City of Rensselaer, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Rensselaer 10-20-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 69.
Zoning — See Ch. 179.

§ 73-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT DEVICE
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, slug, token or other article or by paying money to have it activated. This definition shall include, but is not limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, electronic baseball, football, hockey or basketball machines, video games, any and all air-propelled machines or games, shooting games and all games, operations or transactions similar thereto under whatever name they may be indicated, whether or not electronically operated. This definition does not include a jukebox or other machine primarily designed to play recorded music, amusement rides, bowling alleys, pool tables and electronic bowling machines, any device maintained within a dwelling or residence for the use of the occupants thereof and their guests or any device, the possession or use of which is prohibited by law.
CITY
The City of Rensselaer.
GAME ROOM
A building or place containing four or more amusement devices, excepting any nonprofit organization designed, organized and operated under the laws of the State of New York for the public good.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.
PERSON
One or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver, assignee or any other legal entity.

§ 73-2 Number limited; visibility.

A. 
No person shall permit the operation of or maintain for operation more than 30 amusement devices.
B. 
No person shall permit the operation of or maintain for operation any amusement device that is either visible or audible from the street, sidewalk or anywhere outside the enclosed portion of the premises in which the amusement device is located.

§ 73-3 Game room licenses required; classes established.

No person shall maintain or operate a game room in the City unless it is licensed under this chapter. Licenses shall be issued according to the class of the premises where the game room is located.
A. 
Class One premises are those premises where the game room is accessory to a hotel or motel having at least 50 guest rooms, bowling alleys or other commercial establishment.
B. 
Class Two premises are those premises where the game room is a principal business enterprise.

§ 73-4 Application procedure; inspection; restrictions.

A. 
Application.
(1) 
An application for a game room license shall be made to the City Clerk on forms provided by the City Clerk and containing the following information:
(a) 
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. If the applicant is not the record owner of the real property where the game room is to be physically situated, the name and address of such record owner, and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses and telephone numbers. If applicant is not the owner(s), as herein defined, of the amusement devices to be operated in such game room the name(s) and address(es) of such owner(s).
[Amended 12-1-1982 by L.L. No. 4-1982]
(b) 
The address of the premises where the game room is to be operated, together with the character of any other business carried on at such premises.
(c) 
The name and address of the registered agent, if any, of the applicant upon whom service or process is authorized to be made.
(d) 
The name, address and telephone number of the manager, if any, of the applicant, who shall be in charge of the applicant's game room in the City of Rensselaer.
(e) 
The floor area of the game room and the number of amusement devices which applicant proposes to place in the game room.
(2) 
The application shall contain a certification, under oath, made by the applicant, or a principal officer thereof if the applicant is other than a natural person, that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
(3) 
If the establishment of the game room necessitates construction, alteration or remodeling of a premises so that a building permit is required therefor, the application shall not be submitted until such time as the game room license is obtained by the applicant.
B. 
Upon receipt of an application for a game room license, the City Clerk shall refer it, along with a report and recommendation, to the Common Council for its final approval and determination whether the premises comply with the applicable laws, ordinances, rules and regulations. For that purpose, the Common Council or its authorized representative shall have the right to enter upon and inspect the premises during normal business hours.
C. 
No game room shall be licensed under this chapter unless it is located within either a Local Business District or Commercial Industrial District as defined by the Zoning Law of the City of Rensselaer.[1]
[1]
Editor's Note: See Ch. 179, Zoning.
D. 
Game rooms on Class Two premises are not permitted within rooms or space licensed for on-premises consumption of alcoholic beverages or within connected rooms or appurtenant space.
E. 
Except as provided in the New York Correction Law, Article 23-A, no game room license shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, a member, officer, director or holder of 10% or more of the stock of which has been convicted of any crime.

§ 73-5 Approval conditions; license issuances.

A. 
In approving a license, the Common Council may establish conditions to promote and protect the health, safety and general welfare of the City and its inhabitants.
B. 
After approval by the Common Council, the City Clerk shall issue a game room license upon payment of the license fee established in § 73-8. The license shall state:
(1) 
The number of amusement devices permitted in the game room.
(2) 
The maximum number of persons permitted in the game room at any time.
(3) 
Any other conditions or restrictions imposed by the Common Council.
(4) 
The class thereof according to the premises licensed.
(5) 
The hours of operation.

§ 73-6 Game room operation regulations.

A. 
The owner and operator of any game room shall comply with all provisions of law, ordinance, rule or regulation relating to the conduct of business and the use and maintenance of the premises.
B. 
The owner and operator of any game room shall cause the game room license to be posted at all times in a conspicuous place on the premises. All licenses granted under the provisions of this chapter shall be nonassignable and nontransferable.
[Amended 12-1-1982 by L.L. No. 4-1982]
C. 
The owner and operator of any game room shall not permit a greater number of persons in the premises at any time than that permitted by the New York State Building Code.
D. 
The owner and operator of any game room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room shall include but not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages except within Class One premises licensed by the state for on-premises consumption of these beverages.
(3) 
Gambling.
(4) 
The use of marijuana or any controlled substance, possession of which is prohibited by the New York Penal law.
E. 
The owner or operator of any game room shall not permit an amusement game therein to be played or operated after 9:00 p.m. by a person under the age of 16 unless accompanied by and under the supervision of a parent or guardian over the age of 21.
F. 
The owner or operator of a game room shall not allow it to be open or used unless it is under the control of and supervision by a person at least 21 years of age who shall ensure that it is operated in compliance with this chapter.
G. 
The owner and operator of a game room containing more than 15 amusement games shall provide additional supervisory personnel, all of whom shall be at least 18 years of age, adequate to assure orderly operation of the game room at all times.
H. 
The owner and operator of a game room on Class Two premises shall not allow it to be open or the amusement devices therein played on any day between the hours of 2:00 a.m. and 8:00 a.m.
I. 
The owner and operator of a game room shall not allow more amusement devices than the number permitted in the license to be located therein at any time.
J. 
The owner and operator of a game room shall not allow any persons in kindergarten through 12th grade in a game room during the school hours on any weekday that his/her school is in session.

§ 73-7 Amusement device operation regulations.

A. 
The owner of any amusement device within the City shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and the use and maintenance of the premises where it is located (subject premises).
B. 
The owner of any amusement device shall maintain good order on the subject premises at all times. The lack of good order on the subject premises shall include but not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises consumption thereof.
(3) 
Gambling.
(4) 
The use of marijuana or any controlled substance, possession of which is prohibited by the New York Penal Law.
C. 
The owner of an amusement device shall not permit it to be played or operated after 9:00 p.m. by a person under the age of 16 unless accompanied by and under the supervision of a parent or other guardian over the age of 21.
D. 
The owner of an amusement device shall not allow it to be available for use or used unless it is under the control of and supervision by a person at least 21 years of age, who shall ensure that it is operated in compliance with this chapter.

§ 73-8 Fee.

[Amended 12-1-1982 by L.L. No. 4-1982]
The annual fee for a game room license shall be $500 plus $50 for each amusement device contained in such game room.

§ 73-9 Inspections.

A. 
The premises of all game rooms in the City, when open for the transaction of business, shall be subject to inspection by any peace officer acting pursuant to his special duties, police officer, Building and Zoning Administrator or Fire Inspector.
B. 
Any other premises in the City containing amusement devices, when open for the transaction of business, shall be subject to inspection by any peace officer acting pursuant to his special duties, police officer, Building and Zoning Administrator or Fire Inspector.

§ 73-10 License expiration; effective date.

A. 
Game room licenses shall expire one year from the date of issuance. Applications for renewal of game room licenses shall be submitted at least 60 days before the expiration of the existing license.
B. 
All game rooms presently operating under the provisions of any local ordinance, rule, regulation or custom shall be allowed to operate without fee for the remainder of calendar year 1982 under a permissive license automatically granted by this chapter. Such permissive license shall expire at 12:00 midnight on December 31, 1982, and the provisions of this chapter shall control the operation of such game room for calendar year 1983 and thereafter.
[Amended 12-1-1982 by L.L. No. 4-1982]

§ 73-11 License revocation; hearing.

[Amended 12-1-1982 by L.L. No. 4-1982]
A. 
Every license and/or permit issued hereunder is subject to revocation by the Common Council for the violation of any of the provisions of this chapter. Any material misstated or omitted in the license application shall constitute grounds for revocation. The revocation shall occur only after a hearing.
B. 
The licensee shall be given 10 days' notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing, the licensee may submit pertinent information upon his own behalf.

§ 73-12 Penalties for offenses.

[Amended 8-15-1990 by L.L. No. 4-1990]
Any person who violates any provision of this chapter shall be guilty of an offense punishable by a chapter fine of $250 or by imprisonment for not more than 15 days, or both. Each day that a violation exists, occurs or continues shall constitute a separate offense.