Section 10 060 003 - AMUSEMENT AND MUSIC MACHINESSection 1.75011 Definitions The definitions set forth in this section apply to all regulations issued under Chapter 201 of Title 32 of the Vermont Statutes Annotated.
(a) "Operator": An Operator is an individual, corporation, partnership or other entity who either (1) maintains for use, or permits the use of, an Amusement Machine or a Music Machine on any place or premises occupied by him, or (2) operates a Concession.(b) "Amusement Machine": An Amusement Machine is an amusement or gaming machine or device into which may be inserted money or other object for which money is paid and which may be operated by the player in attempting to make a score or reach a standard.(c) "Music Machine": A Music Machine is a coin-operated machine, apparatus or device into which directly or by remote control boxes may be inserted money or other object for which money is paid, and from which musical, vocal or visional entertainment is emitted.(d) "Concession": A Concession is an area set aside at a fair or carnival where Amusement Machines or Music Machines are placed in use.(e) "Amusement Machine License": An Amusement Machine License is the license required of an Operator for the use of an Amusement Machine on a premises occupied by an Operator.(f) "Music Machine License": A Music Machine License is the license required of an Operator for the use of a Machine on a premises occupied by an Operator.(g) "Concession License": A Concession License is the license required of the Operator for the operation of a Concession.Section 1.75012 Amusement Machine and Music Machine Licenses (a) Calendar year. Amusement Machine and Music Machine Licenses shall be issued on a calendar year basis, with all such licenses expiring on December 31st of each year.(b) Licensee. The Operator of the premises where an Amusement or Music Machine is used shall be the licensee. If the trade name of an Operator at the location of the Amusement or Music Machines differs from the Operator's real name, the trade name shall be used for the license for that location.(c) License fee. The Operator shall pay a nonrefundable license fee of $ 100.00 for each Amusement Machine and $ 25.00 for each Music Machine at each location. An Amusement Machine or Music Machine License may be issued for more than one Amusement Machine or Music Machine upon payment of the requisite fee for each such machine, but a single license shall not be issued for both types of machines. If any additional Amusement or Music Machines are placed in service after the original license is issued, an additional license fee shall be required for each machine. License fees shall be prorated for Amusement or Music Machines placed in service on or after June 1st according to the following schedule: | Amusement | Music |
| Machines | Machines |
June 1 - August 31: | $ 75.00 | $ 15.00 |
September 1 - December 31: | $ 50.00 | $ 15.00 |
(d) Nontransferability. Amusement Machine and Music Machine Licenses are issued to Operators by location and may not be transferred to other Operators or locations.(e) Replacement machines. As long as the number of machines in use at a location does not exceed the number of machines licensed by the Operator for that location, individual machines may be replaced with other machines of the same type (Amusement or Musical) at that location.Section 1.75013 Penalties The penalties set forth in this section shall apply to Operators who fail to obtain proper Amusement Machine or Music Machine Licenses. The penalties shall not apply to Operators who fail to obtain proper Concession Licenses.
(a) Unlicensed machine. For each Amusement Machine placed in use by an Operator or available for use at the premises of the Operator without payment of the required license fee, a penalty of $ 75.00 shall be imposed, and the required license fee shall be collected. For each Music Machine placed in use by an Operator or available for use at the premises of the Operator without payment of the required license fee, a penalty of $ 15.00 shall be imposed, and the required license fee shall be collected. No proration of a penalty shall be made even if a license fee is prorated.(b) Available for use. A machine shall be considered to be available for use if it is located at an Operator's premises in an area accessible to the Operator's customers. A machine may be considered available for use regardless of whether it is conected to electricity. A machine which is not in working condition will not be considered available for use.(c) Display of licenses. Licenses must be displayed in a conspicuous manner near the location of the machines. If a proper license is not displayed in the required manner, an assessment of penalties and fees may be made.Section 1.75031 Concession Licenses (a) Time period. A Concession License shall expire one week after the date of issuance.(b) Licensee. The Operator of the Concession shall be the licensee. If it cannot be determined who the Operator of a Concession is, it shall be presumed that the operator of the fair or carnival where the Concession is located is the Operator of the Concession.(c) License fee. The Operator of the Concession shall pay a nonrefundable license fee of $ 50.00 for each Concession for each week of operation or part thereof.(d) Nontransferability. Concession Licenses are issued to Operators by location and may not be transferred to other Operators or locations.(e) Machines licensed. A Concession License authorizes the use of any Amusement Machine or Music Machine within the Concession.(f) Display of license. A Concession license must be displayed in a conspicuous manner near the location of the machines in the Concession. A Concession License may be displayed on one machine in the Concession. Statutory Authority: 32 V.S.A. Chapter 20110-003 Code Vt. R. 10-060-003-X
Adopted: February 18, 1983
Effective Date: March 5, 1983 (Secretary of State Rule Log # 83-8)