[Adopted 12-22-1983]
As used in this article, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
Any machine which, upon the insertion of a coin, slug, token, plate,
disk or payment of a charge, may be operated by the public generally for use
as a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as pinball or pin-game machines and shuffleboard
devices, but shall not be strictly limited to the same.
Any contrivance or device which, upon insertion of a coin, slug,
token, plate, disk or key into any slot, crevice or other opening or by the
payment of any price, emits or may emit songs, music or similar amusement.
It shall include jukeboxes. A music vending machine which has multiple receptacles
for the insertion of coins shall, for the purpose of this article, be considered
one music vending machine.
Any person in whose place of business a mechanical amusement device
or music vending machine is placed for use by the public.
Each operator, as defined in this article, shall maintain good order
in places of business.
Nothing in this article shall in any way be construed to authorize,
license or permit any gambling devices 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.
Every operator shall obtain a license from the Police Department, approved
by the Chief of Police, for each mechanical amusement device and/or music
vending machine in excess of two in number in operation in his place of business.
Every operator, before being granted a license, shall pay an annual
license fee for the privilege of operating or maintaining for operation each
mechanical amusement device and/or music vending machine as defined in § 53-16
herein. The fee shall be paid to the City of Derby through the Police Department
and shall become due on the day on which the license is issued. Each license
shall expire one year from the date of issuance, at which time fees for renewal
of licenses shall become due.
Applications for the license required by this article shall be made
to the Police Department upon forms supplied by it for the purpose. Each application
shall contain the following information under oath.
A.
The name of the applicant; if a partnership, the names
of all the partners; if a corporation, club or association, the names of all
officers.
B.
The residence of the applicant.
C.
The age of the applicant; if a corporation, club or association,
the date organized and under laws of what state.
D.
The type of business or activity.
E.
Whether the applicant or, if a corporation, club or association,
its officers have been convicted of a crime.
F.
The place where the machine or device is to be displayed
or operated and the business or activity conducted at that place.
G.
A description of the type of machine to be covered by
the license.
Each applicant for or holder of a license under this article shall notify
the Chief of Police promptly of any change in the information set forth in
the application within 10 days.
The Chief of Police shall investigate the character and record of an
applicant for a license under this article and the location wherein it is
proposed to operate the machine described in the application. He shall not
approve the application unless he finds that the applicant has attained the
legal age of majority and is a person of good moral character and that the
business or activity carried on in such location is a bona fide and lawful
one.
A license required by this article shall be issued by the Police Department
only in the name of the applicant. One mechanical amusement device or music
vending machine may be substituted by a license for another similar machine
or device under his license, but in the event of a sale or transfer of his
business by an operator, a new operator's license shall be obtained by the
transferee and the operator shall notify the Chief of Police of such sale
or transfer.
Each license issued pursuant to this article shall be posted permanently
and conspicuously at the location of the machine or device in the premises
wherein the device is to be operated or maintained to be operated.
Every license issued pursuant to this article is subject to the right,
which is hereby expressly reserved, to revoke the same should the licensee,
directly or indirectly, permit the operation of any mechanical amusement device
and/or musical vending machine contrary to the provisions of this article,
the ordinances of the City of Derby or the law of the State of Connecticut.
Said license may be revoked by the Chief of Police after written notice to
the licensee, which notice shall specify the ordinance or law violations with
which the licensee is charged, provided that no such license may be revoked
unless the licensee has been provided such notice and an opportunity to be
heard thereon.
Any operator violating any of the provisions of this article in addition
to the revocation of his or its license shall be liable to a fine or penalty
of $99 for each offense.
Nothing herein shall be deemed to affect amusement devices, etc., already
in existence and/or operators of the same, but shall apply to public amusements
hereinafter used as per this article.
