[HISTORY: Adopted by the Board of Trustees
of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 56 of the 1983 Code. Amendments noted where applicable.]
[Amended 1-9-1984 by L.L. No. 2-1984]
As used in this chapter, the following terms
shall have the meanings indicated:
- AMUSEMENT CENTER
- Any public indoor place or enclosure or any club in which is maintained or operated for the amusement, patronage or recreation of the public or the members of said club any amusement devices of any description is hereby designated as an amusement center and shall be subject to all the provisions of this chapter.
- AMUSEMENT CENTER GAME
- Any electrical or mechanical device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement or which may be so used. The term "amusement center game" includes but is not necessarily limited to pinball machines, bagatelle, pool tables, foosball tables and similar devices. "Amusement center game" shall not include jukeboxes.
- OWNER OR OPERATOR OF ANY 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 or members of any club.
No person shall maintain or operate an amusement
device without first having obtained a license to do so from the Village
Clerk-Treasurer of the Village of East Rochester, Monroe County, New
York, and the licensee shall at all times maintain good order and
good conduct therein.
A.
No license shall be granted for any such amusement
center if located within 500 feet of a public or private school, measurements
to be taken in a straight line from the center of the nearest entrance
of the school building to the center of the nearest entrance of the
premises to be licensed.
B.
No minor under the age of 16 years shall be allowed
to operate or participate in the operation of any device or game for
which a license is required under this chapter, unless such minor
shall be accompanied by his or her parent or guardian.
A.
No cash awards shall be made in any contest, tournament,
league or any individual play on any game maintained or operated in
any amusement center or club, and no device shall be permitted to
operate if said device delivers to the player coins or slugs or metal
or other token or if any free play is allowed on account of the operation
thereof, if such delivery of coins, slugs or metal or other tokens
or allowance of free play is or is held to be contrary to the Penal
Law and §§ 47-a and 63-a of the General Business Law,
or any other provision of any law of the Village of East Rochester,
New York.
[Amended 3-8-1999 by L.L. No. 1-1999]
B.
No credit allowance or anything of value or any check,
slug, token or memorandum, either of value or otherwise, which may
be exchanged for money, credit, allowance or anything of value or
which may be given in trade, shall be made or given, nor shall any
free play be allowed or given, to any user of such amusement device
as a result of plays made thereon.
Licenses issued under this chapter shall expire
the 31st day of May next following the date of issuance.
The fee for the license of an amusement center
shall be as set from time to time by resolution of the Board of Trustees,
and no fee once paid shall under any circumstances be prorated or
refunded.
A.
No amusement center shall be maintained or operated in the Town/Village of East Rochester in any club or public place until the same shall have been inspected, approved and licensed, as herein provided. The inspection shall be made by the Village Board of Trustees or its duly authorized agent, who, if he determines such game to be legal within the meaning of § 56-1, shall forward to the Village Clerk-Treasurer a certificate of approval containing:
B.
If the game is approved as being legal within the meaning of § 56-1, there shall be affixed thereto at the time of making such inspection a stamp or seal showing that such game has been inspected and approved for licensing purposes. The Village Clerk-Treasurer shall, upon receipt of such certificate of approval and a certificate of the Chief of Police that the applicant and proposed possessor qualify for the license under § 56-12 and, upon payment of the required license fee, issue to the owner or possessor of the approved game a license therefor, which shall contain substantially the facts set forth in the certificate of approval and which must be attached to said game or device before it may be operated.
C.
In all instances, applications for licenses pursuant
to this chapter shall be made to the Village Clerk-Treasurer.
[Amended 9-9-1991 by L.L. No. 7-1991]
The license fee for owners or possessors of
roll-down games or other arcade games shall be as set from time to
time by resolution of the Board of Trustees for each such machine
or game owned or possessed, payable in advance, and no such machine
shall be operated until said license fee has been paid. The license
fee for owners or possessors of all other amusement center games shall
be as set from time to time by resolution of the Board of Trustees
for each such machine owned or possessed, payable in advance, and
no such machine or machines shall be operated until said license fee
shall have been paid.
The stamp or seal showing that the game has
been inspected and approved for license and the license affixed thereto
shall not be removed, altered, obliterated, damaged or otherwise tampered
with except by the Board of Trustees or its duly authorized representative.
A.
No game shall be transferred from one location to
another without written permission of the Village Clerk-Treasurer,
which permission shall only be granted through the office of the Village
Clerk-Treasurer upon not less than three days' notice of said intention
to transfer. Application for transfer of games shall be in writing
and shall contain:
B.
Said transfer may be had only upon a payment of a
fee as set from time to time by resolution of the Board of Trustees,
which fee shall accompany the application.
Amusement center games shall at all times be
open to inspection by the Village Board of Trustees or its duly authorized
representative; and the Village Board of Trustees shall cause the
same to be inspected at such times and at such intervals as in its
judgment may be deemed necessary for enforcing the provisions of this
chapter; and the Village Board of Trustees or its duly appointed authorized
representative shall have access at all times to the premises wherein
amusement center games are located and the right to examine such amusement
center games at any time. A key at the back of the game must be kept
on the premises at all times for the purpose of permitting such inspection.
No license to operate an amusement center or
to own or possess an amusement center game shall be issued under this
chapter to any person who has been convicted of a crime or of any
gambling offense against the laws of the State of New York or ordinances
of the Village of East Rochester, and in the event of any such conviction
subsequent to the issuance of said license, said license shall by
the Village Board of Trustees be immediately revoked.
Any person violating any provision of this chapter
shall, upon conviction, be liable to a fine not exceeding $250 or
to imprisonment for a term not exceeding 15 days, or to both such
fine and imprisonment.
