[Adopted 4-24-1972 as Art. II of
Ch. 4 of the Code of Ordinances (1972)]
[Amended 3-30-1983 by L.L. No. 2-1983]
As used in this article, the following terms
shall have the meanings indicated:
Any place of business that has more than three amusement
games.
A mechanical, electric or computerized device that is activated
by the insertion of a coin, token or slug that effects the operation
as a contest or amusement of the device.
Any person or persons or business entity who owns, operates
or is employed by the owner or operator of a place of business that
operates amusement games.
Those people actually engaged in playing an amusement game
or those waiting to participate in an amusement game.
The Village Board of Trustees shall provide
for the enforcement of the provisions of this article. The designated
official or any other person authorized by the Village Board of Trustees
shall have the right to enter upon any premises used as mentioned
in this article at all reasonable times for the purpose of inspection
and enforcement of this article.
The provisions of this article shall not apply
to vending machines, such as candy, cigarette or soft drink machines.
[Amended 3-30-1983 by L.L. No. 2-1983]
It shall be unlawful for any owner or operator
to engage in, conduct, manage, operate or cause to be conducted, managed
or operated within the limits of the Village any amusement center,
billiard parlor, poolroom, penny arcade, pinball or amusement machine
center or the like without first having obtained a license from the
Village Board of Trustees as provided in this article.
[Amended 3-30-1983 by L.L. No. 2-1983]
A.
Any owner or operator desiring to procure a license as required in § 48-4 shall file with the Village Clerk an application, in duplicate, in writing, on a form to be furnished by the Village Clerk. An application for a license for an amusement center shall also be accompanied by an application for a license for each amusement game.
B.
The application for licenses for amusement games and
amusement centers shall contain the name and address of the owner
of the center and the owner of the amusement game; the hours of operation
of the amusement center; the type of business involved; specific information
with respect to supervision of the center and the amusement game;
a statement as to whether or not the applicant or owner has been convicted
of any crime, misdemeanor or violation of any ordinance; the nature
of the offense and the penalty assessed therefor; and such other information
as the Village Board of Trustees shall from time to time determine.
[Amended 3-30-1983 by L.L. No. 2-1983]
A.
At the time of the filing of an application for a license pursuant to this article, a fee of $5 shall be paid to the Village Clerk to defray the cost of the investigation required by § 48-7.
B.
The fees for the license required by this article
shall be $100 per year for each amusement center, billiard parlor,
poolroom or the like and $10 per year for each amusement machine in
the amusement center.
C.
Each license shall be for a period of one year. Annual
renewals will be reviewed by the Village Board of Trustees.
A.
Upon receipt of the application for a license under
this article by the Village Board of Trustees, the duplicate shall
be referred to an official designated by the Village Board of Trustees,
who shall make an investigation of the applicant's business and moral
character, to be made as he deems necessary for the public good. Such
investigation shall look into the statements made upon such application,
the applicant's business and general character.
B.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the designated official shall endorse on such application his disapproval
and his reasons for the same and return the application to the Village
Clerk or the Village Board of Trustees, who shall notify the applicant
that his application is disapproved and that no license will be issued.
C.
If as a result of such investigation the character
and business responsibility of the applicant are found to be satisfactory,
the designated official shall endorse on the application his approval,
execute a license, on forms supplied by the Village Clerk or Village
Board of Trustees, addressed to the applicant for the carrying on
of the business as applied for and return such license, along with
the duplicate application, to the Village Clerk or the Village Board
of Trustees, who shall, upon payment of the fees prescribed in this
article, issue and deliver to the applicant such license.
The licenses issued by the Village Board of
Trustees under this article shall be numbered in the order issued
and shall state clearly and legibly thereon the date of issuance,
date of expiration, the signature of the issuing officer, the name
and address of the licensee, description of any vehicle used in connection
with the business and the amount of the fee paid.
A.
Every licensee under this article shall immediately
display such license upon request by the proper and authorized officers
of the Village Board of Trustees or proper and authorized police officers
and keep the same in the vehicle used in connection with such business,
if such is the case, at all times while the license remains in force.
B.
It shall be unlawful for any person to deface, mutilate,
destroy or in any way alter such license.
Whenever a license issued under this article
shall be lost, destroyed, defaced or mutilated beyond legibility without
fault on the part of the licensee, his agents or employees, a duplicate
in lieu thereof under the original application may be issued by the
Village Clerk upon payment of a recording fee of $5.
No license issued under the provisions of this
article shall be used at any time by any other person than the one
to whom it was issued.
All licensees under this article are required
to exhibit their Village license at the request of any citizen.
[Amended 3-30-1983 by L.L. No. 2-1983]
A.
All amusement games shall be contained in a single room under the supervision of the individual or individuals listed in the application filed pursuant to § 48-5. In the event that a person other than that indicated in the application becomes responsible for the supervision of the center or any machines contained in the amusement center, a statement to that effect shall be filed with the Village Board of Trustees.
B.
Persons under the age of 16 years of age, unless accompanied
by a parent or guardian, are not allowed in an amusement center from
the hours of 10:00 p.m. to 8:00 a.m.
C.
It shall be the responsibility of the operator of
an amusement center, pursuant to the supervision required of such
center, to ensure that there does not exist loitering or disorderly
conduct as defined in the New York Penal Law.
D.
The areas where amusement games are located shall
contain adequate lighting.
E.
There shall be 30 square feet of unobstructed space
per machine, as shown in the application.
A.
The Board of Trustees or its designated official of
the Village may at any time, after giving notice to the licensee under
this article and an opportunity to be heard, revoke any license for
any false statement contained in any application for such license,
for disorderly conduct or for the violation of any rule or law of
the United States, state or Village. The Village Board of Trustees
or its designated official shall cause notice of hearing and the reason
or reasons therefor to be served upon the person named in the application
as the licensee. Such service shall be by registered mail, with a
return receipt, directed to the licensee at the licensee's address,
or by personal service.
B.
The Village Board of Trustees or its designated official
may revoke any license issued pursuant to the terms of this article
if the business is in any way carried on in an unsanitary or uncleanly
manner or, as aforesaid, contrary to any of the provisions of this
article or contrary to any general or special law.
