Chapter 6 - AMUSEMENTS AND ENTERTAINMENT

Footnotes:

--- (1) --- State Law reference— Sunday operation, G.L. 1956, §§ 5-2-9, 5-22-7.

ARTICLE I. - IN GENERAL#

Secs. 6-1—6-20. - Reserved.#

ARTICLE II. - SHOWS, EXHIBITIONS AND SIMILAR ACTIVITY#

Footnotes:

--- (2) --- State Law reference— Authority to regulate theatrical performances, rope, and wire dancing and all other shows and performances, G.L. 1956, § 5-22-1; town license required, G.L. 1956, § 5-22-4; maximum penalty, G.L. 1956, § 5-22-18.

DIVISION 1. - GENERALLY#

Secs. 6-21—6-35. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 6-36. - Required.#

No person shall publicly or for pay or for any profit or advantage to such person exhibit or promote or take part in any theatrical performance or show; or promote any wrestling, boxing or sparring match for exhibition, nor shall any person for pecuniary profit or advantage to such person promote any public roller skating in any rinks or halls, without first obtaining a license from the town council authorizing such performance, show, exhibition, dance or ball.

(Code 1982, § 3-1; Code 2003, § 6-36)

State Law reference— Authority to license and regulate, G.L. 1956, § 5-22-1.

Sec. 6-37. - Fee.#

The fee for such license shall be as provided in appendix C for each performance, show or exhibition, to be paid to the finance director for the use of the town.

(Code 1982, § 3-2; Code 2003, § 6-37)

State Law reference— Maximum license fee, G.L. 1956, § 5-22-12; revocation at the pleasure of the town council, G.L. 1956, § 5-22-12.

Secs. 6-38—6-55. - Reserved.#

ARTICLE III. - MECHANICAL OR COIN-OPERATED DEVICES AND ARCADES#

DIVISION 1. - GENERALLY#

Sec. 6-56. - 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:

Arcade means any place of business where more than five mechanical amusement devices and/or electronic video games are located and are physically separated from any other commercial activity.

Electronic video games means any machine, which, upon the insertion of a coin, token, plate, slug 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 "electronic video games" includes any device which is constructed or operates by the methods or principles of electronics, or which utilizes the transactions similar thereto under whatever name they may be described.

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. It shall include 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.

(Code 1982, § 3-21; Code 2003, § 6-56)

Secs. 6-57—6-70. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 6-71. - Required.#

No person shall keep a jukebox, mechanical amusement device or electronic or video game, or any similar device of a similar character, in any saloon, shop or place of business of any nature within the town, or keep any such device for public use or profit within such town, or operate an arcade without first having obtained a license from the town council. The town council may, in its discretion, grant or refuse to grant licenses therefor, and the licenses so granted shall continue for a term not exceeding one year.

(Code 1982, § 3-22; Code 2003, § 6-71)

Sec. 6-72. - Application; information required.#

The application for the license shall contain the following information: (1)

Name and address of applicant; age, date and place of birth, when applicable.

(2)

Prior arrests and convictions of applicant, if an individual, or any stockholders or officers, if the applicant is a corporation or an association, including the name and addresses of all officers.

(3)

Place where machine or device is to be displayed or operated, and the business conducted at that place.

(4)

Description of machine to be covered by the license, including mechanical features and serial number.

(Code 1982, § 3-23(a); Code 2003, § 6-72)

Sec. 6-73. - Submission of application; investigation and inspection; denial of license for gambling device; display of license.#

(a)

Application for a license shall be made out in triplicate, one copy being referred to the chief of police, the second copy to the building official's office, and the third copy to the fire marshal.

(b)

The chief of police and the fire marshal shall investigate the machine or device sought to be licensed, the location wherein it is proposed to be operated and the applicant, and report to the town council their findings.

(c)

The electrical inspector shall inspect all wiring and connections to the machine, determine if such wiring and connections comply with the electrical code of the town and the state, and shall report to the council his findings.

(d)

The council shall not approve the issuance of a license for any machine or device, which would constitute a gambling device, as defined by G.L. 1956, § 11-19-18, or any other sections of such general laws.

(e)

The licenses granted under this article shall be displayed on each machine, and each and every machine shall be required to be so licensed.

(Code 1982, § 3-24; Code 2003, § 6-73)

Sec. 6-74. - Fees.#

Every applicant, before being granted a license, shall pay an annual license fee for the privilege of operating or maintaining for operation each jukebox, mechanical amusement device or electronic video game. The annual fees shall be as provided in appendix C. On December 31 next following the date of issuance, each annual license shall expire.

(Code 1982, § 3-25; Code 2003, § 6-74)

Sec. 6-75. - Arcade.#

(a)

License required. No person licensed by virtue of this article shall have or assemble more than three electronic video games and two mechanical amusement devices in any one place of business or premises, unless such person has obtained an arcade license.

(b)

Fees. Every applicant, before being granted an arcade license, shall pay an annual license fee for the privilege of operating or maintaining an arcade in the sum as provided in appendix C. In addition, the annual fee for each machine shall be as provided in appendix C.

(c)

Number of devices limited. No person licensed to operate an arcade shall maintain more than ten mechanical amusement devices and/or electronic video games.

(Code 1982, §§ 3-26(b), 3-27(c), (d); Code 2003, § 6-75)

Sec. 6-76. - Revocation.#

Every license issued by the town is subject to revocation should the licensee, directly or indirectly, permit the operation of any jukebox, mechanical amusement device, or electronic or video game contrary to the provisions of this article or any ordinance or amendment thereto or the laws of the state. Such license may be revoked by the town council after written notice to the licensee, which shall specify the violations with which the licensee is charged. The licensee may ask for a hearing on such charge, to be held not later than ten days after notice has been received by the licensee. At such hearing, the licensee and/or his attorney may present and submit evidence and witnesses in his defense.

(Code 1982, § 3-28; Code 2003, § 6-76)

Secs. 6-77—6-90. - Reserved.#

DIVISION 3. - REGULATIONS#

Sec. 6-91. - Jukebox hours of operation; volume.#

No person shall permit the playing of jukeboxes between the hours of 1:00 a.m. to 8:00 a.m., and at all other times shall modulate the volume of music so as not to cause a nuisance.

(Code 1982, § 3-27(a); Code 2003, § 6-91)

Sec. 6-92. - Minors under 14; forfeiture of license.#

No person licensed by virtue of this article shall permit any jukebox, mechanical amusement device or electronic and video game, the use of which has been permitted under the license granted to him, to be used by any minor under the age of 14 years, unless accompanied by a parent. If such use is permitted, the person holding such license shall forfeit the license as provided in section 6-76.

(Code 1982, § 3-27(b); Code 2003, § 6-92)