Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-7-1983]

§ 76-1 Legislative intent.

The intent of this legislation is to place restrictions on the use of commercial video games in the Town of Babylon in order to curtail school truancy.

§ 76-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL VIDEO GAMES
Pinball machines, electronic video screen games, foosball games, air-hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator.
COMMERCIAL VIDEO GAMES CENTER
A place of business or establishment which has four or more commercial video games on the premises.

§ 76-3 Areas where permitted.

A. 
Commercial video games are permitted in the following districts: an E Business District, an Ea Business District, an Eb Business District, a G Industrial District, a Ga Industrial District, a GB Industrial District, an H Heavy Industrial District, an M.R. Multiple Residence District and an M-H Planned Motel-Hotel District.
B. 
Commercial video game centers shall be permitted in all business zoned districts, all industrial zoned districts and an M-H Planned Motel-Hotel District, subject to the approval of the Zoning Board of Appeals.
[Amended 6-5-1984]

§ 76-4 Operation by minors prohibited at certain times.

No business or establishment under this article shall permit any person under the age of 16 years to operate or play a commercial video game during the school hours on any weekday that the public schools in Babylon Town are in session.

§ 76-5 Issuance of license.

[Amended 3-9-1993 by L.L. No. 1-1993]
A license shall be issued to the owner or lessor of a commercial video game by the Town Clerk.

§ 76-6 Term of license; renewal.

[Amended 3-9-1993 by L.L. No. 1-1993]
A. 
The term of a license issued hereunder shall be for a period of one year. The license shall be renewed one year from the date the license was issued.
B. 
Renewal applications shall be submitted to the Town Clerk at least 30 days prior to expiration of the license. Renewals of licenses shall be effective for the one-year term above described.

§ 76-7 License fees.

A. 
Fees for commercial video game licenses shall be payable annually and shall be based on the number of commercial video games installed in the premises, whether or not such premises constitutes a commercial video game center or not.
B. 
The annual fee for a commercial video game license shall be as follows for each commercial video game on the premises:
[Amended 7-12-1994 by L.L. No. 10-1994]
Number of Machines
Fee for Each Machine
For the first 1 to 20 machines
$50
For the next 21 to 50 machines
$35
For the next 51 to 100 machines
$25
For the next 101 or more machines
$15

§ 76-8 Application for license.

[Amended 3-9-1993 by L.L. No. 1-1993]
Every application for a license under this article shall be made to the Town Clerk on such forms as the Town Clerk deems necessary.

§ 76-9 Suspension or revocation of license.

[Amended 3-9-1993 by L.L. No. 1-1993]
A. 
Grounds. The Town Clerk, after a hearing upon notice at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued hereunder, in his/her discretion, for any of the following causes:
(1) 
A person licensed hereunder making any false material statement in the application for a license.
(2) 
Violation of any provision of this article.
(3) 
Violation of any law, ordinance, rule or regulation applicable to the licensed premises or enforceable by any governmental agency.
(4) 
Conviction of a crime.
(5) 
Failure to provide for the health, safety or welfare of any persons frequenting the licensed premises.
(6) 
Other good cause.
B. 
Notice required. The Town Clerk shall send notice of the suspension or revocation to the person licensed hereunder, and the Town Clerk or his/her duly delegated agent shall attach thereto a statement of his/her reasons therefor.

§ 76-10 Service of notices.

[Amended 3-9-1993 by L.L. No. 1-1993]
Any notice to be given by the Town Clerk under this article shall be deemed to have been duly given when:
A. 
Served personally upon the licensed person or sent by registered or certified mail, addressed to his/her residence.
B. 
In the case of a corporate licensee, served personally upon an officer of said corporate licensee or sent by registered or certified mail addressed to an officer thereof at his/her residence, together with a copy of the notice by ordinary mail to the address of the licensed premises.
C. 
Served personally upon or sent by registered or certified mail upon the agent designated by the licensed person or corporate licensee.

§ 76-11 Display of license.

[Amended 3-9-1993 by L.L. No. 1-1993]
Each license issued hereunder shall be kept conspicuously on the premises and shall, on its face, state the number of machines licensed for said premises and license expiration date.

§ 76-12 License to be nontransferable.

No license issued under the provisions of this article shall be transferred or assigned to any person or used by any other person other than the licensee to whom it was issued, nor shall such license be used on any location other than the location stated in such license.

§ 76-13 (Reserved) [1]

[1]
Editor’s Note: Former § 76-13, Penalties for offenses, as amended, was repealed 6-22-2010 by L.L. No. 8-2010. See now Ch. 1, General Provisions, Art. II, General Penalties.