Village of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 4-5-1982 by L.L. No. 1-1982. Amendments noted where applicable.]

§ 84-1 Purpose.

It is hereby declared to be the policy of the Village of Haverstraw to license and regulate mechanical amusement devices for the purpose of preserving and caring for the safety, health, comfort and general welfare of the inhabitants of the Village of Haverstraw, and visitors thereto who may be attracted to and use such devices, having in mind that many of such users will be young persons of an age requiring more care and attention than those of a more mature age, to the end that order may be maintained, property protected and the purpose, specified herein, preserved.

§ 84-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT CENTER
Any premises which has more than six amusement devices.
AMUSEMENT DEVICE
Any mechanical device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, affects the operations thereof for use as a game, contest or amusement, or which may be so used. The term "amusement device" includes but is not necessarily limited to pinball machines, electronic baseball, pool tables, video machines, skill ball and similar devices. The term "amusement device" does not include jukeboxes.
PERSON
Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups or any members, officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
PREMISES
Any public or quasi-public place, building or store where the public may enter.

§ 84-3 Permit required.

No person shall install or maintain an amusement device, as defined herein, on any premises in the village without having obtained or having in force and effect a permit.

§ 84-4 Permit applications.

A. 
Any person desiring to locate or maintain an amusement device shall file an application to be made out and referred to the Building Inspector. The Building Inspector shall then request a background check for the applicant. The Building Inspector shall also investigate the location wherein it is proposed to operate such machine, determine the number of machines and ascertain if the applicant is a person of good moral character and either approve or disapprove the application.
[Amended 9-8-2015 by L.L. No. 5-2015]
B. 
The application shall contain, at a minimum, the following information:
(1) 
The name and address of the applicant.
(2) 
If the applicant is not the owner of the device, the name and address of the owner of the device.
(3) 
The type of device and the proposed location.
(4) 
The serial number of the seal attached to the device or other identifying information.

§ 84-5 Fees.

[Amended 6-3-1985 by L.L. No. 3-1985]
A. 
Every applicant, before being granted a permit, shall pay an annual fee as set forth in the village schedule of fees.[1]
[Amended 1-18-1994 by L.L. No. 2-1994; 8-11-1997 by L.L. No. 4-1997]
[1]
Editor's Note: See Ch. 132, Fees.
B. 
Each permit granted hereunder shall be granted for an annual permit fee running from April 1 to March 31 of the next succeeding year. The fee for any permit granted for the first year or part thereof shall be prorated accordingly.

§ 84-6 Restrictions on issuance of permit.

A. 
No permit shall be granted for any premises on which an amusement device is to be located if such premises is located within 500 feet of the lot lines of a public or private school.
B. 
No permit shall be issued to any person who has been convicted of a felony or of any gambling offense against the laws of New York State, and, in the event of any such conviction subsequent to the issuance of said permit, said permit shall be immediately suspended pending revocation.
C. 
A permit may be issued to any person who has been convicted of a misdemeanor, provided that the Building Inspector approves said applicant as stated in § 84-4A, and in the event that any such conviction occurs subsequent to the issuance of said permit, said permit may be immediately suspended by the Building Inspector pending revocation.
[Amended 9-8-2015 by L.L. No. 5-2015]
D. 
No permit shall be issued unless the applicant has been approved by the Building Inspector and has paid the fees required pursuant to § 84-5.
[Amended 9-8-2015 by L.L. No. 5-2015]

§ 84-7 Issuance, expiration and renewal of permit.

[Amended 9-8-2015 by L.L. No. 5-2015]
A. 
Upon proper application approval and submission of the appropriate fees, the Building Inspector shall issue a permit.
B. 
Permits issued under the provisions of this chapter shall expire on March 31 of each year and will be renewed by the Building Inspector upon receipt of a fee in the required amount.

§ 84-8 Seal.

[Amended 9-8-2015 by L.L. No. 5-2015]
Upon issuance of the permit, the Building Inspector shall also issue a seal for each device so permitted. Said seal shall contain the name of the applicant, the permit number and the expiration date. The seal shall be affixed to the device in a prominent place by the applicant.

§ 84-9 Use and operation.

A. 
No cash awards shall be made in any contest, tournament, league or individual play on any game maintained or operated in any amusement center, and no device shall be permitted to operate if said device delivers to the player coins or slugs or metal tokens on certain scores, if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York or if said device may be readily converted to deliver to the player such coins, slugs or metal tokens if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York.
B. 
The location and/or operation of more than three amusement devices on any one premises is prohibited, except as an amusement center as defined herein and further subject to zoning restrictions, as set forth in Chapter 245 of the Code of the Village of Haverstraw.
C. 
No permit shall be transferred from one location to another.
D. 
Notwithstanding any inconsistent provision of this chapter, this chapter shall not be deemed to prohibit the number of mechanical amusement devices in excess of three existing on the date of the enactment of this chapter, at any one location. Notwithstanding such exemption as to number, no increase in the number, where more than three exist at any one location on the date of enactment of this chapter, shall be permitted, and all mechanical amusement devices existing on the effective date of this chapter, regardless of their number, at any location, shall be issued a permit in accordance with the provisions of this chapter.
E. 
Any premises which is an amusement center as defined by this chapter shall also be considered a commercial recreation establishment and be further regulated by the zoning restrictions of the Village of Haverstraw as more particularly set forth in Chapter 245 of the Code of the Village of Haverstraw.

§ 84-10 Suspension and revocation of permit.

Any permit issued under the provisions of this chapter may be suspended or revoked by the Board of Trustees if the applicant has violated the provisions of this chapter or made a false statement on the application for permit or if the use and operation of the device constitutes a breach of the peace or menace to the health, safety or general welfare of the public.

§ 84-11 Appeals.

A. 
In the event of a denial of a permit or a subsequent suspension of a permit, the aggrieved person may appeal from said adverse determination to the Board of Trustees. Upon a determination denying an application for a permit or a suspension of said permit, the Building Inspector will send a notice to the aggrieved person by certified mail to the address stated on the application for the permit.
[Amended 9-8-2015 by L.L. No. 5-2015]
(1) 
Twenty days. The aggrieved person will have 20 days from the mailing of a notice of denial or suspension by the Building Inspector to request a hearing before the Board of Trustees. Said request for a hearing by the aggrieved person shall be directed to the Village Clerk and sent by certified mail or personally delivered to said Clerk.
(2) 
Fourteen days. Upon the Village Clerk's receiving a request for a hearing, the Board of Trustees will then hold a hearing within 14 days of said request. A determination by the majority of said board will be final.

§ 84-12 Penalties for offenses.

[Amended 8-11-1997 by L.L. No. 4-1997]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.