[HISTORY: Adopted by the Board of Trustees of the Village of West Haverstraw 3-3-1971 as Secs. 3-16 through 3-33 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 79.
Games of chance — See Ch. 118.
Licenses and licensing — See Ch. 135.
This chapter shall be known as the "Amusement Parlor Law of the Village of West Haverstraw."
The Village Board of Trustees shall provide for the enforcement of the provisions of this chapter. The designated official or any other person authorized by the Village Board of Trustees shall have the right to enter upon any premises used as mentioned in this chapter at all reasonable times for the purpose of inspection and enforcement of this chapter.
The provisions of this chapter shall not apply to vending machines, such as candy, cigarette, soft drink or milk machines.
[Amended 5-5-1982 by L.L. No. 1-1982]
A. 
It shall be unlawful for any person to engage, conduct, manage, operate or cause to be conducted, managed or operated within the limits of the Village, any amusement parlor, billiard parlor, poolroom, penny arcade, pinball or amusement machine parlor or the like without first obtaining an annual license from the Village Board of Trustees as provided by this chapter.
B. 
It shall be unlawful for any person to allow or permit the installation, maintenance or operation of, or use of any amusement machine in any commercial, retail, food, recreational, business or other establishment or the like within the limits of the Village of West Haverstraw without first obtaining an annual license from the Village as provided in this chapter.
C. 
When any application for an annual license pursuant to Subsection B is made, in addition to any other provision of law or of the Code of the Village of West Haverstraw, the Village Board or a designated official or board thereof shall consider the following regulations:
(1) 
Amusement machines shall be any machine operated or played for amusement.
(2) 
Any person who has been convicted of a crime or a gambling or drug related offense may be denied an annual license.
(3) 
Machines shall be accessory to a principal permitted use in an established business with a general maximum of three amusement machines for each establishment, with the exception of large retail or recreational or sports centers, which may be allowed more than three machines depending on the size of the establishment.
(4) 
The applicant shall submit a sketch at scale of one inch equals 10 feet showing the physical location of proposed amusement machines and the relationship to other activities within the place of business.
(5) 
In any establishment, no more than one amusement machine shall be licensed under these regulations for each 750 square feet of active retail or service floor space in any location wherein such devices are to be operated, used or maintained.
(6) 
Amusement machines shall not be located as to obstruct aisleways, entranceways, exits or checkout counters.
(7) 
There shall be maintained a six-foot aisle for passageway, three feet on each side of a machine, and each machine shall be at least 10 feet from a checkout counter.
(8) 
No machine shall block fire extinguishers, fire lanes, fire exits or other emergency equipment or areas.
(9) 
Nonconforming establishments with machines prior to enactment of these regulations shall not be bound by these regulations but shall be bound by the license fee and machine fee hereinafter mentioned.
(10) 
The operation of and use of all machines shall be supervised at all times by the owner or operator of the establishment where the machines are located or by an adult employee.
Any person desiring to procure a license as provided in this chapter shall file with the Village Clerk or the Board of Trustees of the Village an application, in duplicate, in writing, on a form to be furnished by the Village Clerk or the Village Board of Trustees, which shall give the following information:
A. 
The name and description of the applicant.
B. 
Address (legal and local).
C. 
A brief description of the nature of the business.
D. 
If employed, the name and address of the employer and a statement of the exact relationship.
E. 
The duration of time for which the right to do business is desired.
F. 
If a vehicle is to be used, a description of the same, together with the license number or other means of identification.[1]
[1]
Editor's Note: Original Sec. 3-25(7) of the 1971 Code, requiring a statement of criminal offenses, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 7-1-1981 by L.L. No. 2-1981]
A. 
At the time of filing of an application for a license pursuant to this division, a fee as set forth in Chapter A255, Fees, shall be paid to defray the cost of the investigation required by § 68-2.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
The permit fee for each machine allowed pursuant to § 68-4 of this chapter shall be as set forth in Chapter A255, Fees.
[Amended 8-21-1985 by L.L. No. 6-1985[2]]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
In the event that a license shall be issued for 1/2 year or for any length of time less than 1/2 year duration, the fees shall be 1/2 the amount set forth above, and upon the expiration of the duration of time stated in the license, the license shall be thereafter null and void.[3]
[3]
Editor's Note: Original Sec. 3-27, Investigation of applicant; issuance, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The licenses issued by the Village Board of Trustees under this chapter shall be numbered in the order issued and shall state clearly and legibly thereon the date of issuance, the date of expiration, the signature of the issuing officer, the name and address of the licensee, a description of any vehicle used in connection with the business and the amount of the fee paid.
Every licensee under this chapter shall immediately display such license upon request by the proper and authorized officers of the Village Board of Trustees or proper and authorized police officers and keep the same in the vehicle used in connection with such business, if such is the case, at all times while the license remains in force.
It shall be unlawful for any person to deface, mutilate, destroy or in any way alter such license.
Whenever a license issued under this chapter shall be lost, destroyed, defaced or mutilated beyond legibility, without fault on the part of the licensee, his agents or employees, a duplicate in lieu thereof under the original application may be issued by the Village Clerk upon payment of a recording fee as set forth in Chapter A255, Fees.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
No license issued under the provisions of this chapter shall be used at any time by any other person than the one to whom it was issued.
All licensees under this chapter are required to exhibit their Village license at the request of any citizen.
A. 
The Board of Trustees or its designated official of the Village may at any time after giving notice to the licensee under this chapter and an opportunity to be heard revoke any license for any false statement contained in any application for such license, for disorderly conduct, or for the violation of any rule or law of the United States, state or Village. The Village Board of Trustees or its designated official shall cause notice of hearing and the reason or reasons therefor to be served upon the person named in the application as the licensee. Such service shall be by registered mail with a return receipt, directed to the licensee at the licensee's address, or by personal service.
B. 
The Village Board of Trustees or its designated official may revoke any license issued pursuant to the terms of this chapter if the business is in any way carried on in an unsanitary manner or as aforesaid contrary to any of the provisions of this chapter or contrary to any general or special law.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Any person violating any provision of this chapter shall be punishable, upon conviction, by a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or both, for each offense.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.