[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.]
[Adopted as Art. I of Ch. 4 of the 1970 Municipal Code]
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.
[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.
The foregoing provisions of this Article shall not apply to amateur
performances, concerts or exhibitions or those given for benevolent purposes.
Any person obtaining a permit under these provisions shall obtain appropriate
insurance, as determined by the City Clerk.
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]
As used in this Article, the following words shall have the following
respective meanings:
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.
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]
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.
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.
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.
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.
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.
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.
A.
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.
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.
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.
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.
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.
