Village of Hastings-on-Hudson, NY Amusement Devices

Includes but is not limited to the type of coin-operated machine or that device used for a commercial purpose and commonly known as "bagatelle," "baseball," "football," "pinball," "video," "electronic" or "computer," and any and all other coin-operated rides, attractions and games not otherwise prohibited by the laws of this state. It shall also include any coin-operated amusement device. This definition, however, shall exclude any device the possession or use of which is prohibited by law. Further, specifically excluded are those coin-operated devices known as "jukeboxes."

OWNER

The individual who places or by under whose direction an amusement device is placed within the village, whether or not legal title to such machine or device is in such individual.

PERSON

One or more individuals, a partnership, company, corporation, association or society and any officer, agent, servant or employee of the foregoing who shall license, lease, rent, sell, install or otherwise dispose of or display, keep, maintain, use or exhibit in the village amusement devices or who shall be in responsible charge of premises as defined in this section.

PREMISES

Any parcel of land, building, structure, vehicle or any other property or part thereof.

§ 91-2 License required.

No amusement device shall be kept, maintained, used, exhibited or operated in or upon any premises within the village unless the owner thereof and the person upon whose premises or in whose possession and control the amusement device shall be kept, maintained, used, exhibited or operated shall first procure a license therefor.

§ 91-3 Application; required information.

A verified application for the license required by § 91-2 shall be made in duplicate by the persons required to obtain such license to the Village Clerk upon blanks to be furnished by the Village Clerk, giving the name and address of the applicant; the name and address of each officer and director of a corporate applicant; the name and address of the manufacturer of the amusement device; the manufacturer's number, if any; a complete detailed description of the amusement device, including all of the mechanical features thereof and the method of its operation; the location by street and number of the premises where the amusement device is sought to be kept, maintained, used, exhibited or operated; the nature and use of such premises; the number of such amusement devices already licensed upon the same premises; and such further information as the Village Clerk or the Village Manager may require for the administration of this chapter. The application shall also contain a complete statement indicating whether or not any previous application has been made for a license under this chapter and whether any license under this chapter has been received, refused, suspended or revoked, with the circumstances thereof.

§ 91-4 Term, fee and transfer of license. [1]

Each license required by this chapter shall expire on the last day of May next following the date of its issuance, unless revoked prior thereto. The license fee for each person owning one or more amusement devices within the village shall be determined by the Village Board by resolution and set in the fee schedule.[2]

[2]

Editor's Note: The fee schedule is on file in the village offices.

Such license shall be procured for each amusement device and shall not be transferable, except that the owner of such amusement device may substitute in the same premises for which such amusement device has been licensed another amusement device upon the payment to the Village Clerk of a fee to be determined by the Village Board by resolution and set in the fee schedule. Upon the payment of such fee, there shall be endorsed upon the license issued the information as to such substituted amusement device as required in this section. Such endorsement shall be signed by the Village Clerk. The person upon whose premises or in whose possession and control such amusement device is kept, maintained, used, exhibited or operated may move such amusement device to a different location upon obtaining from the Village Clerk an endorsement upon his license showing the new location to which such amusement is to be moved and upon the payment of a fee to the Village Clerk to be determined by the Village Board by resolution and set in the fee schedule.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 91-5 Revocation of license.

Any license granted under this chapter may be revoked by the Village Manager upon recommendation by the Chief of Police for any of the following:

(1)

The violation of any of the provisions of this chapter.

(2)

The violation of any law, ordinance, rule or regulation of any government, officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which such amusement device is located.

(3)

The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed device.

(4)

The felony conviction of either the holder of a license or an officer or director of the holder of a license.

(5)

Otherwise for just cause.

This section shall in no way limit or impair the power otherwise vested in the Board of Trustees, Village Manager or Chief of Police by law to revoke such license.

Upon notice of revocation of his license for an amusement device, a person so aggrieved may, within seven days of notice, file a written statement with supporting documentation with the office of the Village Manager in appeal of such revocation. After review by the Village Manager, if said license is not restored, further review is available pursuant to the Civil Practice Law and Rules of the State of New York.

§ 91-6 Prior conviction of felony.

No license required by this chapter shall be issued to any person who shall have been previously convicted of any felony. If the applicant is a corporation, no license shall be issued to such corporation if any officer or director of such corporation shall have been previously convicted of any felony.

§ 91-7 Name and address of owner to be displayed.

Each license under this chapter shall have displayed thereon the name and address of the owner thereof.

§ 91-8 Locations restricted.

Amusement devices may only be located within bars and/or restaurants, as defined and/or licensed by the New York State Liquor Authority.

§ 91-9 Unlawful operation.

No amusement device licensed under this chapter shall be operated or devoted or permitted to be operated, devoted or used for any purpose prohibited by law.

§ 91-10 Number restricted.

No more than three amusement devices shall be kept, maintained, used, exhibited or operated in any one place or premises, except as in existence prior to the effective date of this chapter.

§ 91-11 Operation during school hours.

The holder of a license under this chapter or any person in responsible charge of the premises upon which such licensed amusement device is located shall not allow school students to operate said amusement devices prior to 3:00 p.m. on school days, unless accompanied by a parent or legal guardian.

§ 91-12 Penalties for offenses.

Any person violating any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $250, and all licenses of the Village of Hastings-on-Hudson held by such person shall be automatically revoked.

Each day's maintenance, exhibition or use of any amusement device in violation of the foregoing subsection shall constitute a separate offense.