[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 8-18-1986 as Ch. 15A of the 1968 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 112.
As used in this chapter, the following terms shall have the meanings
indicated:
Any mechanical, electric or electronic device used or designed to
be operated for entertainment or as a game by the insertion of a coin, slug,
token, plate, disc, key or any other article into any slot, crevice or other
opening or by paying money to have it activated; including video games and
coin-operated pool tables. This definition does not include:
[Amended 3-16-1992 by L.L. No. 4-1992]
Rides.
Bowling alleys.
Any device maintained within a residence for the use of the occupants
thereof and their guests.
Any gambling devices whatsoever or any mechanism that has been traditionally
determined to be a gambling device or in any way contrary to law or that may
be contrary to any future laws of the State of New York.
A building or place containing three or more amusement games, exclusive
of jukeboxes.
Any music-vending machine, contrivance or device which, upon the
insertion of a coin, slug, token, plate, disc or key into any slot, crevice
or other opening or by the payment of any price, operates or may be operated
for the emission of songs, music or similar amusement.
An amusement game or jukebox.
A record owner, contract purchaser, lessee, assignee, bailee, receiver
or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
The Village of Hudson Falls, Washington County, New York.
It is the use to which such amusement games are put rather than their
inherent characteristics that has inspired the enactment of this chapter.
It is known that in other communities such amusement games have encouraged
and fostered gambling among adults and children, tend to cause juvenile delinquency,
are instruments for gambling in their actual operation and use and are frequently
located in the vicinity of schools so that they are frequented by and readily
accessible to children who have in many instances squandered lunch money,
carfare and earnings needed to supplement the family income on such amusement
games and have even committed thefts to obtain money with which to play such
devices.
A.
No person shall maintain or operate a machine in the
Village unless it is licensed under this chapter.
B.
Licenses shall be issued according to the class of the
premises where the machine is located.
(1)
Class 1 premises are those where the game room is accessory
to a hotel or motel, a bowling alley or an amusement park.
(2)
Class 2 premises are those where the game room is a principal
business enterprise.
(3)
Class 3 premises are those where jukeboxes are located
or where there are one or two amusement games.
An application for a license shall be made to the Village Clerk on forms
containing information described by said Clerk, including:
A.
The name and address of the applicant and his age and
place of birth.
B.
Prior convictions of the applicant, if any.
C.
The place where the amusement game or jukebox is to be
displayed or operated and, if applicable, the business conducted at that place.
D.
A description of the machine to be covered by the license,
the mechanical or electronic features, name of manufacturer and/or serial
number.
Upon receipt of an application for a license, the Village Clerk shall
refer it to:
A.
The Building Inspector, to determine whether the premises
complies with all applicable laws, local laws, rules and regulations. For
that purpose the Building Inspector shall have the right to enter upon and
inspect the premises during normal business hours.
B.
The Chief of Police, to cause an investigation to be
made of the background of the owner and the operator of the jukebox, amusement
game(s) or game room.
No license shall be issued to any applicant unless he shall be over
18 years of age.
Except as provided in Article 23-A of the New York Correction Law, no
license shall be issued to or held by any person who has been convicted of
a crime nor by any corporation, partnership or association, a member, officer,
director or holder of 10% or more of the stock of which has been convicted
of any crime.
After review of the application has been completed, the Village Clerk
shall forward it with his report, together with the recommendations of the
Building Inspector and Chief of Police, if any, to the Village Board for its
review and recommendation.
In approving a license, the Village Board may establish conditions to
promote and protect the health, safety and general welfare of the Village
and its inhabitants.
Upon receipt by the applicant, the Village Clerk shall schedule a hearing
for the first Village Board meeting for which five days' notice published
in the official newspaper can be given, if the Village Board denies the application
or approves it with limits or conditions not satisfactory to the applicant.
A license application for a game room shall be accompanied by a nonrefundable
fee of $50.
The annual fee for a game room license shall be $300, plus $17.50 per
year for each machine.
The fees fixed herein may be modified from time to time by resolution
of the Village Board.
The annual fee for a Class 3 license shall be $17.50 for each machine.
The fee for all authorized additions shall be $17.50 per machine, the term of which shall end upon expiration of the license issued. If the additional machines would change the class of license issued, a new application must then be made as provided by § 64-4.
A license may be transferred from one machine to another similar machine
upon application to the Village Clerk. The application must give a description
and serial number of the new machine and be accompanied by a transfer fee
of $5.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein the
machine is to be operated or retained to be operated.
Not more than one game shall be operated under one license, and the
applicant or licensee shall be required to secure a license for each and every
game displayed or operated by him.
The operator of any game room shall comply with all provisions of law,
rules or regulations relating to the conduct of business and the use and maintenance
of the premises.
The operator of any machine shall not permit a greater number of persons
on the premises at any time than the capacity approved by the Village Board
as set forth in the license.[1]
[1]
Editor's Note: Original § 15A-23 of the 1968 Code, Moral
character of operators and owners, which immediately followed this section,
was deleted 3-16-1992 by L.L. No. 4-1992.
The operator of any machine shall maintain good order on the premises
at all times. The lack of good order on or about the premises in which a machine
is located shall include but shall not be limited to the following:
A.
Fighting and rowdy behavior.
B.
Possession or consumption of alcoholic beverages, except
within Class 1 premises licensed by the state for on-premises consumption
of those beverages.
C.
Gambling.
D.
Permitting the use of marijuana or any controlled substance,
the possession of which is prohibited by the New York State Penal Law.
The owner or operator of any game room shall not permit an amusement
game therein to be played or operated before 9:00 a.m. or after 10:00 p.m.
The owner or operator of a game room shall not allow it to be open or
used unless it is under the control of and supervision by a person at least
18 years of age, who shall ensure that it is operated in compliance with this
chapter.
[Amended 3-16-1992 by L.L. No. 4-1992]
The operator of a game room on Class 2 premises shall not allow it to
be open or the amusement games therein played on any day before the hour of
9:00 a.m. or after 10:00 p.m.
The operator of Class 1, Class 2 or Class 3 premises shall not allow
more amusement games or jukeboxes than the number permitted in the license
to be located therein at any time.
The premises of all game rooms in the Village, when open for the transaction
of business, shall be subject to inspection by any peace officer or police
officer acting pursuant to his special duties.
Any other premises in the Village containing amusement games or jukebox,
when open for the transaction of business, shall be subject to inspection
by any peace officer or police officer acting pursuant to his special duties.
All game room licenses shall expire one year from the date of issuance.
The license shall state the expiration date. Applications for renewal of licenses
shall be submitted at least 30 days before the expiration of the existing
license.[1]
[1]
Editor's Note: Original § 15A-32, Effect on holders of prior
permits or licenses, which immediately followed this section, was deleted
3-16-1992 by L.L. No. 4-1992.
Every license issued under this chapter is subject to the right of revocation,
which is hereby expressly reserved to revoke the same should the licensee,
directly or indirectly, permit the operation of any machine contrary to the
provisions of this chapter, the local laws of the Village of Hudson Falls
or the law of the State of New York. Said license may be revoked by the Village
Clerk after written notice to the licensee, which notice shall specify the
chapter or law violations with which the licensee is charged, if after a hearing
the licensee is found to be guilty of such violations. Ten days' notice of
the hearing shall be given the licensee. At such hearing the licensee and
his attorney may present and submit evidence or witnesses in his defense.
If the Chief of Police shall have reason to believe any machine is being
used as a gambling device, such machine may be seized by the police and impounded,
and if upon trial of the exhibitor for allowing it to be used as a gambling
device said exhibitor is found guilty, such machine shall be destroyed by
the police.
[Amended 3-16-1992 by L.L. No. 4-1992; 8-14-2000
by L.L. No. 9-2000; 10-12-2004 by L.L.
No. 6-2004]
Any person, firm or corporation violating any of the provisions of this
chapter, in addition to the revocation of his or its license, shall be punished
by a fine not exceeding $250 or imprisonment for a period not exceeding 15
days, or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of three years, punishable
by a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both.
