This chapter is intended to preserve and promote the safety, health
and well-being of persons and property in the Town of Tonawanda, exclusive
of the Village of Kenmore, through the licensing and regulation of entertainment
and amusements.
As used in this chapter, the following terms shall have the meanings
indicated. All other terms shall have the meanings ascribed to them in regular
usage.
AMUSEMENT
Any amusement or entertainment for the use of which a fee is separately
charged. The term "amusement" shall not include jukeboxes or machines which
vend food, drink, cigarettes, ice or other merchandise. This definition shall
not include any amusement owned or operated by the town.
AMUSEMENT DEVICE
Any device used or designated to be operated for entertainment or
as a game by the insertion of a piece of money, a coin or a token. The term
"amusement device" shall not include jukeboxes or machines which vend food,
drink, cigarettes, ice or other merchandise.
BOWLING LANE
A single bowling alley or lane for the use of which a fee is charged.
GENERAL AMUSEMENT
Any amusement as defined herein other than an amusement device, bowling
lane, ice-skating rink, miniature golf course, motion picture, musical concert,
pool table, roller-skating rink or stage play as defined herein.
ICE-SKATING RINK
An ice rink, whether or not within a fully enclosed structure, for
the use of which a fee is charged. This definition shall not include any ice
rink owned or operated by the town.
MINIATURE GOLF COURSE
Any miniature golf course, whether or not within a fully enclosed
structure, for the use of which a fee is charged.
OWNER
Any person with legal or equitable title.
PERSON
Any individual, partnership, association, society, syndicate, company,
trust or corporation.
POOL TABLE
Any pool or billiard table for the use of which a fee is charged.
The term "pool table" shall not include any pool or billiard table operated
by the insertion of a piece of money, a coin or a token.
ROLLER-SKATING RINK
A roller-skating rink, whether or not within a fully enclosed structure,
for the use of which a fee is charged. This definition shall not include any
roller-skating rink owned or operated by the town.
STAGE PLAY
Any theatrical exhibition, whether or not within a fully enclosed
structure, for the use of which a fee is charged.
STATE
The State of New York.
TOWN
The Town of Tonawanda, exclusive of the Village of Kenmore.
TOWN BOARD
The Town Board of the Town of Tonawanda.
TOWN CLERK
The Town Clerk of the Town of Tonawanda.
A license issued under this chapter shall, at all times for the term
for which it is issued, be posted in a conspicuous place on the premises.
[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer, his deputy and assistants, upon the showing of their credentials and in the discharge of their duties, are authorized to enter any building, structure or premises for which application has been made under §
43-3 of this chapter for the operation of amusements thereon or any building, structure or premises upon which amusements are located.
The provisions of this chapter shall not apply to or include picnics,
bazaars, fairs, plays, concerts and kindred amusements wherein the profit
ensuing therefrom shall be for the benefit of charity, a religious or benevolent
society, a public or private school or for public benefit, or which are conducted
by churches, organizations of churches, organized fire departments or United
States veterans of any and all former wars, including auxiliaries of such
organizations, or any organization the activities of which are not for profit.
Any person committing an offense against this chapter or any section
or provision thereof is guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment. Unless otherwise provided, each day
on which an offense occurs shall be deemed a separate violation for purposes
of this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
In addition to all officials charged with the duty of enforcement of
this chapter, it shall be the duty of the Code Enforcement Officer to enforce
the regulations and restrictions provided by this chapter.