Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 10-1-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Cabarets — See Ch. 64.
Zoning — See Ch. 195.

§ 46-1 Licenses required.

A. 
Conduct of public exhibitions. No person shall conduct a public exhibition, including a circus, fair, carnival, rodeo, feat of horsemanship, menagerie, caravan of animals, animal show, exhibition of any natural or artificial curiosity or performance or exhibition of such nature, within the Town of Wawayanda without first obtaining a license for such performance or exhibition from the Town Clerk.
B. 
Operation of certain amusement devices. No person shall operate any premises wherein are located any mechanical amusement devices for the playing of games commonly known as "pinball machines," bowling alleys, shooting galleries, mechanical grabbing machines, billiard or pool tables, mechanical musical devices commonly known as "jukeboxes" or any game, operation or transaction similar thereto, under whatever name it may be indicated, whether or not a prize is offered and whether mechanical, electrical or electromechanical, without first obtaining a license for each such premises from the Town Clerk.

§ 46-2 Applications.

Applications for licenses shall be made upon forms to be supplied by the Town Clerk for that purpose. Applications shall contain the following information:
A. 
For all licenses required by this chapter:
(1) 
The name and address of the applicant.
(2) 
The type of person; whether individual, partnership, corporation or other type of legal person.
(3) 
The age, date and place of birth and citizenship of the applicant and any resident natural agent of the applicant.
(4) 
If the applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.
(5) 
If the applicant is a corporation, the names, addresses and citizenship of all officers.
(6) 
Any prior convictions of the applicant or any resident natural agent of the applicant for violation of any law or ordinance.
(7) 
A statement that the applicant shall comply with all local, county, state and federal requirements.
B. 
For licenses to conduct public exhibitions as required by § 46-1A of this chapter:
(1) 
The proposed location and duration of the exhibition.
(2) 
The nature of the exhibition to be presented.
(3) 
A detailed list of each exhibition, entertainment, performance and/or amusement device to be located on the proposed location of the event.
(4) 
The number of pieces of equipment for music and all loudspeaker devices and other devices for the amplification of sound.
C. 
For licenses to operate any premises wherein are located any amusement devices as defined in § 46-1B of this chapter, the place and description of the machines or devices to be displayed or operated and the business conducted at that place.

§ 46-3 Investigation of applicants; issuance of licenses.

A. 
Upon presentation of an application as provided herein, the Town Clerk shall refer such application to the Town Attorney or other person designated by the Town Board for a full investigation as to the truth of the statements contained therein and as to any or all other matters which might tend to aid the Town Board in determining whether or not such application should be granted.
B. 
The Town Board, upon receipt of a written report by the investigator, shall decide whether or not a license shall be issued, considering among other things the effect of the amusement or exhibition upon the peace, welfare and good order of the Town Board.
C. 
In granting licenses, the Town Board may approve or disapprove each particular exhibition or amusement device and may also approve or disapprove any lighting system or device emitting or amplifying sound used at any exhibition, as well as impose further conditions, the violation of which shall constitute a violation of this chapter and shall subject the violator, upon conviction, to the penalties provided for offenses against this chapter.[1]
[1]
Editor's Note: See § 46-10, Penalties for offenses.

§ 46-4 Renewal fees; refunds.

A. 
An annual license renewal is required on January 1 for places wherein are located any mechanical amusement devices as described in § 46-1B of this chapter. Renewals of such licenses shall require merely the updating of any obsolete information contained in the original application for license, submission of the annual license fee and approval of the renewal by the Town Board. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license. There shall be an annual license fee of $10 for three mechanical amusement devices and $5 for each additional mechanical amusement device.
[Amended 4-1-1982; 4-8-1993 by L.L. No. 2-1993]
B. 
The license fee for each public exhibition as described in § 46-1A shall be $25 for each day such exhibition shall continue, payable at time of application. No renewals of such licenses shall be granted, but subsequent exhibitions by past licensees shall require complete new applications and investigations, unless such requirements shall be waived by the Town Board.
C. 
License fees submitted with applications which are either withdrawn by applicants or denied by the Town Board shall be refundable, less actual costs of investigation incurred by the Town. Unexpended or unused licenses shall not, however, enable the licensee to gain a refund of license fees paid for licenses after such licenses shall have been approved by the Town Board.

§ 46-5 Insurance; indemnification of Town.

Before any license shall be issued for any exhibition or amusement device hereunder, the applicant may, at the discretion of the Town Board be required to secure a public liability insurance policy in such principal sum as the Town Board may deem sufficient to protect members of the public, executed by the applicant and conditioned that the Town will be saved harmless for any injury to persons or property because of fault or default by the licensees. Said policy shall be issued by a bonding company authorized to do business in the State of New York, in form approved by the Town Attorney, and filed with the Town Clerk. A bond or certified check shall be required in the amount of $250 for cleanup and return of property to previous condition. Such bond or certified check shall be returned upon satisfactory inspection by the Superintendent of Public Works.

§ 46-6 Exemptions.

Nonprofit organizations of the Town of Wawayanda, including organizations of a charitable, religious, educational, veteran or firemanic nature, shall be exempt from the fees for licenses required by this chapter but shall be required to secure a license for exhibitions or amusement devices required to be licensed and shall observe all rules of conduct for licensees established herein.

§ 46-7 Rules of conduct.

Licensees shall not permit gambling at any licensed exhibition or on any licensed premises, except as may be permitted by any bingo local law which may hereafter be enacted by the Town Board. Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in § 46-1B of this chapter. No licensee shall permit the giving of any performance of a lewd, suggestive, vulgar or immoral type or the use therein of any indecent or obscene language or any behavior tending to corrupt the public morals or incite the public to break any law or ordinance. No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person, any person under the influence of an intoxicating liquor or narcotic or hallucinogenic drug or any person whose conduct tends in any way to corrupt the public morals to be admitted to or to remain in or about any licensed exhibition or premises.

§ 46-8 Posting of license required; transfer.

A. 
Licensees shall post their licenses conspicuously at the location of the licensed exhibition or on the premises licensed.
B. 
Licensees desiring to transfer their license to new locations within the Town or to change or revise their list of licensed amusement devices shall submit application for such relocation, change or revision to the Town Clerk for approval by the Town Board. No refund of any license fee shall be made if any application for relocation, change or revision is disapproved.
C. 
No license shall be transferable from one person to another.

§ 46-9 Revocation of licenses.

A. 
The Town Board reserves the power to revoke any license issued under the provisions of this chapter at any time in cases in which such licenses were procured by fraud or false representation of facts or for the violation of or failure to comply with any provision of this chapter by any licensee or servants, agents or employees of licensees or the conviction of the licensee of any crime or offense involving moral turpitude or the conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the location or premises licensed.
B. 
In the case of any public exhibition as described in § 46-1A of this chapter, such revocation may be without notice, and upon the service of a notice of revocation by either person, mail or posting on the location for which a license is issued, said public exhibition shall cease operations immediately.
C. 
In the case of any mechanical amusement device as described in § 46-1B of this chapter, the Town Board shall, at least three days before revoking any license, cause to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for license a notice stating the time and place of the hearing concerning the revocation. At the hearing, the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Town Board shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from decisions of the Town Board as provided by law.

§ 46-10 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, in addition to being subject, if a licensee, to having his license revoked as provided in § 46-9 of this chapter, 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.