[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook as Ch. 5, Art. II, of the 1967 Code of
Ordinances, as amended 5-7-1973 and 5-19-1980 by L.L. No. 6-1980. Other amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any part of a building, structure, room or enclosure within
which is located, maintained or operated for the amusement, patronage
or recreation of the public for which a fee, charge or other consideration
is imposed an amusement game of any description and particularly,
but not by way of limitation, the type commonly known as "bagatelle,
baseball, football, pinball and electronic video games."
[Amended 11-30-1981 by L.L. No. 12-1981]
Any game involving an element of skill or chance which is
operated or may be operated by the insertion of a coin or any other
object and particularly, but not by way of limitation, the type commonly
known as "bagatelle, baseball, football, pinball and electronic video
games," for which a fee, charge or other consideration is imposed,
directly or indirectly; also, any machine or apparatus, whether manually,
mechanically, electronically 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 a game involving any element
of chance, skill or knowledge may be played by one or more persons
singly or collectively, for which a fee, charge or other consideration
is imposed.
[Amended 11-30-1981 by L.L. No. 12-1981]
Any person who owns, places, distributes or locates an amusement
center game in any place in which it is operated for the amusement,
patronage or recreation of the public.
That portion of the area of a building that is open to the
public and which is not occupied by equipment such as, but not limited
to, batting cages, miniature golf areas, ice skating rinks, roller
skating rinks, bumper car areas or bowling alleys.
[Added 4-18-1994 by L.L. No. 4-1994]
Any amusement center game (as defined in this section) which
uses or employs a video screen or similar means of display or which
uses or employs a screen, monitor, terminal, headset, eyeglasses or
any other device on or by means of which video, electronic or other
similar visual images appear. The term "video game" includes, but
is not limited to, devices commonly known as "video games" and "electronic
video games" or any device employing technology now know as "virtual
reality." The term "video game" does not include games commonly known
as "pinball machines."
[Added 4-18-1994 by L.L. No. 4-1994]
[Amended 11-30-1981 by L.L. No. 12-1981]
The purpose of this chapter is to promote and
protect the public health, welfare and safety by regulating the establishment
of amusement centers and the operation of amusement center games.
It is intended to protect property values, create a more attractive
economic and business climate, enhance and protect the physical appearance
of the community, reduce hazards and curb the deterioration of community
environment. No person shall maintain or operate an amusement center
game without first having obtained a license to do so.
[Added 11-30-1981 by L.L. No. 12-1981; amended 4-18-1994 by L.L. No. 4-1994]
A.
No more than two such amusement center games or devices
shall be licensed under this chapter for maintenance, exhibition or
use in or upon the same premises at any one time. Any licensee having
three or more licensed games or devices in or upon the same premises
on the effective date of this chapter may continue to maintain and
operate such licensed games or devices up to the 31st day of July
1986, after which date no more than two such licensed games or devices
may be licensed or operated.
No license shall be issued under this chapter
to any person who has been convicted of a crime or of any gambling
offense against the laws of the State of New York, and, in the event
of any such conviction subsequent to the issuance of said license,
said license shall be immediately revoked.
[Amended 4-18-1994 by L.L. No. 4-1994]
The Village Clerk is hereby authorized to issue
a license for the maintenance and operation of an amusement center.
[Amended 11-30-1981 by L.L. No. 12-1981; 12-2-2002 by L.L. No. 6-2002]
The fee for an amusement center license shall
be in such amount as set by resolution of the Board of Trustees.
An amusement center license shall expire on
the 31st of July next succeeding the date of issuance thereof, and
all tags and seals issued as a part of said license shall expire on
the same date.
A license to conduct an amusement center may
be revoked by the Mayor for violation of any of the provisions of
this chapter.
Every owner or operator of an amusement center shall, within 24 hours of the placement in his establishment of any amusement center games as the same are defined in § 66-1, notify the Village Clerk of such fact.
[Amended 4-18-1994 by L.L. No. 4-1994; 12-2-2002 by L.L. No.
6-2002]
Owners or operators licensed hereunder shall
be required to purchase from the Village an annual tag or seal for
each game in operation in an amusement center. Said tag or seal shall
be affixed to the game in a prominent place and shall bear a serial
number and shall be valid only during the calendar year in which it
is issued.
Tags or seals affixed as provided by § 66-9 may be removed from one game and affixed to another maintained by the same licensed owner or operator.
Every licensee hereunder shall maintain good
order in and around the premises licensed.
[Amended 4-18-1994 by L.L. No. 4-1994]
No cash awards shall be made in any contest,
tournament, league or individual play on any game maintained or operated
in an amusement center, and no device shall be permitted to operate
if said device delivers to the player coins, slugs or metal, plastic
or other tokens on certain scores or if said device may be readily
converted to deliver to the players such coins, slugs or metal, plastic
or other tokens.
[Added 11-30-1981 by L.L. No. 12-1981]
A.
It shall be unlawful to keep an amusement center open
for business or to operate or permit the operation of any amusement
center game before 11:00 a.m. and after 11:00 p.m. on any day preceding
a day on which schools are open; otherwise, the closing hour shall
be 12:30 a.m.
B.
No person under 12 years of age shall be permitted
to operate any such device by the licensee or any person in charge
of the premises on which any such licensed device is located during
school hours, unless accompanied by a parent or responsible guardian.
[Added 11-30-1981 by L.L. No. 12-1981]
Any person violating any provision of this chapter shall be subject to the penalties prescribed in Chapter 1 of the Code of the Village of Lynbrook. In addition to these penalties, the Mayor may revoke the license(s) for any and all of the licensed amusement games or devices on the licensee's premises.
