It is hereby declared that the possession, maintenance
and operation in the Town of Tonawanda, outside the limits of the
Incorported Village of Kenmore, of gaming devices, as herein defined,
are a menace to the public health, morals, safety and general welfare
of the people of the town and that such gaming devices encourage and
foster gambling among adults and children, tend to cause juvenile
delinquency and corrupt the morals of children and to breed crime,
rackets and gangsterism. The necessity of legislative intervention
by the enactment of the provisions of this chapter is hereby declared
as a matter of legislative determination.
As used in this chapter, the following terms
shall have the meanings indicated:
GAMING DEVICE
A.
Any game involving any element of chance which
is caused to operate or may be operated as a result of the insertion
of any piece of money or coin or the insertion of any object for which
a fee, charge or other consideration is imposed, directly or indirectly.
B.
Any machine, apparatus or punchboard, whether
manually, mechanically, electrically or otherwise operated and whether
or not affixed or attached to or installed in any premises or place,
in or upon which machine or apparatus or punchboard a game involving
any element of chance may be played by one or more persons, singly
or collectively.
PERSON
One or more individuals, a partnership, a company, an association
of persons or a corporation.
It shall be unlawful for any person, by himself
or by an agent or employee, to possess or maintain a gaming device
or permit the maintenance or operation of any such gaming device in
any premises or place within the Town of Tonawanda, outside the corporate
limits of the Village of Kenmore.
[Amended 5-21-1984 by L.L. No. 8-1984]
A. Any violation by a person, firm or corporation of
any provision of this chapter shall be deemed a violation punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.