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(A) Whenever the Town Clerk or Chief of Police determines that a permittee or any of the permittee’s servants, agents or employees in the use, operation or maintenance of any mechanical amusement device or electrical mechanical amusement device is violating or attempting to violate any law of the state or any provisions of this chapter or if, in the opinion of the Chief of Police, it is deemed necessary for the protection of minors or any members of the public, the Chief of Police shall issue a written summons specifying the particular charge to the owner or operator of such establishment, citing same into Town Court.
(B) The Chief of Police shall provide written notice to the owner or operator if found guilty in Town Court on three or more violations in any one year (12 month period), a hearing shall be conducted before the Board of Mayor and Aldermen on temporary suspension and permanent revocation of licenses. The hearing shall be heard at such time as the Board shall designate and the Mayor and Town Administrator shall notify the permittee of the date, time and place of the hearing, in writing. Notice of the meeting shall be provided at least ten days prior.
(C) Prior to such hearing, the Town may conduct an inspection of the machine placement, external electrical components or such other components necessary to determine whether or not such safety threat exists. The owner or operator of such device may agree to remove such machine, in which case no hearing shall be required.
(`83 Code, § 5-916)