§ 8-22. Permits.

(a)

Required; fee. An owner, operator or lessee of premises on which an amusement redemption machine is made available to others shall be required to secure an annual amusement redemption machine premises permit by making application, in the form required by this article, which must be approved by the police chief and town council, and paying to the town an annual inspection and amusement redemption machine premises permit fee per machine as set forth in the town fee schedule.

(b)

Nontransferable. The amusement redemption machine premises permits are non-transferable. New owner and operators shall be required to purchase new machine permits.

(c)

Replacement permits. Replacement permits may be purchased from the town, per machine, as set forth in the town fee schedule.

(d)

Expiration and renewal. Annual amusement redemption machine premises permits issued by the town shall automatically expire on December 31 following its issuance, except as otherwise stated herein. Such permit shall automatically expire if the holder thereof sells, transfers equity, or otherwise disposes of such devices. The town shall not refund any portion of an amusement redemption machine permit after the permit is issued, shall it prorate or reduce in amount any fee due to and owing to the town.

(e)

Late penalty. Upon the expiration of a permit, and within 30 days thereof, the permit holder shall obtain a renewal thereof in the same manner as an original permit if he wishes to continue operating premises on which an amusement redemption machine is made available to others. Late renewals shall be subject to an additional fee in an amount equal to 20 percent of the fee due or 20 percent of the previous year's fee, whichever is greater.

(f)

Sealing machines when permit fee is unpaid; release fee. The town shall have the authority to seal any coin-operated machine located at an establishment for which no amusement redemption machine premises permit fee has not been secured. A fee, as set forth in the town fee schedule, will be charged for the release of any machine sealed for nonpayment of the amusement machine premises permit fee.

(g)

Posting. The permit shall be conspicuously posted inside the building.

(h)

Revocation; reissuance. The town shall revoke an establishment's permit when town utilities are disconnected or otherwise terminated. In addition, the town may revoke permit to maintain and operate premises on which an amusement redemption machine is made available to others when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of state law or this article. After such conviction, the license may be reissued if the circumstances leading to conviction have been remedied and the premises are being maintained and operated in full compliance with state law and this article; provided, however, that an owner, operator or lessee of premises on which an amusement redemption machine is made available to others, who is found to be in violation of this article based on a finding that the number of amusement redemption machines exceeds the number for which the premises is permitted shall be required to pay an amount equal twice the difference of the original permit fee and the permit fee required for the number of machines actually on the premises.

(i)

Effect of permit; no certification of legality. By issuing the required permit, the town is not certifying the installation or use of the amusement redemption machines or implying in any way that such machine complies with applicable law. In applying for a permit, the applicant shall acknowledge that the town is not certifying or sanctioning the installation or use of such machines. The town and applicant shall acknowledge that the installation and use of such machines may be found to violate state law. In the event the installation and or use of such machines is found to violate any law, applicant shall acknowledge that any permit fee paid belongs to the town and will not be refunded.

(Ord. No. 2007-04, § 2, 6-24-2014; Ord. of 6-24-2014, § 2; Ord. of 8-2-2016(2); Ord. of 12-6-2016)