[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.]
GENERAL REFERENCES
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:
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.
Any public or quasi-public place, building, store or other establishment
where the public may enter.
A.
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.
B.
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.
A.
Application.
(1)
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.
(2)
Such application shall provide:
(a)
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.
(b)
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.
(c)
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.
(d)
The name, type, model, manufacturer and serial number
of the amusement device.
(e)
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.
(f)
The number of devices, including the one sought to be
licensed, at the proposed public premises.
(g)
Such other information as the Board of Trustees may,
from time to time, deem necessary and appropriate by resolution or local law.
(3)
Each application shall be accompanied by an annual license
fee of $50.
B.
All annual licenses shall expire on the 31st day of December
of the year in which they were issued.
C.
No annual license shall be granted for a public premises
for which two annual licenses have already been issued.
D.
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.
