City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Hornell: Art. I, as Art. I of Ch. 4 of the 1970 Municipal Codes; Art. II, as Art. II of Ch. 4 of the 1970 Municipal Code. Sections 95-2, 95-7C, 95-8B and 95-10A amended and § 95-4 added at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 110.
Fees — See Ch. 142.
Games of chance — See Ch. 157.
[Adopted as Art. I of Ch. 4 of the 1970 Municipal Code]

§ 95-1 License required.

It shall be unlawful for any person to conduct for gain and profit any circus or theatrical or musical, exhibition of natural or artificial curiosities or any other performance similar to those enumerated herein without first obtaining a license from the City Clerk.

§ 95-2 License fee.

[Amended 8-26-1985[1]]
Any person to whom a license has been issued under the provisions of this Article shall pay for each day such entertainment shall be continued a license fee as provided in Chapter 142, Fees.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 95-3 Applicability.

The foregoing provisions of this Article shall not apply to amateur performances, concerts or exhibitions or those given for benevolent purposes.

§ 95-4 Insurance. [1]

Any person obtaining a permit under these provisions shall obtain appropriate insurance, as determined by the City Clerk.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions. Art. II.

§ 95-5 Penalties for offenses.

Any person violating any provision of this Article shall be punished as provided in § 1-1 of this Code; and any person owning or controlling any structure where any unlicensed entertainment shall take place or be conducted shall be subject to the same punishment as the person conducting such entertainment.
[Adopted as Art. II of Ch. 4 of the 1970 Municipal Code]

§ 95-6 Definitions.

As used in this Article, the following words shall have the following respective meanings:
AMUSEMENT CENTER
Any place or enclosure where or in which is maintained or operated for the amusement, patronage or recreation of the public any coin-controlled amusement devices of any description not prohibited by law, and particularly, but not by way of limitation, the types commonly known as "iron claw," "bagatelle," "baseball," "football," "pinball amusement games" and record players commonly known as "jukeboxes." "Amusement centers" are subject to all of the provisions of this Article.
AMUSEMENT CENTER GAME
Any coin-controlled amusement device of any description not prohibited by law, and particularly bagetelle, baseball, football, pinball amusement games and record players commonly known as "jukeboxes."[1]
OWNER OR OPERATOR OF AN AMUSEMENT CENTER GAME
Any person who owns, places, distributes or locates an amusement center game in any place in which it is operated for the amusement, patronage or recreation of the public.
[1]
Editor's Note: The former definition of "gambling device," which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 95-7 Amusement center licenses.

A. 
Required. No person shall maintain or operate an amusement center without first having obtained a license to do so.
B. 
Character of applicant. Any person seeking a license to maintain or operate an amusement center shall be of good moral character.
C. 
Fee. The fee for an amusement center license shall be as provided in Chapter 142, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
D. 
Issuance. The City Clerk is hereby authorized to issue a license for the maintenance and operation of an amusement center.
E. 
Expiration. Amusement center licenses shall expire on the 31st day of March next succeeding the date of issuance thereof.
F. 
Revocation. Any license issued to operate or maintain an amusement center may be revoked by the Mayor for violation of any of the provisions of this Article.

§ 95-8 Amusement center game licenses.

A. 
Required; character of license. Every owner or operator of an amusement center game shall be required first to obtain a license, and the licensee shall be of good moral character.
B. 
Fee. The license fee for an owner or operator of amusement center games shall be as provided in Chapter 142, Fees. Such fee shall be payable in advance.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
C. 
Issuance. The City Clerk is hereby authorized to issue a license for owners or operators of amusement center games upon payment of the license fee provided in Subsection B.
D. 
Expiration. Licenses for owners or operators of amusement center games shall expire on the 31st day of March next succeeding the date of issuance thereof.
E. 
Revocation. A license issued to an owner or operator of amusement center games may be revoked by the Mayor for violation of any of the provisions of this Article.

§ 95-9 Restriction on issuance of licenses.

No license shall be issued under the provisions of this Article to any person who has been convicted of a felony or any gambling offense against the laws of the State of New York or the City of Hornell; and in the event of any such conviction subsequent to the issuance of said license, said license shall be immediately revoked.

§ 95-10 Identification of games.

A. 
Tags and seals; fee therefor. Owners or operators of amusement center games shall be required to purchase a tag or seal for each game in operation in any amusement center and shall pay the sum as provided in Chapter 142, Fees, for each tag or seal purchased.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
B. 
Attachment of tag to game; contents of tag. Said tag or seal shall be affixed to the game in a prominent place and shall bear a serial number and the owner's or operator's name or license number.
C. 
Expiration of tags and seals. All tags and seals issued pursuant to the provisions of this Article shall expire on the 31st day of March next succeeding the date of issuance thereof.

§ 95-11 Transferability of identification tag or seal.

The tag or seal provided for § 95-10 may be removed from one game and affixed to another owned by the same licensed owner or operator, provided that notice is filed with the City Clerk within 24 hours of each transfer by giving the serial number of the tag or seal and the serial number and name of the game from which the tag or seal has been removed, as well as the serial number and name of the game to which the tag or seal has been affixed.

§ 95-12 Notification of placement of game; information required.

Every owner or operator of an amusement center game shall, within 24 hours of the placement of any such game in the city, notify the City Clerk of said placement and give the serial number of the tag or seal attached to said game as well as the serial number and name of the game and the name of the holder of the license for the amusement center in which said game is placed.

§ 95-13 Maintenance of order in amusement centers.

Any person licensed to maintain or operate an amusement center under the provisions of this Article shall maintain good order therein.[1]
[1]
Editor's Note: Former Sec. 4-20, Gambling devices prohibited; Sec. 4-21, Cash awards, use of games as gambling devices prohibited; and Sec. 4-22, Operation of amusement center games by minors, which immediately followed this section, were deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 95-14 Penalties for offenses.

Any coin-controlled amusement device operated in violation of the terms of this Article may be seized and destroyed in compliance with the terms and provisions of the statutes of the State of New York, and any person who shall operate any coin-controlled amusement device without first obtaining a license as provided by this Article or any person who shall violate any provisions of this Article shall be punished as provided in § 1-1 of this Code.