Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 12-21-1981 by L.L. No. 7-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 50.
Dance halls — See Ch. 67.
Games of chance — See Ch. 95.
Gaming devices — See Ch. 97.
Golf courses — See Ch. 105.

§ 43-1 Purpose.

This chapter is intended to preserve and promote the safety, health and well-being of persons and property in the Town of Tonawanda, exclusive of the Village of Kenmore, through the licensing and regulation of entertainment and amusements.

§ 43-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated. All other terms shall have the meanings ascribed to them in regular usage.
AMUSEMENT
Any amusement or entertainment for the use of which a fee is separately charged. The term "amusement" shall not include jukeboxes or machines which vend food, drink, cigarettes, ice or other merchandise. This definition shall not include any amusement owned or operated by the town.
AMUSEMENT DEVICE
Any device used or designated to be operated for entertainment or as a game by the insertion of a piece of money, a coin or a token. The term "amusement device" shall not include jukeboxes or machines which vend food, drink, cigarettes, ice or other merchandise.
BOWLING LANE
A single bowling alley or lane for the use of which a fee is charged.
GENERAL AMUSEMENT
Any amusement as defined herein other than an amusement device, bowling lane, ice-skating rink, miniature golf course, motion picture, musical concert, pool table, roller-skating rink or stage play as defined herein.
ICE-SKATING RINK
An ice rink, whether or not within a fully enclosed structure, for the use of which a fee is charged. This definition shall not include any ice rink owned or operated by the town.
MINIATURE GOLF COURSE
Any miniature golf course, whether or not within a fully enclosed structure, for the use of which a fee is charged.
MOTION PICTURE
Any motion picture shown to the public for a fee.
MUSICAL CONCERT
Any exhibition of music offered to the public for a fee.
OWNER
Any person with legal or equitable title.
PERSON
Any individual, partnership, association, society, syndicate, company, trust or corporation.
POOL TABLE
Any pool or billiard table for the use of which a fee is charged. The term "pool table" shall not include any pool or billiard table operated by the insertion of a piece of money, a coin or a token.
ROLLER-SKATING RINK
A roller-skating rink, whether or not within a fully enclosed structure, for the use of which a fee is charged. This definition shall not include any roller-skating rink owned or operated by the town.
STAGE PLAY
Any theatrical exhibition, whether or not within a fully enclosed structure, for the use of which a fee is charged.
STATE
The State of New York.
TOWN
The Town of Tonawanda, exclusive of the Village of Kenmore.
TOWN BOARD
The Town Board of the Town of Tonawanda.
TOWN CLERK
The Town Clerk of the Town of Tonawanda.

§ 43-3 Licenses.

A. 
A license shall be required prior to the operation of any amusement in the town. Both the owner and operator of a premises, located in the town, upon which one or more amusements are located, shall be responsible for obtaining said license. The license is to be issued by the Town Clerk, after approval by the Town Board, upon payment of the applicable license fee which is computed under § 43-4 of this chapter.
B. 
Prior to the issuance of a license, the owner or operator shall file with the Town Clerk a signed written application therefor, providing the following information:
(1) 
The name, address and telephone number of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses and telephone numbers.
(2) 
The address of the premises where the amusement or amusements are to be operated, together with the character of the business as carried on at such place.
(3) 
The name and address of the registered agent of the applicant upon whom service of process is authorized to be made.
(4) 
The number and type of amusements to be operated on the premises.
(5) 
Any other information as may be reasonably required by the Town Clerk or the Town Board.
(6) 
A certification under oath, made by the applicant, that information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
C. 
The Town Board shall deny any permit application when the use or operation of the proposed amusement or amusements on the premises involved would constitute a violation of any town ordinance or local law. In approving a license, the Town Board may establish conditions to promote and protect the health, safety and general welfare of the town and its inhabitants.
D. 
Any license issued by the Town Clerk may be revoked by the Town Board after a public hearing thereon. Notice of said public hearing shall be served personally on the owner or operator to whom the license was issued by the Town Clerk and shall be published in the official newspaper of the town, both at least five days in advance of said public hearing.
E. 
Licenses issued under this chapter shall expire on the 31st day of December next succeeding issuance. Fees for licenses issued after January 1 of any year shall not be prorated.
F. 
One license shall be issued for a single premises on which one or more amusements are to be operated. Such license shall list the types of amusements authorized to be operated on that premises and, where applicable, the quantity of said types of amusements authorized to be operated. Any owner or operator who permits the operation on the premises of amusements other than those types authorized on said license or in excess of the quantity authorized on said license shall be in violation of this chapter.
G. 
Should the owner or operator of a premises licensed under this chapter want to increase the types or quantity of amusements to be operated on the premises, he shall apply to the Town Board for an amended license. The procedure specified in this section relative to application and approval of a license shall be followed; provided, however, that the owner or operator shall be credited with the amount previously paid when computing the license fee.

§ 43-4 License fees.

A. 
The fee for a license under this chapter for a premises upon which one or more amusements are located shall vary depending upon the number and type of amusements located thereon, as provided in Subsection B.
B. 
License fees shall be computed as follows:
(1) 
For each amusement device located on the premises, a fee of $50 per amusement device shall be charged.
(2) 
For each pool table located on the premises, a fee of $25 per pool table shall be charged.
(3) 
For one or more motion pictures shown on the premises, a fee of $500 shall be charged.
(4) 
For each bowling lane located on the premises, a fee of $25 per bowling lane shall be charged.
(5) 
For one or more miniature golf courses located on the premises, a fee of $500 shall be charged.
(6) 
For one or more stage plays offered on the premises, a fee of $250 shall be charged.
(7) 
For one or more roller-skating rinks located on the premises, a fee of $250 shall be charged.
(8) 
For each musical concert offered on the premises, a fee of $250 shall be charged.
(9) 
For each general amusement located on the premises, a fee of $500 shall be charged.

§ 43-5 Restrictions on use by minors; staffing restrictions.

A. 
The owner and operator of any premises upon which one or more amusement devices are located shall maintain good order at all times.
B. 
The owner and operator of any premises upon which one or more amusement devices are located shall not permit an amusement device to be operated by a person under the age of 16 years between the hours of 10:00 p.m. and 2:00 a.m. unless accompanied by, and under the supervision of, a parent or a responsible person over 21 years of age.
C. 
The owner and operator of a premises upon which one or more amusement devices are located shall not permit an amusement device to be operated or used unless the premises is staffed by at least one person of at least 18 years of age, whose duty it shall be to ensure that the amusement device is operated in compliance with this chapter.

§ 43-6 Zoning district restrictions; hours.

A. 
No amusement shall be allowed to operate in any area of the town zoned First Residential, Second Residential or Multifamily Dwelling; provided, however, that this restriction shall not apply to amusements operating on premises prior to the effective date of this chapter.
B. 
No amusement shall be allowed to operate in any area of the town zoned Restricted Business except pursuant to a special use permit under the Zoning Ordinance of the Town of Tonawanda, New York;[1] provided, however, that this restriction shall not apply to amusements operating on premises prior to the effective date of this chapter.
[1]
Editor's Note: See Ch. 215, Zoning.
C. 
The owner and/or operator of a premises upon which one or more amusements are located shall not permit any amusement to be operated by any person between the hours of 2:00 a.m. and 9:00 a.m. The Town Board shall have authority to grant exceptions to the foregoing provisions where the Board is satisfied that operation during such hours will not interfere with the comfort or repose of any person and is not inconsistent with the purposes of this chapter. In granting any exception, the Town Board may impose conditions thereon.
[Amended 2-8-1982 by L.L. No. 1-1982]

§ 43-7 Posting of license.

A license issued under this chapter shall, at all times for the term for which it is issued, be posted in a conspicuous place on the premises.

§ 43-8 Inspection of premises.

[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer, his deputy and assistants, upon the showing of their credentials and in the discharge of their duties, are authorized to enter any building, structure or premises for which application has been made under § 43-3 of this chapter for the operation of amusements thereon or any building, structure or premises upon which amusements are located.

§ 43-9 Exceptions to provisions.

The provisions of this chapter shall not apply to or include picnics, bazaars, fairs, plays, concerts and kindred amusements wherein the profit ensuing therefrom shall be for the benefit of charity, a religious or benevolent society, a public or private school or for public benefit, or which are conducted by churches, organizations of churches, organized fire departments or United States veterans of any and all former wars, including auxiliaries of such organizations, or any organization the activities of which are not for profit.

§ 43-10 Penalties for offenses.

Any person committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Unless otherwise provided, each day on which an offense occurs shall be deemed a separate violation for purposes of this chapter.

§ 43-11 Enforcement officer designated.

[Amended 3-26-2007 by L.L. No. 2-2007]
In addition to all officials charged with the duty of enforcement of this chapter, it shall be the duty of the Code Enforcement Officer to enforce the regulations and restrictions provided by this chapter.

§ 43-12 Repealer.

A. 
Chapter 4, Amusements, of the Code of the Town of Tonawanda, New York, as adopted December 28, 1938, and amended, is hereby repealed and replaced by this chapter.
B. 
This repeal shall not affect or impair any act done or offense committed or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enforced or prosecuted as fully and to the same extent as if such repeal had not been effected. Furthermore, all actions and proceedings commenced under or by virtue of the ordinance/chapter repealed hereby and pending immediately prior to the date on which such repeal takes place may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed.