[HISTORY: Adopted by the Village Board of the Village of Port Chester 2-10-1982
as L.L. No. 5-1982. Amendments noted where applicable.]
The Village of Port Chester, New York, recognizes that the use and ownership
of amusement devices must be adequately controlled so as to prevent public
disorder, nuisances, loitering and other acts detrimental to the health, safety
and welfare of the residents of the Village of Port Chester, and in particular
to protect the adolescents of the village against the evils associated with
gambling, and this chapter is intended to provide such control and regulations.
[Amended 3-1-1989 by L.L. No. 2-1989]
For the purposes of this chapter, the following definitions shall apply:
Shall include any coin-operated electrical game or such device as
pinball machines, howling machines, video games, coin-operated computerized
electronic amusement devices and any other coin-operated electrical or electronic
games.
Shall include one or more individuals, a partnership, company, corporation,
association, society or any other legal entity and any officer, agent, servant
or employee of the foregoing in charge of the premises hereinafter mentioned.
This chapter, however, shall include any parcel of land, building, structure,
vehicle or any other place where an amusement device may be kept, maintained,
exhibited, used or operated.
A.Â
No licensed device under this chapter shall be operated
or devoted or permitted by the licensee, holder of a license or any person
in responsible charge of such premises to be operated or devoted for or to
any use or purpose prohibited by law.
B.Â
No cash awards shall be made in any contest, tournament,
league or individual play on any game maintained or operated in any amusement
center, and no device shall be permitted to operate if said device delivers
to the player coins or slugs or metal tokens on certain scores, if such delivery
of coins, slugs or metal tokens is or is held to be contrary to the laws of
the State of New York or if said device may be readily converted to deliver
to the player such coins, slugs or metal tokens if such delivery of coins,
slugs or metal tokens is or is held to be contrary to the laws of the State
of New York.
No person shall keep, maintain, use or exhibit or permit to be kept,
maintained, exhibited, used or operated in or upon any premises in his possession
or under his control within the village a manually or mechanically operated
amusement device as herein defined, used or designed in whole or in part for
the amusement, entertainment or recreation of the public, without first obtaining
a license therefor from the Village Clerk as provided in this chapter, except
that this prohibition shall not apply to vendors whose business is the placing
of such devices on location.
A.Â
A verified application in duplicate shall be made by
any person desiring a license required by this chapter to the Village Clerk
for such license, upon blanks to be furnished by him giving the location by
street and number where the device is sought to be licensed, the nature and
use of the premises upon which the device is proposed to be kept, maintained,
exhibited or operated, the number of such devices already licensed and sought
to be licensed upon the same premises, and such further information as the
Village Clerk may require.
B.Â
The application shall also contain a complete statement
indication whether or not any previous application has been made hereunder
and whether any license has been received, refused, suspended or revoked,
with the circumstances thereof.
The Village Clerk is hereby authorized, in his discretion, to issue
the license required by this chapter upon the terms and conditions prescribed
in this chapter.
Any permit granted for any premises located within 250 feet of the lot
lines of a public or private school shall be a limited one in that, between
the hours of 8:00 a.m. and 4:00 p.m. on days that school is in session, the
amusement device shall be unplugged or otherwise rendered inoperable. Excluded
from this limitation are premises which are regulated by the State Liquor
Authority and such other places which by their very nature prohibit the admittance
of minors.
The application for a license under this chapter shall be referred by
the Village Clerk to the Chief of Police for his investigation and recommendation
as to approval or disapproval, and he shall forward his recommendation in
writing to the Village Clerk. No such license shall be issued without approval
of the Chief of Police. The Chief of Police shall cause such inquiries, inspections
and investigations to be made as he deems necessary to carry out the intent
and purpose of this chapter, including, but not limited to the device sought
to be licensed or which shall be licensed, the premises upon which such device
is proposed to be or shall be located and the moral character of the applicant
or any person in responsible charge of such premises. In order that the intent
and purpose of this chapter shall be carried out, the control and regulation
of such devices shall be under the supervision of the Police Department, and
members of the Department may, at any and all times when such premises are
open, visit the same and make an inspection thereof.
[Amended 10-4-1982 by L.L. No. 32-1982;
7-1989 by L.L. No. 12-1989; 5-29-1991
by L.L. No. 6-1991]
A.Â
Upon receipt of an application and the sum set forth in Chapter 175, Fees, of the Village Code, the Village Clerk shall, pursuant to the provisions of this chapter, issue a license and decal for the device described in the application.
[Amended 7-1-1996 by L.L. No. 7-1996]
B.Â
No device shall be operated or used without first having
a valid decal attached thereto.
No more than two devices shall be licensed under this chapter for maintenance,
exhibition or use in the same premises at any one time.
[Amended 7-1-1996 by L.L. No. 7-1996]
Each license issued under this chapter shall expire on April 30, unless
sooner revoked by the Village Clerk and/or Village Board of Trustees.
A.Â
No license issued under this chapter shall be transferred
to any person or location other than those persons and locations stated in
the application thereof.
B.Â
Any additional amusement devices to be installed will
be subject to all the provisions of this chapter, including the payment of
all additional fees as may be due.
Any license granted under this chapter may be revoked by the Village
Clerk for any of the following;
A.Â
The violation of any of the provisions of this chapter.
B.Â
The violation of any law, ordinance, rule or regulation
of any agency or department governing or applicable to the maintenance or
conduct of the premises upon which such device is located.
C.Â
The violation of any law, ordinance, rule or regulation
governing or applicable to the maintenance, possession, use or operation of
the licensed device.
D.Â
Otherwise, for cause.
A.Â
If the Village Clerk determines that the license granted
under this chapter should be revoked or refused, the Village Clerk, within
five days of the determination, must notify the licensee in writing of the
reasons for the determination specifying that the license will be revoked
in 25 days of the date of the notice. The licensee or applicant, within 15
days of the date of the notice of revocation or refusal from the Village Clerk,
must, in writing, request a hearing before the hearing panel to determine
the appropriateness of the Village Clerk's determination.
B.Â
The hearing panel, consisting of the Village Board of
Trustees, must within 10 days of the receipt of the licensee's or applicant's
demand for a hearing, conduct a hearing to determine whether the licensee's
license should be revoked or the applicant's request be refused. The
determination by the hearing panel must be a majority decision. The technical
rules of evidence will not apply to the hearing before the hearing panel.
The hearing may be recorded by means of a tape recorder or by some other reliable
means of recording.
C.Â
The determination by the hearing panel will be final.
A.Â
Any person violating any provisions of this chapter shall
be guilty of a violation and shall be punishable by a penalty up to $100.
B.Â
Each day's maintenance, exhibition or use of any
manually or mechanically operated amusement device in violation of the provisions
of this chapter shall constitute a separate offense.
C.Â
Any person maintaining, operating or in responsible charge
of premises upon which a manually or mechanically operated amusement device
is kept, exhibited or used, for which device a fictitious or counterfeit license
purporting to be issued by the Village Clerk is obtained, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punishable by a fine
of up to $500.
