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.