Article 01: General Provisions

27-1.  Purpose and Intent.

RSA 31:41d establishes the authority for "Towns to adopt bylaws regulating and licensing the location and operation of coin operated amusement devices, including pinball machines".

27-2.  Definitions.

A.  Amusement  Center:   The term  "amusement  center" shall  mean any premises having thereon  available for  use  by the general public five (5) or  more amusement devices as defined below.    

B. Amusement  Device:   The term  "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 and whether or not  skill  is used  in its operation.  It shall include but  not be  limited to 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 rides or devices  which solely produce music.

C.  Person,  Firm, Corporation, or  Association:   The terms “person", "firm", "corporation" or "association" shall include any of those  entities or   combinations  thereof  owning  an   amusement device, or maintaining an establishment where  one or  more amusement  devices  are  available   for general use by the public, or having control  over  such an establishment.

27-3.  Gambling Devices Not Permitted.

Nothing in this ordinance shall in any way be construed to authorize, license or permit any gambling devices whatsoever prohibited or regulated by New Hampshire Law.

27-4.  Prohibited Practices.

A.  Persons under the age of sixteen (16)  years may operate  amusement  devices  unaccompanied  during non‑school hours but not later than 9:00 P.M. daily.  During school hours, persons under sixteen (16) years of age shall not operate  amusement devices unless accompanied by a parent or guardian.  It shall be the duty of the manager and employees of an establishment where amusement devices are present to ascertain the age of each person operating or wishing  to operate an amusement device.

B.  No prizes of material value may be given or sold at a nominal fee for any   reason whatsoever pertaining to a high score, matching number, or any other outcome of an amusement device game.

27-5.  License Required.

A.  No person, firm, corporation, or association  may allow to be operated any amusement device without first obtaining a license from the Durham Town Administrator.

B.  The Durham Town Council may establish from time to time reasonable licensing requirements, but in no event shall those requirements contain less than the following:

           1.  That the applicant or applicants are eighteen (18) years of age and of good moral character, as reasonably determined by the Chief of Police.

           2.  That a full description of the premises is submitted, with a statement that such premises will be operated in accordance with all applicable local ordinances.

           3.  That the applicant will report the number of proposed amusement devices, and that should such number exceed the original number, an additional fee shall be paid for each such device.

C.  License  Fee:   The  applicant shall pay fifty dollars ($50) per year or any part thereof per device, provided that the applicant may at his discretion  remove and replace any device at will without further payment of a fee. In other words, the license fee shall be determined by the maximum number of devices present on any day of the year, and not by the total number of different machines present during the entire year.

D.  Amusement Center Management Plan:  Any application for an amusement center license shall contain a management plan containing at least the following:

           1.  The number  of  qualified  employees  to  be present at all times;

           2.  Procedures for determining the ages of patrons;

           3.  A plan to control loitering and bicycle parking in the vicinity of  the amusement center; and

           4.  A description of proposed operations to show proper control of noise, glare and overcrowding.

E.   Duration:  Licenses shall be effective from the date granted until December 31 of the year granted. Any amusement center now in operation must pay all fees and apply for a license within thirty (30) days of the effective date of this ordinance. Owners of establishments with fewer than five devices now in operation must file in a like manner and pay all fees.

F.   Renewal:  Each license will be reviewed annually by the Town Administrator and renewed upon payment of  fees if the person, firm, corporation or association applying for renewal has been found to comply with the provision of the ordinance.

G.  Revocation or Suspension: Such license may be revoked or suspended at any time upon a determination of the Town Administrator that repeated incidents of noncompliance with the provisions of this ordinance have been committed by  the license holder, his agent, or employee. Such revocation or suspension shall be carried out by the Town Administrator only after due  notice and hearing.

H.  Additional Requirements: The Durham Town Council may from time to time amend this  ordinance to modify, add, or delete any  provisions  thereof. Nothing in this ordinance shall be  construed to abrogate, limit, or contradict any State or federal law or regulation.

27-6.  Penalty.

Any  person, firm, corporation or association found to have violated this ordinance shall be guilty of a violation as defined by New Hampshire Revised Statutes Annotated.