[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991
by L.L. No. 2-1991 as Ch. 15, Arts. III and IX of the 1991
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 200.
As used in this chapter, unless the context or subject matter otherwise
requires, the following words shall have the following respective meanings:
Any indoor place or enclosure in which there is maintained or operated
for the amusement, patronage or recreation of the public any coin-controlled
amusement device of any description, such as but not limited to bagatelle
games, baseball, football, pinball amusement games, electronic games and video
games, is hereby designated an amusement center and subject to all the provisions
of this chapter.
Any coin-operated amusement device of any description, and particularly,
but not by way of limitation, the types commonly known as bagatelle, baseball,
football, pinball amusement games, electronic games and video games. The above
enumeration shall not be deemed to be exclusive. Said definition, however,
shall exclude any device, the possession or use of which is prohibited by
law.
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.
No person shall maintain or operate in any amusement center in the City
any amusement center game or device in violation of the laws of the State
of New York or the laws or ordinances of the City.
A.
License required. No person shall maintain or operate
an amusement center without first having obtained a license to do to, and
the licensee shall be of good moral character and shall maintain good order
therein.
B.
Issuance and revocation. The City Clerk is hereby authorized to issue a license for the maintenance and operation of amusement centers, and said license may be revoked by said City Clerk for the violation of any provision of this chapter as provided in Chapter 200, Licensing, of this Code. The license shall be countersigned by the Chief of Police.
C.
Fee; expiration. The fee for the license of an amusement
center shall be $50 per year or fraction thereof, and the license shall expire
the 31st day of December next succeeding the date of issuance thereof.
A.
Required. Every owner or operator of an amusement center
game shall be required to obtain a license before placing the same in an amusement
center. The licensee shall be of good moral character.
B.
Issuance and revocation. The City Clerk is hereby authorized to issue a license for owners or operators of amusement center games upon payment of the license fee as provided herein, and such license may be revoked by the City Clerk for violation of any of the provisions of this chapter as provided in Chapter 200, Licensing, of this Code. The license shall be countersigned by the Chief of Police.
C.
Fee; tax.
[Amended 2-20-1992]
(1)
The license fee for owners or operators of amusement
center games shall be $25 per year or fraction thereof, for each such machine
placed in an amusement center, payable in advance.
(2)
The privilege tax as authorized by §§ 1201
and 1203 of the Tax Law of the State of New York shall $10 for each such machine
placed in an amusement center, payable in advance.
D.
Expiration. Licenses for owners or operators of amusement
center games shall expire on the 31st day of December next succeeding the
date of issuance thereof.
E.
Replacement and substitution.
(1)
Authority. When any owner or operator has obtained and
paid for a license on any amusement center game required by this section and
the same is in force, the owner or operator is authorized during the period
covered by such license to substitute an amusement center game in the same
location without the payment of the additional fee required by this section.
Such substituted game may likewise be substituted from time to time during
such period, but in no event may the number of games at any one time exceed
the number licensed.
(2)
The owner or operator shall file with the City Clerk
a list of all games to be placed in any location in the City of Auburn with
proper identification as to manufacturer, serial number, type of game and
ownership. No substitute game shall be placed in any location in the City
of Auburn until this information has been filed.
F.
Application.
(1)
Contents. Application for a license for an amusement
center game shall be made in the first instance to the City Clerk, who may
require from the applicant information, in writing and verified upon blanks
to be furnished by him or her, as to the name and address of the applicant,
name and address of the manufacturer of the device, a detailed description
of the mechanical features of the device, the method of its operation, the
premises upon which the device is proposed to be located for use and the location
of said premises by street and number and such other information as the City
Clerk shall deem reasonably necessary.
(2)
Investigation. The City Clerk shall then have a reasonable
time in which to make inquiry and investigation in regard to the character
of the applicant and the availability of the proposed device for a license
hereunder prior to the issuing of any license hereunder.
G.
Identification of games. Amusement center games so licensed
shall be required to bear a serial number and the owner's or operator's
name and license number on each game. The serial number, type of game and
ownership shall be filed in the City Clerk's office for any substituted
game as hereinafter provided.
H.
Transfer of license. No license shall be transferred
from one location to another. A new license shall be required.
No license shall be issued under this chapter to any person who is not
of good moral character or has been convicted of a crime or of any gambling
offense against the laws of New York State or any other jurisdiction, and
in the event of any such conviction subsequent to the issuance of said license,
said license shall be revoked, subject, however, to the provisions of Article
23-A of the Correction Law.
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 such placement and shall give the serial number and name of the game and
the name of the holder of the license for the amusement center in which such
game is placed.
No license shall be granted for any such amusement center if located
within 200 feet of the lot lines of a public or private school.
No cash award or awards of merchandise, credit or other thing of value
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, slugs or
tokens on certain scores or if said device may be readily converted to deliver
to the player such coins, slugs or tokens.
Any coin-controlled amusement device operated or maintained in violation
of the terms of this chapter may be seized in compliance with the terms and
provisions of the statutes of the State of New York.
