[HISTORY: Adopted by the Governing Body of
the Town/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:
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.
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.
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 Town/Village
Clerk-Treasurer of the Town/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 Town/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 monetary 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Town/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 Town/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 Town/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.
[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 Town/Village Clerk-Treasurer,
which permission shall only be granted through the office of the Town/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 Town/Village Board of Trustees or its duly
authorized representative; and the Town/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 Town/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 Town/Village of East Rochester, and in the event of any such
conviction subsequent to the issuance of said license, said license
shall by the Town/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.
