[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 12-7-1988 by L.L. No. 8-1988. Amendments noted where applicable.]
Zoning — See Ch. 240.
As used herein, the following words shall have the meanings set forth below:
- MECHANICAL AMUSEMENT DEVICE
- Any machine which, upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include but is not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic baseball, football, hockey or basketball machines, video games, any and all air-propelled machines or games, pool tables, shooting games and all games, operations or transactions similar thereto, under whatever name they may be indicated, whether or not electronically operated. This definition shall be deemed to include the terms "machine" or "device," where such terms are used herein.
- PERSON, FIRM, CORPORATION OR ASSOCIATION
- Includes the following: any person, firm, corporation or association which owns, rents or leases any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; and the person, firm, corporation or association having control over such machine.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to existing or future local, state or federal laws or regulations nor shall this chapter be construed to permit the use of a mechanical amusement device, as defined herein, as a gambling device.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device, as defined herein by § 55-1, shall be required to obtain a license from the Town of Mamaroneck upon payment of a license fee. Application for such license shall be made to the Town Clerk upon a form to be supplied by the Clerk for that purpose.
The application for such license shall be made to the Town Clerk and shall contain the following information:
The name and address, age and date and place of birth of the applicant. No license shall be issued to any applicant unless he shall be over 21 years of age.
Prior criminal convictions of the applicant, if any.
The floor plan of the place where the machine or device is to be displayed or operated and the business conducted at that place.
A description of the machine to be covered by the license, mechanical features, the name of the manufacturer and the name of the game.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002]
The application for a license hereunder shall be made out in four copies, one copy to be referred to the Police Chief, one copy to the Director of Building Code Enforcement and Land Use Administration, one copy to the New York Board of Fire Underwriters or other qualified inspection agency approved by the Town and one copy to be maintained by the Clerk.
The Police Chief shall investigate the applicant proposing to operate such machine and ascertain if the applicant has a record of criminal convictions and shall either approve or disapprove the application if, in his opinion, the criminal history of an applicant warrants a denial of the application, in the interests of the public health, safety and welfare.
The New York Board of Fire Underwriters or other qualified inspection agency approved by the Town shall inspect all wiring and connections to the machine, determine if the same complies with the National Electrical Code and approve the application only if it finds no violations of said code.
The Director of Building Code Enforcement and Land Use Administration shall investigate the establishment and location where the machine is proposed to be located for compliance with applicable zoning, building and fire code regulations and shall recommend approval only if said location and establishment complies in all respects with said regulations.
No license shall be issued to any applicant unless approved by the Police Chief, the Board of Fire Underwriters or other qualified inspection agency approved by the Town and the Building Inspector.
Any applicant whose application for license has been denied shall have the right to appeal said decision to the Town Board of the Town of Mamaroneck at a meeting thereof, and the same may be granted or refused by said Board, in its discretion.
Every applicant, before being granted a license, shall pay the annual license fee for the privilege of operating or maintaining for operation each mechanical amusement device, as defined in § 55-1 herein, and the separate annual license for maintaining premises that contain said devices that are set forth in § A250-1.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
Each license granted hereunder shall be granted for an annual term running from January 1 to December 31 of that year.
The device license or licenses provided for herein shall be posted conspicuously in the premises wherein the device is to be operated or maintained to be operated.
Not more than one machine shall be operated under one license, and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him.
Premises license. A premises license shall not be transferable from person to person nor place to place and shall be usable only at the place and by the person designated in the license.
No person, firm, corporation or association shall permit the operation of mechanical amusement devices within 600 feet of any church, public school or private school, except that such mechanical amusement devices may be operated within 600 feet of a public or private school when such school is not in session.
[Amended 5-1-1996 by L.L. No. 10-1996]
Except as set forth below, no person, firm, corporation or association may receive a license to operate more than two mechanical amusement devices.
On all premises where more than two licensed mechanical amusement devices are located on the date of adoption of this chapter, the following standards must be met:
There must be 20 square feet of floor space for each licensed mechanical amusement device. This square footage may not include areas devoted to other uses such as passageways, dining rooms, food preparation and service areas, ingress and egress areas, lavatories and the like.
The mechanical amusement devices must be segregated from other uses, such as dining, by a solid wall, with no openings to exceed 44 inches in width per opening and no more than two openings per device area, unless more are required as a means of egress by the New York State Uniform Fire Prevention and Building Code.
No person, firm, corporation or association shall permit the operation of any mechanical amusement device except during the following hours:
No person, firm, corporation or association shall permit children under the age of 14 years to operate a mechanical amusement device during school hours, unless accompanied by a responsible adult.
Every license issued under this chapter is subject to the right of the Town Board, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any mechanical amusement device contrary to the provisions of this chapter, the Code of the Town of Mamaroneck or the Laws of the State of New York or the United States. A notice of proposed revocation shall be served by the Town Clerk or a designee of the Town Clerk upon the person or entity named in the license application by mailing a copy, certified mail, return receipt requested, to the address set forth in the license application. The notice shall indicate that a hearing on the proposed revocation will be held at the next regularly scheduled meeting of the Town Board of the Town of Mamaroneck or at such other time as the Town Board may direct. Said hearing shall be conducted by the Town Board or its designee.
After giving the licensee an opportunity to be heard or upon the licensee's default, the Town Board may revoke, modify or suspend any license granted under this chapter. Such suspension, modification or revocation shall be based upon the licensee's failure to comply with the requirements of this chapter, other applicable laws of the Town of Mamaroneck, the County of Westchester and the State of New York.
If the Police Chief shall have reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded, and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor shall be found guilty, such machine shall be destroyed by the police.
Any person, firm, corporation or association violating any of the provisions of this chapter, in addition to the revocation of his or its license, shall be liable to a fine or penalty of not less than $50 nor more than $250 for each offense. Each day such violation shall exist shall constitute a separate violation of this chapter. Each unlicensed device shall contribute a separate violation hereof.
This chapter shall not apply to and no license shall be required for the operation of mechanical amusement devices of the kind or purpose herein specified:
For special events, not exceeding five days in duration, wherein the proceeds therefrom are to be devoted exclusively to charitable, benevolent or religious purposes.
Where the operation thereof is upon the property and premises of a private membership club and for the sole enjoyment of its members or their guests; provided, however, that said exemption will terminate if said private membership club operates any mechanical amusement devices for the use and enjoyment of the general public or for gambling or other illegal purposes.
All persons, firms, corporations or associations, as described in § 55-1, which display or operate devices which do not conform to the provisions of § 55-8B of this chapter at the date of its adoption may continue said operation as a nonconforming use in the same way and to the extent that lawfully existed at their location as of the date of the adoption of this chapter, subject to the provisions of § 55-8C hereof.