[HISTORY: Adopted by the Town Board of the Town of Wheatfield 2-1-1982
by L.L. No. 1-1982. Amendments noted where applicable.]
This chapter and all amendments, codifications and recodifications hereof
shall be known and may be cited as the "Games and Arcades Control Law of the
Town of Wheatfield."
The unrestricted establishment of commercial game rooms and arcades
would pose substantial hazards to the peace, comfort, health, safety and welfare
of Town residents. Likewise, the unregulated proliferation of games and other
amusement devices, as incidental uses within established business premises,
would pose equally serious problems in the maintenance of an orderly and peaceful
flow of commerce, in the preservation of the public health, safety and welfare
and in the promotion of legitimate and necessary uses within the business
community. It is the purpose of this chapter to assure the protection and
preservation of the Town's comprehensive planning, the safeguarding of the
general health, welfare, morals and comfort of the Town citizenry and the
restriction and prohibition of certain unsuitable uses which, by their nature
or evolution within the community, would seriously impede or adversely affect
proper land use and development, the efficient delivery of essential municipal
services, the orderly regulation of pedestrian and vehicular traffic and the
reasonable enjoyment of recreational activity within the community as a whole.
A.
GAME ARCADE
GAMES AND AMUSEMENT DEVICES
PERSON
For the purposes of this chapter and all amendments or
additions hereto, the following words and phrases shall have the meanings
described herein, as and whenever the same shall appear in this chapter:
Any lot, premises, facility, building or structure, open to the public,
in which four or more bowling alleys, electronic or mechanical games or amusements,
billiard or pool tables or other games or amusement devices of any kind, as
such terms are defined herein, or any combination of five or more such games
or devices as aforesaid are situated, stored, possessed, operated, used or
maintained and for which a fee is charged, either directly or by membership,
ticket or other indirect fees, either for admission to any such place or premises
or for access to or use of any such games or amusement devices as aforesaid.
Any electric, mechanical, computerized, electronic or other device,
machine or implement which is either designed and intended or used, operated
or maintained as a game, amusement or means of entertainment, including but
not limited to the following: pinball machines, shooting galleries, computerized
games, electronic games, skillboards, billiard or pool tables, electronic
bowling or shuffleboard tables, bowling alleys and casino-type games.[1]
Any natural person, firm, corporation, copartnership, association,
joint-stock association, company, organization, club, society or other entity,
except the State of New York, the United States, the Town of Wheatfield and
any divisions, boards, commissions, agencies or departments thereof when acting
in their official capacities.
B.
"Shall" and "may." The word "shall," whenever it appears,
shall always mean "must" and shall prescribe mandatory conduct; the word "may,"
whenever it appears, shall always mean "might" and shall prescribe permissive
or discretionary conduct.
C.
Singular and plural. Unless the context shall clearly
require a different interpretation, whenever the singular form of a word shall
appear herein, it shall mean and include the plural thereof; and whenever
the plural form of a word shall appear herein, it shall mean and include the
singular thereof.
Insofar as it may actually conflict with the provisions of any other
law, ordinance, rule, order or regulation, this chapter and all amendments,
codifications and recodifications hereof shall be deemed to supersede and
take precedence and control over every such contrary provision, but only to
the extent and degree necessary to effect the purposes of this chapter and
carry out its provisions and for no other reason.
A.
It shall be unlawful for any person to establish, construct,
use, operate or maintain any games arcade anywhere within the Town of Wheatfield,
and under no circumstances shall any license, permit, special exception or
other authorization therefor be granted, issued or otherwise allowed by any
board, commissioner, officer, agent or employee of the Town of Wheatfield.
B.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain more than three games or amusement devices
for business or commercial purposes in or upon any premises within the Town
of Wheatfield or to so own, lease, store, possess, use, operate or maintain
any such game or amusement device except in conformity with the provisions
of this chapter and unless licenses and permits have previously been obtained
therefor.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for commercial
or business purposes in or upon any premises within the Town of Wheatfield
except as an incidental use and not as the main use on business premises and
only after having previously obtained all licenses and permits required by
this section.
B.
A separate premises permit shall be required for each
building, facility, structure or other premises in which games or amusement
devices are owned, leased, stored, possessed, used, operated or maintained
for business or commercial purposes; and a separate license shall be required
for every game or amusement device so owned, leased, stored, possessed, used,
operated or maintained in or upon such premise.
C.
Applications for permits and licenses shall be made,
in writing, on forms provided by the Town Clerk and shall be filed in the
office of the Town Clerk during regular business hours. Every such application
shall provide for such information as the Town Board may from time to time
direct or require by rule, resolution or order. No application shall be accepted
for filing unless fully completed, signed and notarized and unless accompanied
by payment of all application fees provided for elsewhere in this section.
D.
No license or permit may be granted or issued pursuant
to this section unless and until all of the provisions of this chapter are
fully complied with. In addition to the foregoing requirement, the Town Board,
as licensing body, shall consider the following factors before passing upon
any application hereunder: the possible effects on the public health, peace,
safety, comfort and welfare, including but not limited to the size, floor
area, design and location of the premises; the nature and type of game or
amusement device proposed to be used; the proposed hours and days of operation;
the proximity of residential uses; the impact on municipal services, facilities
and public areas; compatibility with surrounding business uses; potential
increase in pedestrian and vehicular traffic; the adequacy of existing and
proposed firesafety devices, such as sprinklers, alarms, extinguishers
and fire exits; the potential for increased noise and other noxious disturbances;
and compliance with all fire, building, zoning, plumbing and other ordinances
and laws.
E.
Issuance of license or permit; expiration; renewal.
(1)
In the event that the Town Board shall deem it advisable
to grant the application for a permit or license, the Town Clerk, after payment
of the annual fees for licenses and permits provided for elsewhere in this
section, shall issue the appropriate license and/or permit. Licenses and permits
shall be issued on an annual basis only and shall expire on December 31 next
succeeding the date of issuance thereof, and no such license or permit shall
be transferable.
(2)
In the event that a license or permit issued hereunder
shall not be renewed and the annual renewal fee paid therefor on or before
January 15 next succeeding the date of expiration of such license or permit,
then the same shall be null and void of no further force or effect, and the
holder thereof shall be required to file a new application and pay a new application
fee before any such license or permit may be validly reinstated by the Town
Board and lawfully reissued and renewed by the Town Clerk.
F.
Fees.
(1)
[1]The fees required under the provisions of this section shall be
as follows:
(a)
Premises fee and premises permit. No premises fee or
premises permit shall be required for one to three games or machines. For
four or more games or machines, a premises fee and premises permit shall be
required. For the first application, the premises fee shall be as set forth
from time to time by resolution of the Town Board and shall be prorated for
that year only. After the initial application, the renewable yearly premises
permit fee shall be as set forth from time to time by resolution of the Town
Board and shall be nonrefundable.
(b)
Game or amusement device fee. Game or amusement device
fees shall be as set forth from time to time by resolution of the Town Board
and shall be renewable annually.
(2)
All fees provided for herein shall be nonrefundable and
without proration unless proration is specifically authorized herein.
(3)
The Town Board may from time to time amend, repeal, abolish
or otherwise modify any fee provided for herein by order or resolution of
the Board. Except for good cause shown and unless specifically provided for
therein, no such order or resolution shall be retroactive, in either its effect
or application, from the date of its adoption.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for business
and commercial purposes within the Town of Wheatfield, and no license or permit
shall be granted or issued therefor within any of the following restricted
locations or premises:
(1)
Any area of the Town which is zoned for a use classification other than commercial classification under Ch. 200, Zoning, ordinances, rules or regulations of the Town.
(2)
Any open area, open court or other mandatory open portion
on any lot, plot or premises.
(3)
Within or upon any place, premises or building, other
than a bar or bar-restaurant, in which any type of food, beverage, liquor
or alcoholic beverage is or may be sold, offered for sale, purchased, dispensed,
served or consumed or in which the same is permitted to be brought into or
possessed in or upon any part or portion of such place, premises or building.
(4)
Within 500 feet of a religious corporation building.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for business
or commercial purposes in or upon any premises within the Town of Wheatfield,
and no license or permit shall be issued or granted therefor unless and until
the owner of such premises can provide off-street parking which may be required
by law, ordinance, rule, order or regulation of the Town of Wheatfield.[1]
B.
Every game and amusement device within the Town shall
be so situated and placed within and upon premises that it shall not:
(1)
Block or otherwise obstruct any window, door, doorway,
ventilating duct, fire exit, boiler, furnace, radiator, baseboard or other
heater device, stairs or stairway, toilet or other sanitary facility; or
(2)
Obstruct, encumber or otherwise interfere with the free,
clear passage of any person into, through or from such premises.
A.
Any license or permit issued pursuant to the provisions
of this chapter may be suspended or revoked by order of the Town Board or
by order of the Town Clerk or the Town Building Inspector for a violation
of any of the provisions of this chapter. The effective date of any such revocation
or suspension shall be deemed served, in compliance with this section, on
the date that the same shall be either personally served or delivered to the
person to whom the license or permit was issued or on the date such notice
is mailed, return receipt requested, by either certified or registered mail,
to the last known address of the holder thereof, as the same shall appear
on the most recent application for such license or permit.
B.
Any person whose license or permit has been suspended
or revoked pursuant to the provisions herein shall have the right to a hearing
before the Town Board to review such suspension or revocation, provided that
such person files a written petition requesting such hearing in the office
of the Clerk within 30 days of the date of service of the notice provided
for hereinabove. The Town Board, within 30 days of the date of filing of such
petition, shall fix the date for such hearing and shall hold the same and
render its decision thereon within 60 days of the date of the hearing.
C.
It shall be unlawful for any person whose license or
permit has been suspended or revoked or whose license or permit has become
null and void after expiration and nonrenewal thereof to use, operate or maintain
any game or amusement device for business or commercial purposes or to allow
any other person to use, operate or maintain the same within the Town of Wheatfield
during any period of time after which such license or permit has been suspended,
revoked or become null and void and before which such license and permit has
been actually and validly reissued, reinstated or restored.
Any person who shall violate any provision of this chapter shall, upon
conviction, be subject to a fine of not less than $150 and not more than $250
for each such violation; and every violation of this chapter shall constitute
disorderly conduct, and every person violating or aiding and abetting a violation
of this chapter shall be a disorderly person and shall, upon conviction, be
subject to the aforesaid fine and imprisonment for not more than 15 days,
or to both such fine and imprisonment, for each such violation. Each day that
a violation of this chapter shall continue shall constitute a separate violation
hereof.
