As used in this article, the following words shall have the following
respective meanings:
Any mechanical device used or designed to be operated for amusement
by the insertion of a coin.
Any music vending machine contrivance or device which upon the insertion
of a coin into any slot, crevice or other opening, or by the payment of any
price, operates or may operate for the emission of songs, music or similar
amusement.
Any board, surface, floor, table or structure on which a game is
played by pushing or moving pieces or articles to reach certain marks or areas.
The definitions as hereinabove stated shall not be deemed to include
any device, the possession or use of which is otherwise prohibited by law,
and nothing in this chapter shall be construed to authorize, license or permit
any gambling device or any mechanism which is otherwise prohibited by law.
No person shall place or deliver for use any jukebox, shuffleboard,
or any coin-operated amusement device on any premises in the city, or permit
the use thereof in any place under his control without a license so to do,
said license having been first obtained from the City Clerk as hereinafter
set forth.
The owner, conditional vendee or lessee of any such jukebox, shuffleboard
or coin-operated amusement device or their duly authorized agent who desires
to distribute or place any such jukebox, shuffleboard or coin-operated amusement
device for use shall make application to the City Clerk for such permission
upon blanks to be furnished by the City Clerk giving the name and address
of the applicant, date and place of birth, a detailed description of the mechanical
or other features of the device, the name and address of the person having
responsible charge of the premises upon which the device is proposed to be
located for use and the location of said premises by street and number.
Said application shall be referred by the City Clerk to the Chief of
Police for his investigation and recommendation. The Chief of Police shall
return the application within a reasonable time to the City Clerk with his
recommendation as to approval or disapproval.
The City Clerk, upon receipt of such application approved by the Chief
of Police, may issue a license to the applicant to place and permit the use
upon the premises designated in the application of the jukebox, shuffleboard
or coin-operated amusement device described therein. A license shall be procured
for each such jukebox, shuffleboard or coin-operated amusement device as placed,
and a suitable card bearing a number and expiration date shall be obtained
from the City Clerk and securely attached to the licensed article.
Any such license and card may be transferred from one jukebox, shuffleboard
or coin-operated amusement device to another similar jukebox, shuffleboard
or device at the same premises. Not more than one such jukebox, shuffleboard
or coin-operated amusement device shall be operated under one license and
card. All licenses and cards shall be restricted in use to the premises designated
in the application for such license.
The City Clerk shall not issue any license hereunder for any jukebox,
shuffleboard or coin-operated device unless the amount hereinafter set forth
opposite the name of such machine has been paid to the City Clerk. Such sums
to be paid to the City Clerk are respectively as follows:
|
Machine
|
Amount
|
|---|---|
|
Coin-operated amusement device
|
$15
|
|
Jukebox
|
$15
|
|
Shuffleboard
|
$10
|
Every license and card issued under this chapter shall expire on June 30 next following date of issuance. The fee for such licenses granted after January first of any fiscal year shall be one-half of the amounts set forth in § 73-15 of this article.
A.
Every license and card issued under this article is subject
to the right, which is hereby expressly reserved, to revoke the same should
the licensee directly or indirectly permit the operation of any jukebox, shuffleboard
or coin-operated amusement device contrary to the provisions of this chapter,
any other provisions of the Municipal Code, local law, rule or regulation
of the city or the laws of the State of New York.
B.
The City Manager may revoke a license issued under this article for cause as stated in Subsection A herein. Prior to revoking a license, however, the City Manager shall:
(1)
Give or cause notice in writing to be served on the licensee
specifying the violation or violations with which the licensee is charged
and a time, date and place at which a hearing will be held, which hearing
shall be at least 10 days after the date of service of the notice.
(2)
Hold the hearing as specified in the notice. The licensee
may be represented by counsel. Failure of the licensee to appear at the hearing
shall be sufficient grounds to revoke the license.
(3)
After the hearing, make his determination in writing
and cause a copy of same to be served on the licensee, and if he has appeared
by an attorney, a copy of same shall also be served on the attorney.
