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operated amusement devices ordinance
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In the Year One Thousand Nine Hundred Eight-Two
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
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
(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)
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.
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.
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
(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.
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.
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
(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
(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.
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.
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.
Conditions and Restrictions. All licenses shall be subject to
such conditions and restrictions as the Licensing Authority deems
it proper to impose.
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.
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
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
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.
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.
Saving Clause. The invalidity of any provision(s) of this
Ordinance shall not affect the validity of any other provisions.
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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Copyright 1997 by Ed Sanders.