Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 114.
[Adopted 10-20-1930, effective 11-1-1930]

§ 80-1 License required; fees.

[Amended 8-18-2003 by L.L. No. 20-2003]
No person shall give any exhibitions or performances for money, or maintain any place of public amusement in the Village of Irvington for which an admission fee is charged, until they shall have obtained a license therefor and have paid to the Village of Irvington a fee as set from time to time by the Board of Trustees.[1]
A. 
For every carnival or every circus performance, $25 per day.
B. 
For conducting in any tent, building or other place temporarily used for exhibition of natural or artificial curiosities or attractions, $5 per day.
C. 
For any theatrical performance to which an admission fee is charged, not wholly conducted by a local society or association and not conducted upon premises licensed under provisions of Subsection D or E of this section, the sum of $10 for each performance.
D. 
For maintaining a building solely for theatrical performances or other public exhibitions, the sum of $150 per year.
E. 
For maintaining and conducting any place wholly devoted to the purpose of a museum, menagerie or exhibition of natural or artificial curiosities, and theatrical representations, the sum of $150 per year.
[1]
Editor's Note: See Ch. 114, Fees and Charges.

§ 80-2 Licensing period.

The annual licenses provided for by Subsections D and E of § 80-1 shall all expire on the January 1 subsequent to their granting, and said license fee shall be payable in advance on January 1 of each year or upon the date of the application therefor for the balance of the year up to the next first of January, and the license fee shall be the same sum no matter in what part of the year it is granted.

§ 80-3 Fire safety inspection; hours of operation; license revocation.

A. 
No building or place shall be licensed for any public exhibition or performance of any character until it shall have been inspected by the Chief of the Fire Department of the Village of Irvington with reference to its means of exits and to its safety as a gathering place for the public and also as to its freedom from fire hazards and as to its equipment with means for the extinguishment of fire, and until said Chief of the Fire Department shall have filed a written report with the Village Clerk recommending the building or place as a safe place for a public gathering with safe and sufficient means of exit and as being free from fire hazards and reasonably protected against fires.
B. 
All buildings and places licensed for public exhibitions under this article shall be at all times subject to the inspection and regulation both of the Chief of Police and of the Chief of the Fire Department, with reference to their safety, their proper means of exit and their freedom from fire hazards and their protection against fire.
C. 
All licenses provided for by this article shall be granted only upon the condition that the Board of Trustees of the Village of Irvington reserves the right to regulate the opening and closing hours of all such buildings and places licensed for public exhibitions or amusements and that such licenses shall be revocable immediately upon the filing with the Village Clerk a report of either the Chief of Police or Chief of the Fire Department that the licensed building or place is for any reason therein stated unsafe for the public gathering or that said licenses have violated the regulations of the Board of Trustees as to the hours at which said building or place opened or closed.

§ 80-4 Issuance of licenses.

Licenses shall be issued by the Mayor and countersigned by the Village Clerk but no licenses shall be issued unless and until the applicant therefor shall have deposited with the Village Treasurer an amount sufficient to pay for the license applied for.

§ 80-5 Effective date.

This article shall be effective November 1, 1930.
[Adopted 7-20-1981 by L.L. No. 1-1981]

§ 80-6 Legislative intent.

The Village of Irvington recognizes that the use and ownership of amusement devices must be adequately controlled so as to prevent public disorder, nuisance, loitering and other acts detrimental to health, safety and welfare of the residents of the Village and in particular to protect the adolescents of the Village against the evils associated with gambling, and this article is intended to provide such control and regulation.

§ 80-7 Definitions.

For the purposes of this article, the following definitions shall apply:
AMUSEMENT DEVICE
Includes but is not limited to any coin-controlled amusement device of any description and, particularly but not by way, of limitation, the type commonly known as "bagatelle," "baseball," "football," "iron claw," "pinball" and "video amusement games."
PERSON
Includes one or more individuals, a partnership, company, corporation, association, society or any other legal entity, and any officer, agent, servant or employee of the foregoing in charge of the premises hereinafter mentioned.

§ 80-8 Applicability.

This article, however, shall include any parcel of land, building, structure, vehicle or any other place where an amusement device may be kept, maintained, exhibited, used or operated.

§ 80-9 Illegal use or purpose prohibited.

No licensed device under this article shall be operated or devoted or permitted by the licensee, holder of a license or any person in responsible charge of such premises to be operated or devoted for or to any use or purpose prohibited by law.

§ 80-10 License required.

No person shall keep, maintain, use or exhibit or permit to be kept, maintained, exhibited, used or operated in or upon any premises in his possession or under his control within the Village a manually or mechanically operated amusement device used or designed in whole or in part for the amusement, entertainment or recreation of the public, without first obtaining a license therefor from the Village Clerk, as provided in this article.

§ 80-11 Application for license.

A. 
A verified application in duplicate shall be made by any person desiring a license required by this section to the Village Clerk for such license, upon blanks to be furnished by him, giving the name and address of the manufacturer of the device, the manufacturer's number, if any, a complete detailed description of the device, including all the mechanical features thereof, the method of its operation, the location by street and number where the device is sought to be licensed, the nature and use of the premises upon which the device is proposed to be kept, maintained, exhibited or operated, the number of such devices already licensed and sought to be licensed upon the same premises, information on similar establishments in the Village and such further information as the Village Clerk may require.
B. 
The application shall also contain a complete statement indicating whether or not any previous application has been made hereunder, whether any license has been received, refused, suspended or revoked, with the circumstances thereof.

§ 80-12 Issuance of license.

The Village Clerk is hereby authorized in his discretion, to issue the license required by this article upon the terms and conditions prescribed in this article.

§ 80-13 Investigation of applicant.

The application for a license under this article shall be referred by the Village Clerk to the Chief of Police for his investigation and recommendation as to approval or disapproval, and he shall forward his recommendation in writing to the Village Clerk. No such license shall be issued without approval of the Chief of Police. The Chief of Police shall cause such inquiries, inspections and investigations to be made as he deems necessary to carry out the intent and purpose of this article, including, but not limited to the device sought to be licensed or which shall be licensed, the premises upon which such device is proposed to be or shall be located and the moral character of the applicant or any person in responsible charge of such premises. In order that the intent and purpose of this article shall be carried out, the control and regulation of such devices shall be under the supervision of the Police Department, and members of the Department may at any and all times, when such premises are open, visit the same and make an inspection thereof.

§ 80-14 Fees. [1]

[Amended 8-18-2003 by L.L. No. 20-2003]
Prior to the issuance of any license under this article, the Village Clerk shall collect a fee as set from time to time by the Board of Trustees for each machine each year, or fraction thereof, for each license application, and a fee for each decal obtained under this article.
[1]
Editor's Note: See Ch. 114, Fees and Charges.

§ 80-15 Number of devices to be licensed.

No more than three devices shall be licensed under this article for maintenance, exhibition or use in the same premises at any one time.

§ 80-16 Decal required.

A license shall be procured under this article for each device. A decal bearing the same number as the license shall be obtained from the Village Clerk and securely attached to each licensed device so that it shall be and at all times remain conspicuous. No amusement device shall be kept, exhibited, used or operated in the Village until and unless such decal shall have been so attached thereto.

§ 80-17 Expiration of license.

Each decal and license issued under this article shall expire one calendar year after its issuance, unless sooner revoked by the Village Clerk.

§ 80-18 Transfer of license or decal.

A. 
No license or decal issued under this article shall be transferred from one device to another, except as hereinafter provided, nor to any person or location other than stated in the application thereof.
B. 
A license and decal issued under the provisions of this article may be transferred either to another device identical in every respect, or to a device of the same general character as that licensed. The provisions of this article with respect to applications, investigations and approval shall apply to all transfers, and no transfer shall be effective until the Village Clerk has issued a certificate therefor. Prior to the issuance of such certificate, the Village Clerk shall collect a fee as set from time to time by the Board of Trustees for each transfer.[1]
[Amended 8-18-2003 by L.L. No. 20-2003]
[1]
Editor's Note: See Ch. 114, Fees and Charges.

§ 80-19 Revocation of license.

Any license granted under this article may be revoked by the Village Clerk, and any decal issued under such license may be recalled and destroyed for any of the following:
A. 
The violation of any of the provisions of this article.
B. 
The violations of any law, ordinance, rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.
C. 
The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use of or operation of the licensed device.
D. 
Upon the conviction of the licensee, holder of a license or any person in responsible charge of said premises of a crime.
E. 
Upon the recommendation of the Chief of Police in writing stating the reasons thereof.
F. 
Otherwise, for cause.

§ 80-20 Procedure for revocation.

A. 
If the Village Clerk determines that the license granted under this article should be revoked and any decal issued under such license should be recalled and destroyed, the Village Clerk, within five days of the determination, must notify the licensee in writing of the reasons for the determination specifying that the license will be revoked in 15 days of the date of the notice. The licensee, within five days of the date of the notice of revocation from the Village Clerk, must in writing request a hearing before the hearing panel to determine the appropriateness of the Village Clerk's determination and notice of revocation.
B. 
The hearing panel, consisting of three members of the Village Board of Trustees, must within five days of the receipt of the licensee's demand for a hearing, conduct a hearing to determine whether the licensee's license should be revoked and any decal be recalled. The determination by the hearing panel must be a majority decision. The technical rules of evidence will not apply to the hearing before the hearing panel. The hearing should be recorded by means of a tape recorder.
C. 
At the conclusion of the hearing the hearing panel will deliberate and render a decision on the record.
D. 
The determination by the hearing panel will be final.

§ 80-21 Penalties for offenses.

A. 
Any person violating any provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a penalty of up to $500.
B. 
Each day's maintenance, exhibition or use of any manually or mechanically operated amusement device in violation of the provisions of this article shall constitute a separate offense.
C. 
Whoever attaches, or any person maintaining, operating or in responsible charge of premises upon which a manually or mechanically operated amusement device is kept, exhibited or used, to which device a fictitious decal purporting to be issued by the Village Clerk or a counterfeit of said decal is attached, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a penalty as prescribed above.