ARTICLE IV. - MECHANICAL AND ELECTRONIC AMUSEMENT DEVICES
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 10-87. - 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 or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. The term "amusement game" does not include: (1)
Jukeboxes.
(2)
Rides.
(3)
Bowling alleys.
(4)
Any device maintained within a residence for the use of the occupants thereof and their guests.
(5)
Any device, the possession or use of which is prohibited by law.
(6)
Pool tables and billiard tables.
Game room means any establishment containing four or more amusement games, as defined in this section.
(Code 1970, § 10-121; Res. of 1-19-1982)
Sec. 10-88. - Gambling devices not permitted.#
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.
(Code 1970, § 10-122; Res. of 1-19-1982)
Sec. 10-89. - License required.#
(a)
Generally. Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device as herein defined in this article shall be required to obtain a license from the town upon payment of a license fee.
(b)
Application; form; fee. Application for such license shall be made to the town council upon a form to be supplied by the town clerk for that purpose. The fee therefor shall be set from time to time by resolution of the town council. The town clerk shall issue a sticker to be attached to said device on a yearly basis.
(c)
Number per establishment. No more than three licenses may be issued for any one establishment, except as authorized in subsection (d) of this section.
(d)
Game rooms. Any establishment wishing to operate four or more amusement games must first obtain permission of the zoning board of review to operate a game room as defined in this article.
(Code 1970, § 10-123; Res. of 1-19-1982; Ord. No. 2013-46, 10-1-2013)
Sec. 10-90. - Public notice and hearing.#
A public hearing will be held, after notice in a local newspaper for three weeks, at a regular or special council meeting for the granting of the license.
(Code 1970, § 10-124; Res. of 1-19-1982; Ord. No. 2013-46, 10-1-2013)
Sec. 10-91. - Inspection.#
(a)
Application for license shall be made out in duplicate, one copy being referred to the chief of police and the other copy to the town building official.
(b)
The chief of police shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character, and, based upon his investigation, either approve or disapprove the application.
(c)
The building official shall inspect all wiring connections to the machine, determine if the same complies with the state electrical code, and shall, based upon his inspection, either approve or disapprove the application.
(d)
No license shall be issued to any applicant unless approved by the chief of police and the building official.
(Code 1970, § 10-125; Res. of 1-19-1982)
Sec. 10-92. - Display, transferability of license.#
(a)
The license herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
(b)
Such license may be transferred from one machine or device to another similar machine upon application to the town clerk to such effect and the giving of a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him.
(c)
A license shall not be transferable from person to person nor place to place, and shall be usable only at the place and by the person designated in the license.
(Code 1970, § 10-126; Res. of 1-19-1982)
Sec. 10-93. - Prohibitions and restrictions.#
No person, firm, corporation or association holding a license under this article shall permit persons under 16 years of age to play or operate any mechanical amusement device as defined in this article, unless said minor is accompanied by a parent or guardian.
(Code 1970, § 10-127; Res. of 1-19-1982)
Sec. 10-94. - Revocation of license; hearing; notice of hearing.#
Every license issued under 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 contrary to the provisions of this article, the ordinances of the town, or the laws of the state. Said license may be revoked by the town council after written notice of hearing to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged, and, after a hearing, if the licensee is found to be guilty of such violations. Ten days' notice of the hearing shall be given the licensee. At such hearing, the licensee may present and submit evidence or witnesses in his defense.
(Code 1970, § 10-128; Res. of 1-19-1982)
Sec. 10-95. - Seizure and destruction of machine.#
If the chief of police shall have reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded, and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor is found guilty, such machine shall be destroyed by the police.
(Code 1970, § 10-129; Res. of 1-19-1982)
Sec. 10-96. - Penalty for violation.#
Any person, firm, or corporation 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 not less than $25.00 nor more than $100.00 for each offense.
(Code 1970, § 10-130; Res. of 1-19-1982)
Sec. 10-97. - Flea markets.#
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Flea market means any indoor or outdoor operation, activity or facility at which three or more persons, for their own account, buy, sell or exchange any tangible personal property from or to the general public on either a casual or regular basis at one or more locations within the town.
Operator means any person who owns, controls or leases the premises, site or grounds at which the activity defined as a "flea market" is conducted.
Vendor means any person who, at a flea market, engages in or conducts the activity of buying, selling or exchanging, for his own account, on a casual or regular basis, any tangible personal property, whether new or used, either alone or in concert with others.
(b)
License required. No person shall be the operator of a flea market without first obtaining from the town council a license authorizing the person to conduct such an activity at a particular location.
(c)
Procedure for license issuance. The town council, before granting a new license under this article, shall hold a public hearing. Notice of the hearing shall be published in a newspaper of general local circulation for two successive weeks prior to the date of hearing. Before posting and publishing the notice, the town clerk shall collect from the applicant the cost thereof, together with the applicable license fee. Notice of the hearing shall contain the name and address of the applicant, the location of the premises sought to be licensed, and the time and place of the hearing, and shall advise the public of the right to remonstrate against the granting of the license. If a license is not granted, the fee shall be returned to the applicant.
(d)
Term and fees. Application for a flea market license shall be on a form provided by the town clerk. Each such license issued by the town council shall expire on June 30 of each year. The license fee to operate a flea market shall be set from time to time by resolution of the town council.
(e)
Operating hours; number of vendors restricted. No flea market shall open before the hour of 8:00 a.m. or remain open after the hour of 9:00 p.m. No flea market shall contain more than 50 vendors.
(f)
Sunday sales permit required. In addition to the license required under this section, any vendor who wishes to operate on a Sunday shall obtain a Sunday sales permit as required by state law.
(g)
Required records; inspection. Every vendor, prior to conducting any business in a flea market, shall provide the operator with the true name of the person who will conduct the business, any alias or fictitious names under which the business is to be conducted, and the names of all employees, whether paid or not. The records required by this section shall be kept current by the operator and shall be made available to the police department upon demand.
(Code 1970, §§ 10-140—10-146; Res. of 9-7-1982; Ord. No. 2013-46, 10-1-2013)
Sec. 10-98. - Flower vendors.#
(a)
Permit required; fee; term. Any person who intends to sell flowers at a location other than his principal place of business and who engages in the business of selling flowers on the streets or the sidewalks of the town shall be duly licensed for such purpose by the town clerk in accordance with the provisions of this section. The fee for a flower vendor's permit shall be set from time to time by resolution of the town council. Flower vendor permits shall expire five days from the date of issuance.
(b)
Application; authority to use location. An application for a flower vendor's permit will be sworn to and shall be filed in the town clerk's office no less than 21 days prior to the time when the permit applied for shall become effective. The application, and any permit issued thereon, shall specify the location where the flowers are intended to be sold. The applicant shall provide evidence with the application that he has the authority and permission form the property owner to sell flowers at the location designated on the application. Only one permit shall be issued per location.
(c)
Prohibited locations. No flower vendor permit shall be granted for a location within the town that is within 3,000 feet of a licensed retail florist or greengrocer, or within 3,000 feet of places of worship one-half hour before, during or one-half hour after services or activities within such places of worship. No flowers shall be sold within 1,000 feet of the intersection of two or more arterial streets (those having a right-of-way width of 60 feet or greater) or from any location from which such activity would restrict or interfere with the ingress or egress of abutting property owners, create a public nuisance, increase traffic congestion or delay, constitute a hazard to life and property, or obstruct adequate access to fire, police or safety vehicles, to include, but not be limited to, ambulances and rescue vehicles.
(d)
State sales tax permit required. The applicant shall have a valid state sales tax permit, which shall be presented at the time of application.
(e)
Transfer of permit. No permit issued under this section shall authorize any person other than the applicant named therein to act thereunder.
(f)
Violations and penalties. Should any applicant violate the terms and conditions of this section, he shall be presented with a summons to appear before the municipal court and be subjected to fines not to exceed $1,000.00.
(Code 1970, §§ 10-147—10-154; Ord. No. 2005-11, 5-24-2005; Ord. No. 2013-46, 10-1-2013)
State Law reference— Authority to regulate, G.L. 1956, § 5-11-1.1(b)(2).