Chapter 6 - AMUSEMENTS AND ENTERTAINMENTS

Footnotes:

--- (1) --- State Law reference— General authority to regulate amusements, G.L. 1956, §§ 5-22-1, 5-22-5.

ARTICLE I. - IN GENERAL#

Secs. 6-1—6-18. - Reserved.#

ARTICLE II. - GAMES OF CHANCE#

Footnotes:

--- (2) --- State Law reference— Games of chances, G.L. 1956, § 11-19-30 et seq.

DIVISION 1. - GENERALLY#

Sec. 6-19. - Definitions.#

The definitions in G.L. 1956, § 11-19-30 apply to this article.

Secs. 6-20—6-41. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 6-42. - Issuance.#

All permitted game of chance licenses shall be issued by the city clerk upon granting of such license by the city council.

(Code 1973, § 14-78; Code 1994, § 6-64)

Sec. 6-43. - Fee.#

There shall be no fee for a license carrying on or conducting a permitted game of chance.

(Code 1973, § 14-77; Code 1994, § 6-65; Ord. of 6-4-2001)

Secs. 6-44—6-74. - Reserved.#

ARTICLE III. - ENTERTAINMENT#

Footnotes:

--- (3) --- State Law reference— Shows and exhibitions, G.L. 1956, § 5-22-1 et seq.

DIVISION 1. - GENERALLY#

Sec. 6-75. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Entertainment means any live production of music or sound by an individual, band, musician, any theatrical performance, show or exhibition or performance, including, but not limited to, karaoke, public roller skating in rinks or halls, dances and balls, wrestling, boxing or sparring matches, exhibition, activities of a palmist, phrenologist or fortuneteller or any other entertainment and amusements for a term not exceeding one year. Any music or sound provided by any mechanical, electronic or other means, such as a tape recorder, records or other audio or visual means.

Individual business or establishment means any person, corporation, limited liability company, club, partnership, association, society or any other organized group of persons, including officers, directors and trustees of a corporation, club, association or society.

Jukebox means any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.

Mechanical amusement device means any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. The term "mechanical amusement device" includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, mechanical pool tables and all games, operations or transactions similar thereto under whatever name they may be described.

Premises means any room, place or space in the city in which entertainment, as defined herein, is produced or provided to which the public may gain admission, either with or without the payment of a fee, including, but not limited to, any building, theater, hall or rink.

(Code 1994, § 6-37; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-76. - Purpose.#

It is the purpose of the city council in this article to adopt a specific distinguishable license for the operation of entertainment, as defined herein, as allowed by the laws of the state. It is the further purpose of this article to address the secondary effects of entertainment establishments and businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, which has adverse impacts on the quality of life in the community. All mentioned secondary effect impacts are adverse to the public health, safety, and general welfare of the city and its residents.

(Code 1994, § 6-36; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-77. - Hours and posting of license.#

(a)

All individual or business establishments providing entertainment as defined herein, shall discontinue entertainment, and be closed on or before 1:00 a.m. unless otherwise provided or as approved by the city council. If said individual or business establishment does not have a liquor license, then the closing time will be set by the city council at the time the application is acted upon but shall not be later than 1:00 a.m. unless otherwise provided or as approved by the city council.

(b)

Each license issued hereunder shall be displayed in a conspicuous place at such location.

(Code 1994, § 6-45; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4; Ord. of 12-23-2021(2), § 1)

Secs. 6-78—6-97. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 6-98. - Required.#

It shall be unlawful for any individual or business establishment to conduct, maintain, operate or engage in the business of conducting entertainment as described herein without first obtaining a license in the manner prescribed herein.

(Code 1994, § 6-38; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-99. - Application and fees.#

(a)

Application form. The license shall be granted by the city council. Application for said license shall be made on a form containing such information as determined by the city clerk to be pertinent.

(b)

Exclusions. Public and private schools, churches and/or religious functions in the form of entertainment as described herein and held on a school or church property are excluded from the application and license process.

(c)

Fee. The fee for each license, or the renewal, if applicable, granted to the individual or business establishment shall not exceed $100.00 per occurrence.

(d)

Exceptions. The fee for such license as described herein may be waived, when the entertainment provided is sponsored by a religious, charity or nonprofit group.

(Code 1994, § 6-40; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-100. - Issuance.#

(a)

All petitions for licenses shall be heard and determined by the city council. A license shall be issued to an individual or business establishment, for either an individual event or for a period of up to one year, only after the city council is satisfied that the applicant is a fit and proper person or business enterprise and shall have complied with all requirements set forth herein and set forth in the Rhode Island General Laws that apply including, but not limited to, an inspection to be made of the premises to be licensed and is satisfied that such premises complies with all laws, rules and regulations of the building official and fire division. As evidence of this, written certification is issued to the applicant by the building official and fire division. Said certification must be issued prior to final action of applicant's application. A license shall be effective for a term commencing on December 1 of a given year through November 30 of the following year or for the time approved by the city council.

(b)

No license authorized by this division shall be issued or renewed unless the building official of the city and the fire division of the city shall inspect the premises and certify that the premises comply with all state and local requirements.

(Code 1994, § 6-39; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-101. - Capacity.#

If only certain rooms within the premises are to be utilized for entertainment, said applicant shall be required to indicate on the application the location of each and every room or space which is to be used for such purpose and the determination as to the maximum capacity of patrons shall be determined by the city fire division.

(Code 1994, § 6-41; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-102. - Compliance with zoning ordinance.#

In order to be granted a license, the applicant must obtain a certificate of zoning compliance from the code enforcement officer which states that the type of entertainment proposed is permitted in the zoning district where the premises is located.

(Code 1994, § 6-42; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-103. - Transferability.#

No license issued under the provisions of this division shall be transferred or assigned to any individual or business establishment or used by any individual or business establishment other than the licensee to whom it was issued, nor shall such license be used on any premises other than the premises stated in such license.

(Code 1994, § 6-43; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-104. - Changes in corporate licenses.#

If, during the term of the licensing period, one or more directors, stockholders, or officers of a corporate or members of a limited liability company license are substituted or added, each substituted or added director, stockholder, or officer shall, within five days of such change, file with the city clerk, an application for an approval of the change on such forms as are prescribed by the city clerk.

(Code 1994, § 6-44; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-105. - Suspension or revocation.#

After reasonable notice and a hearing, the city council shall have the right and authority to impose a fine, suspend or revoke any license granted under this division. Cause shall include but not be limited to, instances when an establishment is shown to have become disorderly or to have otherwise adversely affected the quiet enjoyment or quality of life of residents or when state or local law has been violated.

(Code 1994, § 6-46; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Secs. 6-106—6-123. - Reserved.#

ARTICLE IV. - MECHANICAL AND ELECTRONIC AMUSEMENT DEVICES AND AMUSEMENT CENTERS, BILLIARD OR POOL ROOMS#

Footnotes:

--- (4) --- State Law reference— Bowling alleys, billiard tables and shooting galleries, G.L. 1956, § 5-2-1 et seq.

DIVISION 1. - GENERALLY#

Sec. 6-124. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amusement game means any mechanical, electric, video and electronic machine or device used or designed to be operated for entertainment or as a game by the insertion of money, tokens or other articles or by paying money to have it activated; such term shall include but not be limited to marble machines, pinball machines, skill ball, mechanical grab machines, video or computer type games, electronically operated or displayed games, air games and all operations similar thereto; such term shall not include any rides, bowling alleys, pool tables or any device maintained within a residence for the use of occupants thereof and their guests.

Game room means any structure or portion of a structure or place containing four or more amusement games.

Pool/billiard table means any oblong cloth-covered table with raised cushioned edges with or without side pockets on which the game commonly known as billiard or pool is played.

Pool or billiards room means any building or room where four or more tables are kept for the use and entertainment of the public.

(Code 1994, § 6-86; Ord. of 9-13-1982, § 2; Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-125. - Operation of game rooms, pool tables, billiards tables, pool rooms and billiards rooms.#

Standards for the operation of game rooms, pool tables, billiards tables, pool rooms and billiards rooms shall be as follows: (1)

The owner and operator of any game room, pool tables, billiards tables, pool rooms and billiards room shall comply with all provisions of law, ordinance, rule or regulation relating to the conduct of business and the use and maintenance of the premises.

(2)

The owner and operator of any game room, pool tables, billiards tables, pool rooms and billiards room shall cause the game room, pool tables, billiards tables, pool rooms and billiards room license to be posted at all times in a conspicuous place on the premises.

(3)

The owner and operator of any game room, pool tables, billiards tables, pool rooms and billiards room shall not permit such premises to be overcrowded.

(4)

The owner and operator of any game room, pool tables, billiards tables, pool rooms and billiards room and the members, officers, directors and holders of ten percent or more of the stock of any corporation, partnership or association owning or operating a game room, pool tables, billiards tables, pool rooms and billiards room shall not have been convicted of any crime that has a reasonable relationship to fitness to own or operate any game room, pool tables, billiards tables, pool rooms and billiards room.

(5)

The owner and operator of any game room, pool tables, billiards tables, pool rooms and billiards room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room, pool tables, billiards tables, pool rooms and billiards room shall include but shall not be limited to the following:

a.

Fighting and rowdy behavior;

b.

Possession or consumption of alcoholic beverages, except within premises licensed for on-premises consumption of those beverages;

c.

Gambling;

d.

Permitting the use of marijuana or any controlled substance, the possession of which is prohibited by law.

(6)

The owner or operator of any game room, pool tables, billiards tables, pool rooms and billiards room shall not permit an amusement game, pool tables, billiards tables, pool rooms and billiards room therein to be played or operated after 10:00 p.m. by a person under the age of 16 years unless accompanied by and under the supervision of a parent or other guardian over the age of 18.

(7)

The owner or operator of a game room, pool tables, billiards tables, pool rooms and billiards room shall not allow it to be open or used unless it is under the control of and supervision by a person at least 18 years of age who shall ensure that it is operated in compliance with law.

(8)

The owner and operator of a game room, pool tables, billiards tables, pool rooms and billiards room shall not allow it to be open or the amusement games, pool tables, billiards tables, pool rooms and billiards room therein played on any day between the hours of 10:00 p.m. and 10:00 a.m. during the months of July and August; except that, when school is in session, such prohibited hours will become 10:00 p.m. to 2:30 p.m.

(9)

The owner and operator of a game room, pool tables, billiards tables, pool rooms and billiards room shall not allow more amusement games, pool tables, billiards tables, pool rooms and billiards room than the number permitted in the license to be located therein at any time.

(Code 1994, § 6-88; Ord. of 9-13-1982, § 5(f); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-126. - Operation of amusement games, pool tables, billiards tables, pool rooms and billiards room.#

Standards for the operation of amusement games, pool tables, billiards tables, pool rooms and billiards room shall be as follows: (1)

The owner of any amusement game, pool tables, billiards tables, pool rooms and billiards room within the city shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and relating to the conduct of the business in connection with which the game, pool tables, billiards tables, pool rooms and billiards room is used and the use and maintenance of the premises where it is located.

(2)

The owner of the game, pool tables, billiards tables, pool rooms and billiards room shall maintain good order on the premises at all times. The lack of good order on the premises shall include but not be limited to the following:

a.

Fighting and rowdy behavior;

b.

Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises consumption thereof;

c.

Gambling;

d.

Permitting the use of marijuana or any controlled substance, the possession of which is prohibited by the law.

(3)

The owner of an amusement game, pool tables, billiards tables, pool rooms and billiards room shall not permit it to be played or operated after 10:00 p.m. by a person under the age of 16 years unless accompanied by and under the supervision of a parent or other guardian over the age of 18.

(4)

The owner of an amusement game, pool tables, billiards tables, pool rooms and billiards room shall not allow it to be available for use or used unless it is under the control of and supervision by a person at least 18 years of age, who shall ensure that it is operated in compliance with law.

(5)

No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game, pool tables, billiards tables, pool rooms and billiards room, and no such game, pool tables, billiards tables, pool rooms and billiards room shall be permitted to operate if such game, pool tables, billiards tables, pool rooms and billiards room delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.

(6)

No credit, allowance, check, slug, token or anything of value shall be offered or given to any player of any amusement game, pool tables, billiards tables, pool rooms and billiards room as a result of plays made thereon.

(Code 1994, § 6-89; Ord. of 9-13-1982, § 5(g); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-127. - Inspections.#

The premises of all game rooms, pool tables, billiards tables, pool rooms and billiards room in the city shall be subject to inspection by any peace officer acting pursuant to his special duties, or any police officer. Any other premises in the city containing amusement games, pool tables, billiards tables, pool rooms and billiards room shall be subject to inspection by any peace officer acting pursuant to his special duties, or any police officer.

(Code 1994, § 6-90; Ord. of 9-13-1982, § 5(h), (i); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-128. - Gambling devices prohibited.#

No machine or device, pool tables, billiards tables, pool rooms and billiards room which would constitute a gambling device as defined by G.L. 1956, § 11-19-18, or any other section of the general laws, shall be licensed by the city.

(Code 1994, § 6-106; Ord. of 9-13-1982, § 5(e); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Secs. 6-129—6-154. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 6-155. - Required.#

Every person maintaining or operating a game room or amusement device, pool tables, billiards tables, pool rooms and billiards room shall first obtain an annual license from the city.

(Code 1994, § 6-101; Ord. of 9-13-1982, § 3; Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-156. - Application requirements.#

(a)

Types of establishments that may apply for mechanical and electronic amusement device, pool tables, billiards tables, pool rooms and billiards room licenses include any businesses whose primary business is entertainment or recreation during their regular business hours.

(b)

An application form for amusement game or game room, pool tables, billiards tables, pool rooms and billiards room licenses shall require the following information:

(1)

Name, age and address of applicant; and names and addresses of officers if a corporation or association;

(2)

The place where each machine or device, pool tables, billiards tables, pool rooms and billiards room is to be displayed or operated and the business conducted at such place; and

(3)

A description of the machine or machines, pool tables, billiards tables, pool rooms and billiards room to be covered by the license, the mechanical features and the serial numbers thereof.

(Code 1994, § 6-103; Ord. of 9-13-1982, § 5(a), (b); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-157. - Qualifications of licensee.#

No license under this division shall be issued to any individual unless he is over the age of 18 years and not an illegal alien.

(Code 1994, § 6-102; Ord. of 9-13-1982, § 5(c); Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-158. - Term; fee.#

Licenses granted under this division shall continue for a term not exceeding one year upon payment of the currently required amount for the license for a game room or amusement game, pool tables, billiards tables, pool rooms and billiards room and any renewal thereof.

(Code 1994, § 6-104; Ord. of 9-13-1982, § 4; Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-159. - Display.#

Every machine, pool tables, billiards tables, pool rooms and billiards room on display or operated under the terms of this division shall require a license, and such license shall be displayed on each machine, pool tables, billiards tables, pool rooms and billiards room so licensed or in a conspicuous place at such location.

(Code 1994, § 6-105; Ord. of 9-13-1982, § 5(d); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-160. - Payment of property tax prerequisite to issuance.#

No license under this division shall be issued or renewed until such times as the personal property tax assessed against the game room or amusement game, pool tables, billiards tables, pool rooms and billiards room owned or kept according to the provisions of this division have been paid.

(Code 1994, § 6-107; Ord. of 9-13-1982, § 8; Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-161. - Issuance; effective and expiration dates.#

All applications for licenses under this division shall be made to the city clerk and shall become effective on December 1, and shall expire on November 30 of each year. All such licenses shall be issued by the city clerk after the application for such license shall have been approved by the city council and upon payment of the required fees and provided that all state and city requirements have been made.

(Code 1994, § 6-108; Ord. of 9-13-1982, § 6; Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-162. - Suspension or revocation.#

If the licensee shall permit the place where any game room or amusement game, pool tables, billiards tables, pool rooms and billiards room is located to become disorderly so as to annoy and disturb reasonable persons of ordinary sensibilities inhabiting, working or residing in the neighborhood thereof, or shall permit any of the laws of the state or the city to be violated therein, in addition to any punishment or penalty which may be prescribed by statute for such offense, the licensee may be summoned before the city council, where the licensee and the witnesses for and against the licensee may be heard, and if it shall be made to appear to the satisfaction of the city council hearing such charges that the licensee has permitted to be done any of the things hereinbefore in this division mentioned, the city council may suspend or revoke such license or enter other orders thereon.

(Code 1994, § 6-109; Ord. of 9-13-1982, § 5(j); Ord. of 6-4-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Secs. 6-163—6-192. - Reserved.#

ARTICLE V. - MOTION PICTURE THEATERS#

DIVISION 1. - GENERALLY#

Secs. 6-193—6-222. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 6-223. - Required.#

It shall be unlawful for any person to operate or maintain a theater for the purpose of exhibiting moving pictures without a license from the city council.

(Code 1973, § 14-79; Code 1994, § 6-176; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-224. - Application; issuance.#

Application may be made and the city council may grant a license under this division at the first regular meeting of the council in December of each year or as soon thereafter as may be deemed practical.

(Code 1973, § 14-80; Code 1994, § 6-177; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-225. - Fee.#

The fee for the license required by this division shall be established from time to time by resolution of the city council and may be paid in quarterly installments.

(Code 1973, § 14-81; Code 1994, § 6-178; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)

Sec. 6-226. - Term.#

Licenses under this division shall be issued for a period of one year from January 1 to December 31.

(Code 1973, § 14-82; Code 1994, § 6-179; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)