[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 10-5-1982
by L.L. No. 5-1982. Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall apply:
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."
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.
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.
Any parcel of land, building, structure, vehicle or any other property
or part thereof.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
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.
Each license under this chapter shall have displayed thereon the name
and address of the owner thereof.
Amusement devices may only be located within bars and/or restaurants,
as defined and/or licensed by the New York State Liquor Authority.
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.
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.
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.
A.
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.
B.
Each day's maintenance, exhibition or use of any
amusement device in violation of the foregoing subsection shall constitute
a separate offense.