Village of North Syracuse, NY Chapter 72 Amusements

[HISTORY: Adopted by the Board of Trustees of the Village of North Syracuse 1-28-1999 by L.L. No. 1-1999 as Ch. 61 of the 1999 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Parades — See Ch. 162.

§ 72-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AMUSEMENT CENTER

A place or business directed primarily at the amusement of the public by way of games, rides or the like, and shall include any business or operation wherein five or more amusement devices are located.

AMUSEMENT DEVICE

Any device or instrument, whether mechanical, manually operated, coin-operated or otherwise, upon which games can be played, but shall not include a record player or jukebox.

§ 72-2 Applicability.

The provisions of this chapter apply to all circuses, menageries, amusement centers, exhibitions, carnivals, kiddie parks, shooting galleries, amusement devices, record players or jukeboxes and other similar amusements or places of amusement, for money or hire, conducted or operated any place within the Village.

§ 72-3 License and permit required.

A. It shall be unlawful to conduct or operate any circus, menagerie, amusement center, exhibition, carnival, kiddie park, shooting gallery or other similar amusement or place of amusement which is open to the public or for admittance to which a fee is charged without first having secured a license therefor. Any person or corporation shall be subject to this chapter if, by himself or through an agent, employee or partner, he is or holds himself forth as being engaged in the business, occupation or activity or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or activity in the Village.

B. It shall be unlawful to display or offer for use in any public place, restaurant, diner or other place of business, club, clubhouse or meeting place of any society or association any amusement device, record player or jukebox unless a permit shall have been issued therefor.

§ 72-4 Application requirements.

A. Applications for all licenses and permits required by this chapter shall be made in writing to the Mayor, who is the licensing officer for the Village.

B. Each application shall state the name of the applicant; the permit or license desired; the location to be used, if any; the time covered; the fee to be paid; and such additional information as may be needed for the proper guidance of Village officials in issuing the permit.

C. Applications for such licenses and permits shall be prepared by the applicant on forms provided by the Village Clerk and shall be kept on file by the Village Clerk, along with all licenses or permits issued, and, in the absence of any provisions to the contrary, all licenses and permits issued shall bear the signature of the Fire Marshal, Codes Enforcement Officer, Police Chief and Mayor.

D. No license or permit shall be issued under this chapter to any person who has been convicted of a crime, and in the event of any such conviction subsequent to the issuance of any license or permit, the license or permit shall be immediately revoked.

§ 72-5 Investigation of applicant and premises.

A. Upon the receipt of an application for a license or permit under this chapter, an inspection or investigation shall be made before the issuance of the permit or license, and the Village Clerk shall refer the application to the Police Chief, Fire Marshal and the Codes Enforcement Officer for their investigation.

B. The Police Chief shall make an inspection in regard to the location, the parties involved and the activities to be carried on relative to the public safety and the preventing of nuisance.

C. The Codes Enforcement Officer and the Fire Marshal shall make inspections relative to the construction of buildings or other structures and their compliance with the Fire and Building Codes.[1] They shall submit reports of their investigations to the Mayor within 10 days. If the premises and building to be used for the purpose do not fully comply with the requirements of the Municipal Code of the Village or would involve a violation of Chapter 240, Zoning, of this Code, no license or permit shall be issued, and no license or permit issued hereunder shall in any way be interpreted as a waiver of any of the provisions or requirements of Chapter 240, Zoning, or the Municipal Code.[2]

[1] Editor's Note: See Ch. 115, Fire Prevention, and Ch. 90, Building Construction, respectively.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 72-6 Conditions for issuance of license or permit.

The Mayor, as licensing officer, may refuse to grant a license or permit or may impose such limitations and conditions on any license issued under the chapter as may be reasonable to protect the public health, safety, welfare, peace and order. Such conditions may include hours of operation, supervision, admission of minors, overcrowding, indecent or immoral activities or the like. A licensee or permittee shall be wholly responsible in maintaining order and adequate supervision and for keeping his premises or sites clean, free of trash, papers and other debris.

§ 72-7 Fees.

A. All fees and charges for licenses or permits shall be nonrefundable and are paid in advance at the time application is made to the Village Clerk.

B. For licenses, the fees shall be as established by the Board of Trustees of the Village of North Syracuse, effective February 1, 1997, as per the fee schedule maintained by the Codes Enforcement Officer.

C. For amusement device permits, the fees shall be as established by the Board of Trustees of the Village of North Syracuse, effective February 1, 1997, as per the fee schedule maintained by the Codes Enforcement Officer.

§ 72-8 Exemptions from fees.

Amusement centers or places of amusement operated or conducted by municipal corporations, not-for-profit organizations or charitable organizations to raise funds for exempt or other charitable purposes shall be exempt from the payment of license or permit fees but shall otherwise be subject to the provisions of this chapter.

§ 72-9 Expiration of permits for amusement devices.

Permits for amusement devices shall expire on December 31 of the year of issuance.

§ 72-10 Substitution of amusement devices.

Any amusement device may be substituted by the operator without additional fee under the license then in existence, provided that said operator notifies and registers the device with the Village Clerk prior to the substitution.

§ 72-11 Change in location.

The location of any licensed business or occupation or of any permitted act may not be changed except upon reapplication for a license or permit and upon an applicant's complying with all other provisions of the Municipal Code.

§ 72-12 Posting of licenses and permits.

A. It shall be the duty of any person conducting a licensed business in the Village to keep his license posted in a prominent place on the premises used for such purpose at all times.

B. All permits for amusement devices shall at all times be kept and placed in plain view of any persons who may frequent or be in any place of business where said devices are kept or used.

§ 72-13 Inspections.

It shall be the duty of the Police Chief, the Fire Marshal and the Codes Enforcement Officer to periodically inspect amusement places to ensure conformity with provisions of this chapter. Whenever inspection of the premises is necessary to secure compliance with any ordinance or to detect violations thereof, it shall be the duty of the licensee or person in charge of the premises to be inspected to admit thereto for the purpose of making the inspection any officer or employee of the Village who is authorized or directed to make such inspection at any reasonable time that admission is requested.

§ 72-14 Approval of Board required for certain amusements.

No permit shall be granted for any carnival, show or other amusement to be held in any public street or sidewalk except upon approval of the Village Board of Trustees.

§ 72-15 Gambling and gambling devices.

Nothing in this chapter shall be construed to authorize, permit or license any gambling or gambling device of any nature.

§ 72-16 Revocation of licenses and permits.

A. Any license or permit may be revoked by the Mayor or Board of Trustees at any time during the life of the license or permit for any violation by the licensee or permittee of the provisions of this chapter or where the Mayor or Board of Trustees shall find that the operation or business disturbs the peace or order of the Village or is immoral or otherwise improper.

B. The Mayor may revoke the license of any licensed proprietor of any licensed business in the Village who refuses to permit any officer or employee who is authorized to make an inspection or who interferes with the officer or employee while in the performance of his duty in making the inspection, provided that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the Village, stating that such inspection is desired at the time it is sought to make the inspection.

§ 72-17 Appeals.

Any applicant who shall have been refused a license or permit or whose license or permit has been revoked or who is aggrieved by the conditions imposed upon the granting of the license or permit may apply to the Board of Trustees of the Village for a review thereof. The Board shall hold a hearing thereon and may affirm, modify or reverse any decision of the Mayor.

§ 72-18 Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall be punished by a maximum fine of $250 or a term of imprisonment not to exceed 15 days, or both.