[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-15-1974
as Chapter 19 of the 1974 Code of the Town of Tonawanda. Amendments noted
where applicable.]
It is hereby declared that the possession, maintenance and operation
in the Town of Tonawanda, outside the limits of the Incorported Village of
Kenmore, of gaming devices, as herein defined, are a menace to the public
health, morals, safety and general welfare of the people of the town and that
such gaming devices encourage and foster gambling among adults and children,
tend to cause juvenile delinquency and corrupt the morals of children and
to breed crime, rackets and gangsterism. The necessity of legislative intervention
by the enactment of the provisions of this chapter is hereby declared as a
matter of legislative determination.
As used in this chapter, the following terms shall have the meanings
indicated:
Any game involving any element of chance which is caused to operate
or may be operated as a result of the insertion of any piece of money or coin
or the insertion of any object for which a fee, charge or other consideration
is imposed, directly or indirectly.
Any machine, apparatus or punchboard, whether manually, mechanically,
electrically or otherwise operated and whether or not affixed or attached
to or installed in any premises or place, in or upon which machine or apparatus
or punchboard a game involving any element of chance may be played by one
or more persons, singly or collectively.
One or more individuals, a partnership, a company, an association
of persons or a corporation.
It shall be unlawful for any person, by himself or by an agent or employee,
to possess or maintain a gaming device or permit the maintenance or operation
of any such gaming device in any premises or place within the Town of Tonawanda,
outside the corporate limits of the Village of Kenmore.
[Amended 5-21-1984 by L.L. No. 8-1984]
A.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter
is committed or permitted to exist shall constitute a separate offense.
