[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 4-28-1981 as L.L. No. 7-1981 (Ch. 22A of the 1974
Code). Sections (95-1, 95-2 and 95-7 amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. II. Other amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanical, electronic or computerized contrivance which,
by means of insertion of a coin, token, slug, plate, disc or other
article into a slot, crevice, opening or attachment connected with
or forming a part of such device or contrivance, effects the operation
thereof for use as a game, contest or amusement or which may be so
used.
Includes an individual, corporation, partnership, association
or any other organized group of persons, or legal successor or representative
of any of the foregoing.[1]
Any public or quasi-public place, building or store where
the public may enter.
It shall be unlawful for any person, partnership,
club, association or corporation to have in his or its possession
or to control or to install, operate, maintain or permit to be placed
in any room, space, enclosure or building owned, leased or occupied
by him or it or under his or its management or control any machine,
apparatus or device commonly known as a "pinball machine, or any electronic
or video game or any other machine commonly known as a "pool table,"
"foosball table" or "skittleball" or any other machine, apparatus
or device into which may be or might have been inserted any piece
of money or object without first obtaining a permit therefor. The
fee for such permit shall be fifty dollars ($50.) per year or any
portion of a year per amusement device.
No permit shall be issued to any person who
has been convicted of a crime or of any gambling offense against the
laws of New York State or ordinances of the Town of Clarkstown; and
in the event of any such conviction subsequent to the issuance of
said permit, said permit shall be immediately revoked.
A.
Upon proper application and submission of the appropriate
fees, the Clerk shall issue a permit.
B.
Permits issued under the provisions of this chapter
shall expire on December 31 of each year and will be renewed by the
Town Clerk upon receipt of a renewal fee in the same amount as the
original application.
Upon issuance of the permit, the Clerk shall
also issue a seal for each device so permitted. Said seal shall contain
the name of the applicant and the permit number and expiration date.
The seal shall be affixed to the device in a prominent place by the
applicant.
[Amended 6-8-1982 by L.L. No. 8-1982[1]]
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
by a fine of not more than two hundred fifty dollars ($250.) per device
or by imprisonment for a term not to exceed fifteen (15) days, or
by both such fine and imprisonment. The continuance of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense