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.
[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.
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]
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.
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.
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.
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.