[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North 6-14-1982 by L.L. No. 5-1982. Amendments noted where applicable.]
Zoning — See Ch. 176.
The Board of Trustees of the Village of Port Washington North hereby finds that the unrestricted establishment of commercial game rooms and arcades and the unrestricted proliferation of amusement devices as incidental uses to permitted businesses poses a substantial hazard to the peace, comfort, health, safety and general welfare of the Village residents. Therefore, as an exercise of its police power, to protect the economic and social welfare, and to preserve the peace, comfort, health, safety and good order of the Village of Port Washington North, the Board of Trustees has adopted this chapter regulating amusement devices.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Any machine, apparatus, or contrivance which is used or which may be used as a game of skill or amusement wherein or whereby the player initiates, employs or directs any force or action to, or generated by, the machine, including but not limited to billiard tables; casino-type games; computerized games; electronic bowling; electronic shuffleboard; pinball machines; shooting galleries; and skill boards. Amusement device, for the purpose of this chapter, shall not include bowling alleys and duckpin bowling alleys.
- Includes natural persons and any and all partnerships, joint ventures, societies, associations or corporations.
- Any person who, as the owner, lessee, occupant or bailee, has under his control a public premises in or at which an amusement device is placed or kept for operation, maintenance, play or exhibition.
- PUBLIC PREMISES
- Any public or quasi-public place, building, store or other establishment where the public may enter.
No public premises in the Village of Port Washington North shall be used for the operation, maintenance, play or exhibition of an amusement device except where such amusement device shall be as an accessory use to a lawful business, located in a district zoned for such business and for which such business a certificate of occupancy has been issued by the Village.
There shall be no more than two amusement devices on any public premises.
No person shall be a proprietor of an amusement device within the Village of Port Washington North without first having obtained a separate annual license, pursuant to this chapter, for each such amusement device.
An application for an annual license, pursuant to this chapter, shall be made in writing on forms provided by the Village Clerk and shall be filed in the office of the Village Clerk.
Such application shall provide:
The name and address of the proprietor; if the proprietor is other than one or more natural person(s), the names and addresses of the natural persons who are the officers thereof.
The name and address of the owner of the amusement device; if the owner is other than one or more natural person(s), the names and addresses of the natural persons who are the officers thereof.
The name and address of every other person who has a financial interest in the amusement devices; if any of such persons is other than one or more natural person(s), the names and addresses of the natural persons who are the officers thereof.
The name, type, model, manufacturer and serial number of the amusement device.
The public premises by street address, store number, if any, and section, block and lot on the Nassau County Land and Tax Map, where the amusement device will be kept and maintained.
The number of devices, including the one sought to be licensed, at the proposed public premises.
Such other information as the Board of Trustees may, from time to time, deem necessary and appropriate by resolution or local law.
Each application shall be accompanied by an annual license fee of $50.
All annual licenses shall expire on the 31st day of December of the year in which they were issued.
No annual license shall be granted for a public premises for which two annual licenses have already been issued.
No annual license shall be issued except where such amusement device shall be an accessory use to a lawful business, located in a district zoned for such business and for which such business a certificate of occupancy has been issued by the Village.
All amusement devices shall bear metal tags clearly visible to the public, identifying the name and address of the owner of the amusement device in type at least 1/8 inch in height.
Persons under 18 years of age shall not be permitted to play or otherwise operate an amusement device within the village of Port Washington North unless such person has the consent of and is under the immediate supervision of his or her parent or legal guardian. No licensee shall permit a person under 18 years of age to play or otherwise operate an amusement device within the Village of Port Washington North unless such person has the consent of and is under the immediate supervision of his or her parent or legal guardian. It shall be an affirmative defense in any prosecution under this section that the person had such consent and was under such supervision.
All annual licenses shall be conspicuously posted on the public premises.
No annual license shall be granted for any public premises which is located within 1,000 feet of a school or a house of worship.
No prizes in excess of $1 in value or cash awards shall be given to any person based upon that person's or one or more other persons' operation of an amusement device or the results shown upon an amusement device.
Any license issued under the provisions of this chapter may be suspended or revoked by the Board of Trustees if the applicant has violated the provisions of this chapter or made a false statement on the application for license or if the use and operation of the device constitutes a breach of peace or menace to the health, safety or general welfare of the public.
Any violation of this chapter shall be punishable by a fine of not less than $100 nor more than $250. Every day that a proprietor keeps or maintains an amusement device on his premises without an annual license shall be deemed a separate and distinct offense.