Chapter 3.5 Rules and Regulations for Automatic Amusement Devices
T O W N O F H O L D E N
RULES AND REGULATIONS FOR AUTOMATIC AMUSEMENT DEVICES
ADOPTED November 17, 1980
1. | Application: | One application shall be submitted for each automatic amusement device for which a license is being sought on a form provided by the Town of Holden. Said application shall be accompanied by a floor plan to scale showing the location of the automatic amusement device. |
1.1 | Application for Full Time Amusement Business: | A full time amusement business shall submit one application for each type of automatic amusement device for which a license is being sought on a form provided by the Town of Holden, provided that no more than 10 devices of each type shall be listed on an application (types of automatic amusement devices shall be video machines, pinball machines and other miscellaneous machines). |
2. | Operation on Sunday | No automatic amusement device may be utilized on Sunday without having received a license from the Town of Holden and the Commonwealth of Massachusetts Department of Public Safety. Applications for operation on Sunday are available from the office of the Town Clerk along with information regarding the license fees. |
3. | Limit on the Number of Devices : | The number of amusement devices for which permanent permits may be granted shall be limited to two devices per business unless the business should be a full time amusement business |
4. | Restrictions as to Age: | The licensee shall not allow any devices licensed under these rules and regulations to be operated by any person or persons under the age of 16 unless said person is accompanied by a parent or legal guardian. All licensed machines shall be predominantly posted with a sign with 1" high lettering notifying the public of the age restrictions. |
5. | Code and Public Safety Inspections: | The operation, location and installation of amusement devices shall be subject to inspection and conformity with the requirements of various public safety codes and regulations of the Town of Holden and the Commonwealth of Massachusetts. As such, the devices shall be subject to periodic inspection by Environmental Control, Police and Fire Departments as such departments may determine in the best interest of the Town of Holden. |
6. | Placement of Devices: | All amusement devices shall be placed in full view of the manager of the establishment and shall not block aisles, or other means of access or egress. Additionally, the devices shall be placed in such a position that they may be easily supervised as to use. |
7. | Change of Location : | Prior to relocation of a permitted device, notification shall be given to the Town of Holden Board of Selectmen in writing by submitting a request for approval to the office of the Town Manager. |
8. | Posting of License : | The appropriate license for each device shall be posted in plain view over or adjacent to the appropriate device. |
9. | Zoning : | Issuance and continued exercise of this amusement license shall be subject to applicable zoning regulations of the Town of Holden. |
10. | Insurance : | An insurance policy or copy of an insurance policy must be given to the Town of Holden. The policy coverage shall be in the amount of $100,000 to $300,000 in public liability coverage and $50,000 in property damage coverage. There shall be a 15 day cancellation period notification stated on the policy. The policy shall also note that the Town of Holden and the owner of the premises where the amusement devices are located shall be held harmless. |
11. | Hearings : | The Board of Selectmen of the Town of Holden may at their prerogative hold a public hearing on the granting, renewal or revocation of any automatic amusement device license granted or applied for under the provisions of these rules and regulations. |
12. | Responsibility for Conformance with Statutes : | The applicants or the licensee is responsible for compliance with the various sections of the General Laws as they may be from time to time amended and as such apply to the operation of automatic amusement devices and the exercise of the license granted in accordance with these rules and regulations. |
13. | Fee : | The annual fee for licenses under these rules and regulations for any automatic amusement device licenses issued hereunder to a non-full time amusement business or for any renewal thereof shall be $20.00 annually. The annual fee for a license issued to a full time business shall be $20.00 for each automatic amusement device listed on each application. The fee for any license issued after January 31st in any year shall be prorated on the basis of the number of months in which the license is to be in force in any 12 month period. The fee for every change of device shall be $2.00 (ref. Mass. G.L. Chapter 177A, Section 4). |
14. | Severability : | The provisions of these rules and regulations are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions or other applications thereof. |
ADOPTED: November 17, 1980 HOLDEN BOARD OF SELECTMEN AMENDED: May 12, 1982