writing and sent by certified mail to the General Manager.
The General Manager shall, upon receiving a request for a hearing under Subsection A of this section, schedule a hearing not later than 15 days from the date of actual receipt of the request and shall notify all parties of the time and place thereof.
The General Manager shall render a decision in writing within 10 days of the date of a hearing held under Subsection A of this section.
A request for a hearing under Subsection A of this section shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered therein; provided, however, that if the Chief of Police has found under the provisions of § 110-6B that the public safety imperatively requires emergency action, the permit shall continue to be summarily suspended pending a hearing and decision in accordance with this section.
The building or land used as an amusement center shall not be located within 1,000 feet of the lot line of any one or more of the following establishments existing as of the date of the original issuance of a permit:
No amusement center shall operate before the hour of 10:00 a.m. or after the hour of 11:00 p.m.
The Chief of Police may require amusement centers to have a police officer on the premises during certain hours of operation or that other security arrangements satisfactory to the Chief of Police be arranged.
No person shall sell, give, disperse, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of an amusement center.
Persons attending secondary school grades or lesser grades shall not be permitted in an amusement center during the hours when such person's school is in session.
The Chief of Police or his authorized representative shall, from time to time, make an inspection of each amusement center for the purpose of determining compliance with provisions of this chapter. Such inspections shall be made at a reasonable time and in a reasonable manner. No permit holder shall fail to allow access to the premises for the purpose of inspection or hinder such inspection in any manner.
Nothing in this chapter shall be construed to permit any person to conduct, sponsor or operate any amusement center which is not allowed under the zoning regulations of the Town.
Nothing in this chapter shall be construed to permit any person to conduct, sponsor or operate any amusement center which creates a nuisance.
A permit to operate an amusement center must be granted prior to any other governmental agency approving or issuing permits for the use of land or building as an amusement center.
No permit issued pursuant to this chapter shall be transferable.
Any person who operates an amusement center without first obtaining a permit and paying a license fee to the Town or who shall violate any provisions of this chapter shall be punished in accordance with § 1-2 of this Code.