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Town of Lewisboro, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewisboro 9-14-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating the establishment of amusement centers and the operation of amusement center games. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, reduce hazards and curb the deterioration of the community environment.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT CENTER
Any part of a building, structure, room or enclosure within which is located, maintained or operated for the amusement, patronage or recreation of the public, for which a fee, charge or other consideration is imposed, an amusement game of any description, and particularly but not by way of limitation the type commonly known as "bagatelle," "baseball," "football," "pinball" and "electronic video games."
AMUSEMENT CENTER GAME
Any game involving an element of skill or chance which is operated or may be operated by the insertion of a coin or any other object, and particularly but not by way of limitation the type commonly known as "bagatelle," "baseball," "football," "pinball" and "electronic video games," for which a fee, charge or other consideration is imposed, directly or indirectly; also, any machine or apparatus, 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 a game involving any element of chance, skill or knowledge may be played by one or more persons, singly or collectively, for which a fee, charge or other consideration is imposed.
A. 
No person shall maintain or operate an amusement center game without first having obtained a license to do so.
B. 
The fee for the licensing of an amusement center shall be $25 per year or fraction thereof for each game operated therein.
No more than two such amusement center games or devices shall be licensed under the law, for maintenance, exhibition or use in or upon the same premises at any one time.
A. 
It shall be unlawful to keep any amusement center open for business or to operate or permit the operation of any amusement center game before 11:00 a.m. and after 11:00 p.m. on any day preceding a day on which schools are open; otherwise, the closing hour shall be 12:30 a.m.
B. 
No person under 12 years of age shall be permitted to operate any such device, by the licensee or any person in charge of the premises on which any such licensed device is located, during school hours unless accompanied by a parent or responsible guardian.
[Amended 8-14-1984 by L.L. No. 10-1984]
Any violation of this chapter shall be punishable by a fine of not less than $100 nor in excess of $500. In addition to these penalties, the Town Board may revoke the license(s) for any and all of the licensed amusement games or devices on the licensee's premises.
A. 
Any licensee having more than two games or devices in or on the same premises on the effective date of this chapter[1] may continue to maintain and operate such licensed games or devices. Only the original licensee is qualified under this section. There can be no transfer of this clause to a new owner of a business or location maintaining the games as described above.
[1]
Editor's Note: This local law was effective 9-14-1982.
B. 
Initial licenses of existing amusement centers having two games or devices as of the effective date of this chapter shall be issued in the name of the natural persons who are the principals and active managers of the amusement center as of the effective date of this chapter, whether such persons are incorporated, a partnership or otherwise. Whenever more than 50% of such natural persons shall no longer be the principals or shall no longer be the active managers of the amusement center, this shall be deemed a transfer and the right to maintain and operate more than two games or devices on the premises shall automatically terminate. Further, if the original licensee reduces the number of games he has upon enactment of this chapter, that number becomes the maximum he may continue to license.