[HISTORY: Adopted by the Board of Trustees of the Village of Babylon 11-13-1984 by L.L. No. 6-1984 (Ch. 55 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Entertainment — See Ch. 136.
Licensing — See Ch. 215.
This entire chapter shall be deemed an exercise of the police power of the State of New York and of the Village of Babylon for the protection of the economic and social welfare, the preservation of peace and good order and of the public health of the Village of Babylon.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT DEVICE
Any coin-operated mechanical or electrical device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement or which may be so used. The term "amusement device" includes but is not necessarily limited to pinball machines, electronic games, bagatelle and similar devices. The term "amusement device" does not include jukeboxes.
DISTRIBUTOR
Any person, firm, or corporation, partnership or association which sets up for operation by another any device as herein defined, whether such setting up for operation, leasing or distributing is for a fixed charge or retail or on the basis of a division of the income derived from such device, or otherwise.
PERSON
Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups of any members, officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
PREMISES
Any public or quasi-public place, building or store where the public may enter.
PROPRIETOR
Any person, firm, corporation, partnership, association or club which, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.
No person, firm or corporation shall engage in the business of a distributor or proprietor of coin-operated amusement devices, as the terms are herein defined in the Village of Babylon, without first having obtained the proper license therefor.
A. 
Any person desiring to obtain a license shall file each application with the Clerk, in duplicate, and shall specify:
(1) 
The name, address, social security number and telephone number of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses, social security numbers and telephone numbers.
(2) 
The addresses of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place.
(3) 
The name, address and social security number of the registered agent of the applicant upon whom service of process is authorized to be made.
(4) 
The name, address, social security number and telephone number of the manager of the applicant who shall be in charge of the applicant's business in the Village of Babylon.
(5) 
With respect to each person whose name appears on the application, the fact of conviction in any jurisdiction of any offense which under the laws of New York is denominated a misdemeanor, a high misdemeanor or an offense involving moral turpitude and/or the fact of conviction in any jurisdiction of any offense which under the Penal Law is denominated as a crime of the first, second, third or fourth degree, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings and penalty imposed.
(6) 
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number of each such device.
B. 
The application shall contain a certification under oath, made by the applicant, that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
C. 
The Clerk shall promptly forward a copy of the application to the Building Inspector for investigation, review and reports. The purpose of this investigation shall be to establish that the applicant is capable of conducting the proposed business of distributing or operating amusement devices within the Village in a manner consistent with the public safety, good morals and general welfare of the community and that all those persons involved in such business can reasonably be expected to operate the proposed business in accordance with law and free from gambling and other illegal or immoral impact or unwarranted noise and commotion.
A. 
The license fee for each distributor shall be as set from time to time by resolution of the Board of Trustees. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The license fees for each proprietor shall be as set from time to time by resolution of the Board of Trustees as follows: a fee per year for the first device and a fee for each additional device used or played or exhibited for use or play. [2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
All license fees shall be payable annually in advance and shall accompany the application, provided that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee.
D. 
All licenses shall expire of the 31st day of December of each year.
E. 
All licenses shall be posted in a conspicuous place on the premises.
A. 
No license shall be granted for any premises on which an amusement device is to be located if such premises is located within 200 feet of the lot lines of a public or private school or church.
B. 
No license shall be issued to any person who has been convicted of a crime or of any gambling offense against the laws of the State of New York or ordinances of the Village of Babylon, and in the event of any such conviction subsequent to the issuance of said license, said license shall be immediately revoked.
C. 
No proprietor's license shall be granted unless the licensed premises shall meet all requirements of the fire, housing, building, sanitary and electrical and plumbing requirements of the Village of Babylon.[1]
[1]
Editor's Note: See Ch. 96, Building Construction and Fire Prevention; Ch. 199, Housing Standards; and Ch. 133, Electrical Inspections.
A. 
Upon proper application and submission of the appropriate fees, the Clerk shall issue a license.
B. 
A license issued under the provisions of this chapter shall expire on December 31 of each year and will be renewed by the Village Clerk upon receipt of a renewal fee in the same amount as the original application.
A. 
No minor under 16 years of age during regular school hours shall be allowed to operate any device regulated by this chapter unless said minor is accompanied by his or her parent or guardian. This provision shall not apply to establishments regulated by the State Liquor Authority.
B. 
No cash awards shall be made in any contest, tournament, league or individual play on any game maintained or operated in any amusement center, and no device shall be permitted to operate if said device delivers to the player coins or slugs or metal tokens on certain scores, if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York, or if said device may be readily converted to deliver to the player such coins, slugs or metal tokens, if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York.
C. 
The location and/or operation of more than three amusement devices on any one premises which is regulated by the State Liquor Authority is prohibited. All other premises shall be limited to operation of two amusement devices and are permitted to make application to the Board of Trustees to permit the operation of more than two devices.
D. 
No license shall be transferred from one location to another and no license shall be transferred from one device or game to another.
E. 
No license shall be issued for any premises where no other business is transacted. Said devices may only be an adjunct to primary business on said premises.
Any license issued under the provisions of this chapter may be suspended or revoked by the Board of Trustees if the applicant has violated the provisions of this chapter or made a false statement on the application for license or if the use and operation of the device constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.
A. 
Any proprietor who owns or leases such devices or devices at the time this chapter becomes effective shall file with the Clerk evidence of such ownership or lease prior to the issuance of permit.
B. 
Any proprietor purchasing or leasing a device after the effective date of this chapter shall file with the Clerk evidence of ownership or leases thereof before exhibiting or placing said device or devices for use or play.
Any person committing an offense against any provision of this chapter shall 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).