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. This definition shall not include musical entertainment devices,
commonly referred to as "jukeboxes."
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.
PREMISES
Any parcel of land, building, structure, vehicle or any other place
where an amusement device may be kept, maintained, exhibited, used or operated
for a fee.
No licensed device under this chapter shall be operated or permitted by the licensee or any person in charge of the premises wherein the device is located to be operated for any use or purpose prohibited by federal, state or local law. In addition, such amusement device shall be incidental to the primary use of the premises as allowed by Chapter
305, Zoning, of the Code of the Village of Tarrytown, which primary use shall not be for the exhibit, offering or use of any such amusement devices.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device, as defined herein by §
77-1, shall be required to obtain a license from the Village of Tarrytown upon payment of a license fee. Application for such license shall be made to the Village Clerk upon a form to be supplied by the Clerk for that purpose.
No license issued shall be transferred from one amusement device to
another, except in situations where the licensed device requires repair. The
temporary device shall be identical in every respect. The temporary device
shall not remain on the premises beyond a period of 30 days. The Village Clerk
shall be notified in writing whenever a temporary device is placed into use.
If the Chief of Police 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 disposed of according to law.
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:
A. For special events not exceeding five days in duration
wherein the proceeds therefrom are to be devoted exclusively to charitable,
benevolent or religious purposes.
B. 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.