[HISTORY: Adopted by the Village Board of
Trustees of the Village of Pleasantville 12-14-1981 by L.L. No. 5-1981 as Ch. 19 of the 1981 Code. Amendments noted where applicable.]
No person shall operate, maintain or permit
any hall, building or place to be used as a place of public amusement
and no person shall give any exhibition, performance or show for hire
or for which an admission fee is charged unless such person shall
have a valid and subsisting license issued by the licensing officer
under this article. A place for dancing where music is provided shall
be deemed a place of public amusement, provided that no person shall
be required to obtain a license under this article who is required
to obtain a license to operate a place for dancing under any other
provisions of this chapter.
A person desiring to obtain a license required by § 58-1 shall make application, in writing, in such form as may be prescribed from time to time by the Village Board of Trustees, furnishing under oath such information as the Village Board of Trustees may require from time to time, including but not limited to the nature of the amusement, exhibition, performance or show, the identity of the applicant or other person operating, maintaining or permitting the use of a place as a place of public amusement or giving an exhibition, performance or show and anyone associated with any such person either as partner, officer, director, stockholder or by having a direct or indirect proprietary interest, a description of the premises at which the amusement, exhibition, performance or show is to be located and such other information as the Village Board of Trustees may from time to time require.
A.
Issuance or denial. The licensing officer shall issue
a license required by this chapter upon determination that the applicant
has complied with this chapter and all other applicable provisions
of law, rules and regulations. The licensing officer may deny any
such application or he or she may impose terms or conditions in granting
such licenses if he or she deems such denial or such terms or conditions
proper to protect the health, safety and welfare of the residents
of the village or of the persons who would attend such place of amusement
or such exhibition, performance or show.
B.
Fee and expiration. The license fee for a single exhibition,
performance or show shall be as set forth by resolution of the Village
Board of Trustees in the Master Fee Schedule, which may be amended
from time to time.
[Amended 4-22-1985 by L.L. No. 3-1985; 5-23-1994 by L.L. No.
12-1994]
(1)
Before a license for the operation of a place of public
amusement is granted, a yearly or single exhibition fee shall be set
forth by resolution of the Village Board of Trustees in the Master
Fee Schedule, which may be amended from time to time. Such license
shall expire on the last day in May next following the date of its
issuance, unless revoked prior thereto.
(2)
Prorated fees. In the event that an annual license
is procured on or after December 1 in any year, the fee to be paid
for such license shall be 1/2 of the amount specified.
C.
Revocation and suspension; appeals.
(1)
Revocation. Whenever the licensing officer shall determine
that a licensee is violating any applicable provision of the Village
of Pleasantville Municipal Code or any applicable state or county
law, rule or regulation, the licensing officer, after notice and hearing,
may revoke said license.
(2)
Notice of hearing. Notice of the hearing for revocation
of a license shall be given, in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the licensee at his or
her last known address, at least 10 days prior to the date set for
the hearing.
(3)
Hearing. The hearing shall be held not sooner than
10 days or more than 30 days after service of the notice. The licensee
shall have the opportunity to present evidence, to cross-examine witnesses
and to be represented by counsel.
(4)
Determination. The licensing officer may for sufficient
cause revoke the license, suspend the license for a reasonable period
or dismiss the proceeding.
(5)
Appeals. Any person aggrieved by the action of the
licensing officer in the denial of an application for a license or
in the decision of the licensing officer with reference to the revocation
of a license as provided for in this section shall have the right
to appeal to the Village Board of Trustees. Such appeal shall be taken
by filing such appeal within 14 days after notice of the action complained
of has been mailed to such person's last known address, together with
a written statement setting forth fully the grounds for the appeal.
The Village Board of Trustees shall set a time and place for a hearing
on such appeal, and a notice of such hearing shall be mailed to the
applicant at his or her last known address at least five days prior
to the date set for the hearing. The decision and order of the Village
Board of Trustees on such appeal shall be final and conclusive.[1]
(6)
Suspension. For good cause or in case of an emergency,
the licensing officer may immediately suspend a license issued pursuant
to this chapter until a public hearing and determination is made.
Personal service or service by mail as above provided shall be deemed
sufficient.
Charitable, religious, educational and governmental
organizations not operated for profit are exempt from the provisions
of this article.[1]
As used in this article, unless the context
or subject matter otherwise requires, the following words and phrases
shall have the meanings respectively ascribed to them as follows:
Includes but shall not be limited to the type of machine
commonly known as "bagatelle," baseball, football or pinball games.
It shall also include any coin-operated amusement device. This article,
however, shall exclude any device the possession or use of which is
prohibited by law.
The individual who places or by or under whose direction
an amusement machine or device is placed within the village, whether
or not legal title to such machine or device is in such individual's
name.[1]
One or more individuals, a partnership, company, corporation,
association or society and any officer, agent, servant or employee
of the foregoing who shall license, lease, rent, sell, install or
otherwise dispose of or display, keep, maintain, use or exhibit in
the village amusement devices or who shall be in responsible charge
of premises as defined in this section.
Any parcel of land, building, structure, vehicle or any other
property or part thereof.
No mechanically or manually operated amusement
device shall be kept, maintained, used, exhibited or operated in or
upon any premises within the village unless the owner of such device
and the person upon whose premises or in whose possession and control
such machine or device shall be kept, maintained, used, exhibited
or operated shall first procure a license therefor.
A verified application for the license required by § 58-6 shall be made in duplicate by the persons required to obtain such license to the Village Clerk upon blanks to be furnished by the licensing officer, giving the name and address of the applicant, the name and address of each officer and director of a corporate applicant, the name and address of the manufacturer of the device, the manufacturer's number, if any, a complete detailed description of the device, including all of the mechanical features thereof, the method of its operation, the location by street and number of the premises where the device is sought to be kept, maintained, used, exhibited or operated, the nature and use of such premises, the number of such devices already licensed upon the same premises and such further information as the licensing officer or the Village Board of Trustees may require. The application shall also contain a complete statement indicating whether or not any previous application has been made for a license under this article and whether any license under this article has been received, refused, suspended or revoked, with the circumstances thereof.
[Amended 4-22-1985 by L.L. No. 3-1985; 5-23-1994 by L.L. No.
12-1994]
A.
Each license required by this article shall expire
on the last day of May next following the date of its issuance, unless
revoked prior thereto. The license fee for each person owning one
or more machines or devices within the village shall be as set forth
by resolution of the Village Board of Trustees in the Master Fee Schedule,
which may be amended from time to time. The license fee for each person
upon whose premises or in whose possession and control such machine
or device is to be kept, maintained, used, exhibited or operated shall
be as set forth by resolution of the Village Board of Trustees in
the Master Fee Schedule, which may be amended from time to time.
B.
Such licenses shall be procured for each such machine
or device and shall not be transferable, except that the owner of
such machine or device may substitute in the same premises for which
such machine or device has been licensed another machine or device
upon the payment to the licensing officer of a fee as set forth by
resolution of the Village Board of Trustees in the Master Fee Schedule,
which may be amended from time to time. Upon the payment of such fee,
there shall be endorsed upon the license issued the information as
to such substituted machine or device as required in this section.
Such endorsement shall be signed by the licensing officer. The person
upon whose premises or in whose possession and control such machine
or device is kept, maintained, used, exhibited or operated may move
such machine to a different location upon obtaining from the licensing
officer an endorsement upon his or her license showing the new location
to which such machine is to be moved and upon the payment of a fee
as set forth by resolution of the Village Board of Trustees in the
Master Fee Schedule, which may be amended from time to time, to the
licensing officer.
C.
In the event that a license is procured on or after
December 1 in any year, the fee to be paid for such license shall
be 1/2 of the amount.
Any license granted under this article may be revoked or suspended in the same manner as provided in § 58-3C of this chapter.
No license required by this article shall be
issued to any person who shall have been previously convicted of any
felony. If the applicant is a corporation, no license shall be issued
to such corporation if any officer or director of such corporation
shall have been previously convicted of any felony.
B.
No operation of devices to be contrary to law. No
machine or device licensed under this article shall be operated or
devoted or permitted to be operated, devoted or used for any purpose
prohibited by law.
C.
No more than three devices to be kept in one place.
No more than three amusement machines or devices shall be kept, maintained,
used, exhibited or operated in any one place or premises.
[Added 2-27-1995 by L.L. No. 2-1995[1]]
Each violation of any provision of this chapter
shall constitute a violation pursuant to the Penal Law. Each violation
of this chapter shall be punishable by a fine of not more than $500
or imprisonment for not more than 15 days, or both.
