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              In the Year One Thousand Nine Hundred Eight-Two

                                       An Ordinance

Regulating and licensing the location and operation of coin
operated amusement devices, including pinball machines.

Be it enacted by the Town of Lancaster Board of Selectmen as
follows:

SECTION 1
Definition of Terms.   As used in this ordinance, unless the
context otherwise indicates:

     (A)  "Amusement Center" shall mean any premises having thereon
     the use by the general public three (3) or more amusement
     devices.

     (B)  "Amusement Device" shall mean 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 electronic games,
     pinball machines, skill ball, mechanical grab machines and all
     games, operations, or transactions, similar thereto under
     whatever name they may be indicated.  The term does not
     include vending machines in which are not incorporated gaming
     or amusement features, nor does the term include any coin-
     operated musical devices or rides.
     
     (C)  "Licensing Authority" shall mean the Board of Selectmen
     or their designee.

     (D)  "Person" shall mean any natural person, firm,
     corporation, partnership, sole proprietorship or association.

     (E)  "Minor shall mean natural persons under the age of 18
     years."   (Amended 7/6/82)

SECTION 2

Gambling Devices Not Permitted.   Nothing in this ordinance shall
in anyway be construed to authorize, license or permit any gambling
or gambling devices not permitted Federal or State law.


SECTION 3

License Required.   No person, shall display for public patronage,
or keep for operation any amusement device as defined by Section 1 
without first having obtained a proper license from the Town of
Lancaster.  All licenses under this ordinance shall expire on April
30th next following their issuance and may be renewed only after
compliance with the procedures established by this ordinance for
the issuance of the original license.

SECTION 4

Amusement Center License.   Applicants having available for use by
the general public at one location three (3) or more amusement
devices shall comply with all requirements of the Ordinance
relating to amusement centers.

     (A)  Management Plan.  The application for an amusement center
     license shall include in addition to other required
     information, a management plan which at a minimum will set
     forth the following:

          (1)   The actual hours of operation;
          (2)   The minimum number of employees on duty at any time
          and the minimum age and qualifications of employees;
          (3)   The maximum number of persons permitted on the
          premises, which number shall not exceed the limits
          established by Fire Prevention Codes or Ordinances;
          (4)   A plan designed to avoid nuisances and insure
          compliance the Town Ordinances;
          (5)   Rules governing the presence of minors
          unaccompanied by an adult;
          (6)   Rules and regulations to be posted on the premises
          governing the operation of the center and conduct of its
          patrons.  These rules should include but not be limited
          to such matters as dress code, consumption or possession
          of alcoholic beverages or controlled drugs, loitering,
          presence of minors during school and evening hours, and
          maximum occupancy.

     (B) Notice, Hearing, Appeal.   The Licensing Authority shall
     not issue a license to an amusement center until ten (10) days
     after publication of notice of the application for the license
     in a newspaper of general circulation in the Town.  During
     this ten (10) day period the Licensing Authority shall accept
     written comments from the public concerning the application. 
     At the end of the ten (10) day period the Licensing Authority
     shall grant or deny the license.  Any person aggrieved by the
     decision of the Licensing Authority to license an amusement
     center may within five (5) days from the date of the decision
     to license, request the Licensing Authority to hold a public
     hearing on the application and to reconsider the decision.  


     (C) Suspension or Revocation.   Any license issued under this
     ordinance may be suspended or revoked for violation of any
     provision of the management plan filed with the Town,

     
     (C) Suspension or Revocation continued.
     violation of any provision of this ordinance or for cause.

SECTION 5

Amusement Device License.   Applicants having available for use by
the general public at one location less than three (3) amusement
devices shall obtain a license for each device pursuant to the
provisions of the ordinance.

SECTION 6

Application.   The application for an amusement center or amusement
device license shall in addition to such information as may be
required by the Licensing Authority contain the following
information:

     (1)  The name and address of the applicant, and if a firm,
     corporation, partnership or association, the principal
     officers thereof and their addresses;
     (2)  The address of the premises where the licensed device or
     devices are to be operated, together with the character of the
     business as carried on at such place;
     (3)  A general description of the type of device or devices to
     be licensed;
     (4)  The name and address of the owner of the device or
     devices, if other than applicant;

No license shall be issued to any applicant unless he shall be over
twenty (20) years of age.

SECTION 7

License Fees.   Every applicant, before being granted a license
shall pay a license fee of twenty-five ($25.00) dollars per year
for each device used or played or exhibited for use or play.  In
addition to the foregoing fee, an applicant for an amusement center
license shall pay a license fee of fifty ($50.00) dollars.  All
license fees shall be payable annually in advance, provided, that
where application is made after the expiration of any portion of
any license year, a license may be issued for the remainder thereof
upon payment of a proportionate part of the annual fee.  In no case
shall any portion of any license fee be repaid to the licensee.

SECTION 8

Transfer of License.  A license shall not be transferable, and
shall be useable only at the place and by the person(s) designated
on the license.

SECTION 9

Conditions and Restrictions.   All licenses shall be subject to
such conditions and restrictions as the Licensing Authority deems
it proper to impose.  

SECTION 10

Location of Amusement Centers.   Amusement centers shall not be
located in a residential zone as delineated on the Lancaster Zoning
Map in effect at the time of the adoption of this ordinance or that
may hereinafter become effective.  Amusement centers shall not be
located on Main Street between Mechanic and Elm Streets and Bunker
Hill and Park Streets.
Amusement centers shall provide off-street, (on-site) parking for
motor vehicles, including motor cycles, all other motorized
vehicles, and for bicycles attracted to the center.  

SECTION 11

Hours of Operation.   Amusement centers shall not open earlier than
9:00 A.M., except Sundays and then not earlier than 1:00 P.M. or
close later that 12:00 A.M. (Midnight), except amusement centers
will be closed to minors not later than 11:00 P.M.  (Amended
7/6/82)

SECTION 12

Restricted and Prohibited Play.   Minors under the age of fourteen
(14) years are not permitted to operate amusement devices unless
accompanied by a parent or responsible adult.  Parental consent in
writing for minors between the ages of eleven (11) and fourteen
(14) years to the owner/operator satisfies the responsible adult
requirement.

SECTION 13

Conflict With Other Regulations.   Whenever the requirements of
this ordinance conflict with any other duly adopted rules,
regulations or ordinances, the more restrictive shall govern.

SECTION 14

Penalty and Enforcement.   Any person violating any of the
provisions of this ordinance shall be guilty of a violation.  The
Board of Selectmen shall enforce this ordinance.

SECTION 15

Saving Clause.   The invalidity of any provision(s) of this
Ordinance shall not affect the validity of any other provisions.

SECTION 16

When Effective.   This Ordinance shall take effect upon it passage.


Adopted this 17th day of May, 1982
   
                                   Larry T. Connary

                                   John P. Martin

                                   Michael W. Beattie

                                   Board Of Selectmen
                                   Lancaster, New Hampshire


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