The regulation of the operation of mechanical/electronic amusement devices
and the constant supervision of the operation of such machines are hereby
declared necessary for the protection of the health, safety and morals of
the residents of the Town of East Hampton.
As used in this chapter, the following terms shall have the meanings
indicated:
ANNUAL LICENSE
A license issued pursuant to this ordinance and good up to and including
the 31st day of December following its issuance.
MECHANICAL/ELECTRONIC AMUSEMENT DEVICE
Any machine that, upon the insertion of a coin, slug or token, or
upon payment of a charge, releases an object which is propelled manually,
mechanically, or electronically and which registers scores, by striking pins,
levers, or bumpers or by falling into holes or slots, or that, upon insertion
of a coin or slug or the payment of a charge, is operated to register a score
or tally of any kind. It shall include such devices as pin-ball or pin-game
machines, computer games, television games, coin-operated table games (i.e.,
hockey, soccer, bowling) and mechanical/electronic coin-operated moving picture
devices.
OPERATOR
Any person, firm, corporation, club, or association in whose place
of business any such mechanical/electronic amusement device is placed for
use by the public, or anyone who may arrange with the owner of a business
or premises for the use of space in which any such mechanical/electronic amusement
device may be placed for the use by the public.
SEASONAL LICENSE
A license issued pursuant to this chapter and good for up to five
months after the date of issuance.
Nothing in this chapter shall in any way be construed to authorize or
permit any gambling device whatsoever or any mechanism that has been judicially
determined to be a gambling device or in any way contrary to law, or that
may be contrary to any future laws of the State of Connecticut, including,
but not limited to, § 53-278a et seq. of the General Statutes.
The application for such a license shall contain the following information
under oath:
A. Name of applicant(s): if a partnership, names of all
partners; if a corporation, club or association, names of officers; if applicant
is an agent, the principal or real party in interest shall be disclosed and
such person or persons shall be considered an applicant or applicants for
purposes hereof;
C. Age of applicants; if a corporation, club or association,
date organized and under laws of what state;
D. Type of business or activity;
E. Whether applicants or, if a corporation, club or association,
officers have ever been convicted of a crime;
F. The place where a mechanical/electronic amusement device
is to be displayed or operated and the business or activity conducted at that
place (this shall apply only to operators);
G. Description or type of mechanical/electronic amusement
device to be covered by the license.
Each operator, and each servant, agent and employee of each operator,
shall maintain good order in his place of business and not permit such mechanical/electronic
amusement devices to be used for gambling. No person under the age of 14 shall
be harbored or allowed to congregate in said place of business unless accompanied
by his or her parent or legal guardian. The licensed operator, or his approved
designee, of any mechanical/electronic amusement device shall be available
on the premises during all hours during each day said devices are in operation.
Any place of business containing three or more mechanical/electronic amusement
devices shall not operate such devices on Sunday before 1:00 p.m., nor on
any other day between the hours of 10:00 p.m. and 10:00 a.m. on the following
day, except that such places of business may be permitted to operate such
devices until 12:00 midnight on Fridays and Saturdays, upon prior notification
to the Chief of Police. The provisions of this section regarding hours of
operation shall be applicable to any premises under the jurisdiction of the
Division of Liquor Control, State of Connecticut, provided permission for
such devices has been obtained from the proper authority.
The Chief of Police shall have the power to revoke any license issued
hereunder for cause in accordance with the following procedures: The Chief
of Police or his authorized representative shall cause to be sent to the licensee
by certified mail, return receipt requested, a notice of intent to revoke
license, which shall set forth the cause for such intended revocation, the
place, date and time for a hearing before the Chief of Police to be held thereon,
which shall not be sooner than five business days from the delivery of such
notice, and a statement that the licensee shall be permitted to be represented
by counsel, to testify or offer other evidence, and to question any other
person testifying at such hearing. At the conclusion of such hearing, the
Chief of Police shall issue a decision in writing as to whether such license
or licenses shall be revoked, and if the decision is to revoke, the Chief
of Police, or his authorized representative, may enter the premises and take
possession of the license or licenses if so revoked. A written decision to
revoke shall also notify the licensee that he may appeal such decision to
revoke to the Town Council within five business days. The license shall remain
revoked during any such appeal period. Cause shall be deemed to include, but
shall not be limited to, conviction of a crime involving moral turpitude subsequent
to the issuance of the license, false information in the application for a
license knowingly given, or any violation of this chapter.
Any person, firm, corporation or association operating any such mechanical/electronic
amusement device without a permit as required hereunder shall be fined not
more than $100 for each offense. Each date of violation shall constitute a
separate offense.