[HISTORY: Adopted by the Town Board of the Town of Stony Point 4-27-1982
by L.L. No. 2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A221.
As used in this chapter, the following terms shall have the meanings
indicated:
Any mechanical, electronic, video or computerized machine which,
by means of a lever, switch, electric current or insertion of a coin, token,
slug, plate, disk or other article into a slot, crevice, opening or attachment
connected with or forming a part of such machine, effects the operation thereof
for use as a game, contest or amusement or which may be so used; provided,
however, that jukeboxes or similar amusement devices used for the reproduction
of music or sound only shall not be considered devices for the purposes of
this chapter.
An individual, partnership, joint venture, society, association,
club, corporation or unincorporated group or any members, officers, directors,
agents, employees or stockholders or any kind of personal representative thereof,
in any capacity, acting for himself or for any other person, under either
personal appointment or pursuant to law.
Any public or quasi-public place, space, room, enclosure, building
or store where the public may enter.
A.
It shall be unlawful for any person to have in his possession
or control or to install, operate, maintain or permit to be placed in any
premises, room, space enclosure or building owned, leased or occupied by him
or under his management or control any machine, apparatus or device commonly
known as a "pinball machine," or any device or electronic or video game, or
any other machine or device commonly known as a "pool table," "football table"
or "skittleball" or any other device defined herein, without a license therefor
first having been obtained. The fee for such license shall be set forth from
time to time by resolution of the Town Board.[1]
B.
Licenses shall be transferable from one device to another,
provided that an application for such transfer is filed with and approved
by the Town Clerk, and the fee for such a transfer application shall be set
forth from time to time by resolution of the Town Board[2] for each such application. The Town Board may waive any fees set
forth in this section for processing license applications.
A.
Any person desiring to locate an amusement device or
having such a device in his possession or control within the Town of Stony
Point shall apply to the Town Clerk of the Town of Stony Point for a license
for same.
B.
The application shall contain, at a minimum, the following
information:
(1)
The name and address of the applicant.
(2)
The address of the premises.
(3)
If the applicant is not the owner of the device, the
name and address of the owner of the device.
(4)
The name and address of the landlord of premises.
(5)
The name and address of the tenant of premises.
(6)
The type of device.
(7)
A floor plan, with dimensions, of the premises, showing
proposed location of the device thereon.
(8)
The serial number of the seal attached to the device,
or other identifying information.
A.
No license shall be issued to any person when he or the
person owning or leasing the premises where the device is or is to be located
has been convicted of a crime or of any gambling offense against the Laws
of New York State, and, in the event of any such conviction subsequent to
the issuance of said license or the awareness of any prior or subsequent such
conviction by the Town Clerk, said license shall be immediately revoked.
B.
Before issuance of a license, the Town Clerk shall obtain
approvals from the following Town Departments:
A.
No license shall be issued for more than one device in
any 150 square feet of premises.
B.
No license shall be issued for any device located within
500 feet of any property line of a public or private school, house of worship,
library, fire station, hospital, nursing home, convalescent home or sanatorium.
Minors under the age of 16 years shall not be permitted on any premises
containing such licensed devices between the hours of 10:00 p.m. and 8:00
a.m. or during hours when school is in session, unless accompanied by their
parent or legal guardian.
It shall be unlawful for any device to block any entrance or exit to
or from a premises.
A.
Upon proper application, approval by the Town Police
Department and approval by the Town Fire Inspector, together with submission
of the appropriate fees, the Town Clerk shall issue a license.
B.
Licenses issued under the provisions of this chapter
shall expire on December 31 of each year and shall be renewed by the Town
Clerk upon receipt of a renewal application and a renewal fee in the amount
then prevailing for the period of renewal.
Upon issuance of the license, the Clerk shall also issue a seal for
each device so permitted. Said seal shall contain the name of the applicant
and the permit number and expiration date. The seal shall be affixed to the
device in a prominent place by the applicant.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not to exceed $250 per
device or by imprisonment for a term not to exceed 15 days, or by both such
fine and imprisonment. The continuance of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
This chapter shall be enforced by the Police Department of the Town
of Stony Point.
The issuance of any license hereunder shall in no manner be construed as an approval of, waiver of or compliance with any requirements of Chapter 215, Zoning, or the New York State Uniform Fire Prevention and Building Code.
