[Amended 4-26-1982 by L.L. No. 2-1982]
A.
Type of activities.
(1)
No person shall engage, conduct, manage, operate or
cause to be conducted, managed, or operated within the limits of the
Village any amusement center, billiard parlor, poolroom, penny arcade,
game room, pinball or amusement machine center, or the like without
first obtaining a license from the Village Clerk-Treasurer as provided
in this article.[1]
(2)
Any establishment which contains more than five amusement
devices shall be considered an amusement center and as such is governed
by this chapter. An "amusement device" means any electronic device
or contrivance which, by means of the insertion of a coin, token,
slug, disk or other article into a slot, crevice, opening or attachment
connected with or forming a part of any such devices or contrivances,
effects the operation thereof for use as a game, contest or amusement
by one or more persons, singularly or collectively, or which may be
so used. The term "amusement device" includes but is not necessarily
limited to pinball machines, bagatelle, pool tables, foosball tables,
electronic games and similar devices.
B.
Exemptions. The provisions of this article shall not
apply to vending machines, such as candy, cigarette or soft drink
machines.
Any person desiring to procure a license as
provided in this article shall file with the Village Clerk-Treasurer
an application, in duplicate in writing, on a form to be furnished
by the Village Clerk-Treasurer together with the required fee. Said
application shall contain the following information:
A.
The name address, social security number and telephone
number of the applicant, and, if a firm, corporation, partnership
or association, the principal officers thereof and their addresses,
social security numbers and telephone numbers.
B.
The addresses of the premises where the licensed device
or devices are to be operated, together with the character of the
business as carried on at such place.
C.
The name, address and social security number of the
registered agent of the applicant upon whom service of process is
authorized to be made.
D.
The name, address, social security number and telephone
number of the manager of the applicant who shall be in charge of the
applicant's business in the Village of Orchard Park.
E.
With respect to each person whose name appears on
the application:
(1)
The fact of conviction in any jurisdiction of any
offense which under the laws of New York is designated a felony, misdemeanor
or an offense involving moral turpitude, and/or the fact of conviction
in any jurisdiction of any offense which under the New York State
Penal Law is designated as a crime, with a full disclosure of the
nature of the offense, time and place of commission, legal proceedings
and penalty imposed.
(2)
Each such person shall voluntarily submit to the taking
of his fingerprints so that a proper investigation will be expedited.
F.
The trade name and general description of the device
or devices to be licensed, the name of the manufacturer and the serial
number of each such device.
G.
The application shall contain a certification under
oath, made by the applicant, that the information contained in the
application is complete, accurate and truthful to the best of his
knowledge and belief.
H.
A diagram and description of the size and location of said premises, showing parking facilities as required by Chapter 225, Zoning, of the Code of the Village of Orchard Park.
I.
Such further information as the Village Clerk-Treasurer
shall require.
[Amended 3-23-1992 by L.L. No. 4-1992[1]]
A.
Investigation. At the time of filing an application for a license pursuant to this article, a fee as set forth in Chapter A232, Fees, shall be paid to defray the cost of the investigation required by § 84-6. This fee shall be nonrefundable and, should the application be approved, shall be applied to the licensing fee.
C.
Permits. The fees for a permit to operate an amusement machine, table, device or the like shall be as set forth in Chapter A232, Fees, whether located in a licensed premises or elsewhere. All games of skill or amusement located within the limits of the Village of Orchard Park must have posted on each machine the permit sticker issued by the Village Clerk-Treasurer, and said permit sticker must remain on said machine until its expiration date or until said game is removed from the premises. Such stickers shall be nontransferable.
D.
Proration. All licenses and permits shall be issued on a calendar-year basis. In the event that a license or permit shall be issued for 1/2 year or for any length of time less than 1/2 year, the fees shall be 1/2 the amount set forth in Chapter A232, Fees, and, upon the expiration of the duration of time stated in the license or permit, the license or permit shall be thereafter null and void.
A.
Police Department. Upon receipt of the application
for a license under this article by the Village Clerk-Treasurer, the
duplicate shall be transferred to the Orchard Park Police Department,
who shall make an investigation of the applicant's business and moral
character, to be made as it deems necessary for the public good. Such
investigation shall look into the statements made upon such application,
the applicant's business and general character.
B.
Disapproval; grounds; effect. If as a result of such
investigation, the applicant's character or business responsibility
is found to be unsatisfactory, the Village Clerk-Treasurer shall endorse
on such application his disapproval and his reasons for the same and
shall notify the applicant that his application is disapproved and
that no license will be issued.
C.
Satisfactory report; issuance of license. If as a
result of such investigation, the character and business responsibility
of the applicant are found to be satisfactory and the premises to
be licensed meets all requirements of the fire, building, sanitary,
electrical and plumbing codes of the State of New York, the Village
Clerk-Treasurer shall endorse on the application his approval, execute
a license, on forms supplied by the Village Clerk-Treasurer, addressed
to the applicant for the carrying on of the business as applied for,
and shall, upon payment of the fees prescribed in this article, issue
and deliver to the applicant such license.
A.
License content. The licenses issued by the Village
Clerk-Treasurer under this article shall be numbered in the order
issued and shall state clearly and legibly thereon the date of issuance,
date of expiration, the signature of the Village Clerk-Treasurer,
the name and address of the licensee, description of any vehicle used
in connection with the business, the number of amusement games permitted
in the amusement center, the maximum number of persons permitted in
the amusement center at any time, any other conditions or restrictions
imposed by the Planning Board and the amount of the fee.[1]
B.
Display. Every licensee under this article shall immediately
publicly display such license and keep the same in the place of business
plainly visible to the public at all times while the license remains
in force.
C.
Destruction. No person shall deface, mutilate, destroy
or in any way alter such license.
D.
Replacement of lost or destroyed license. Whenever a license issued under this article shall be lost, destroyed, defaced, or mutilated beyond legibility, without fault on the part of the licensee, his agents, or employees, a duplicate in lieu thereof under the original application may be issued by the Village Clerk-Treasurer upon payment of a recording fee as set forth in Chapter A232, Fees.[2]
E.
Use by another prohibited. No license issued under
the provisions of this article shall be used at any time by any other
person than the one to whom it was issued.
A.
The owner and operator of any amusement center shall
not permit a greater number of persons on the premises at any time
than the capacity set forth in the license.
B.
The owner and operator of any amusement center and
the members, officers, directors and holders of 10% or more of the
stock of any corporation, partnership, or association owning or operating
an amusement center shall be of good moral character.
C.
The owner and operator of any amusement center shall
maintain good order on the premises at all times. The lack of good
order on the premises of an amusement center shall include but not
be limited to the following:
(1)
Fighting and rowdy behavior.
(2)
Possession or consumption of alcoholic beverages,
except within a class one premises licensed by the state for on-premises
consumption of those beverages.
(3)
Gambling.
(4)
Permitting the use of marihuana or any controlled
substance possession of which is prohibited by the New York Penal
Law.
D.
The owner or operator of any amusement center shall
not permit an amusement game therein to be played or operated after
9:00 p.m. by a person under the age of 16, unless accompanied by and
under the supervision of a parent or guardian over the age of 21.
E.
The owner or operator of an amusement center 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 article.
F.
The owner and operator of an amusement center containing
more than 20 amusement games shall provide additional supervisory
personnel, all of whom shall be at least 18 years of age, adequate
to assure orderly operation of the amusement center at all times.
G.
All establishments designated as amusement centers
must contain public rest rooms for men and ladies, separately.
H.
No amusement center may have more than one machine
per 24 square feet of open floor space.
I.
Youths under the age of 16 shall not be allowed in
the amusement center before 3:00 p.m. on school days.
J.
No cash awards shall be offered or given in any contest,
tournament, league or individual play on any amusement device, and
no such device shall be permitted to operate if said game delivers
or may readily be converted to deliver to the player any piece of
money, coin, slug or token.
K.
No credit, allowance, check, slug, token or anything
of value shall be offered or given to any player of any amusement
device as a result of plays made thereon.
L.
Any amusement center shall not open prior to 10:00
a.m. and shall close by 10:00 p.m., Monday through Thursday, by 11:00
p.m. Friday and Saturday and by 9:00 p.m. Sunday with the exception
of those amusement centers located on premises licensed by the State
Liquor Authority. A two-hour extension shall be allowed for private
parties where the amusement center will be closed to the public. It
is required that the Orchard Park police be notified prior to this
event.
M.
Compliance with the Code of the Village of Orchard
Park is required. Every person, firm or corporation which or who maintains,
operates or conducts an amusement center shall comply with all applicable
sections of the Code of the Village of Orchard Park.
N.
The premises shall provide clear windows through which
activities in the premises may be viewed from a point outside the
premises accessible to the public and sufficient to view such activities.
A.
No license shall be granted for any premises to be
used as an amusement center if such premises is located within 500
feet of the lot line of a public or private school, church, or youth
club or within 350 feet of any R District boundary.
B.
No license shall be issued or reissued to any applicant
convicted of a misdemeanor or felony, which, in the judgement of the
Village Clerk-Treasurer, renders the applicant unfit or undesirable
to carry on the operation, maintenance or ownership of the amusement
center.[1]
C.
No amusement center shall be allowed within 500 feet
of another existing amusement center.
A.
Any amusement device may be substituted or deleted by the owner or operator without an additional fee under the license then in existence, provided that the Village Clerk-Treasurer receives the information required by § 84-4 regarding any such amusement device proposed to be substituted or deleted.
B.
Amusement devices may be added by the owner or operator of the amusement center upon payment of a fee per additional amusement device as set forth in Chapter A232, Fees, provided that the Village Clerk-Treasurer receives the information required by § 84-4 regarding any such amusement device proposed to be added.[1]
A.
Revocation. Whenever the Village Clerk-Treasurer shall
determine that a licensee is violating any applicable provision of
the Code of the Village of Orchard Park or any applicable state or
county law, rule or regulation, the Village Clerk-Treasurer, after
notice and hearing, may revoke said license.[1]
B.
Notice of hearing. Notice of the hearing for revocation
of a license shall be given in writing setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the licensee at his last
known address, at least 10 days prior to the date set for hearing.
C.
Hearing. The hearing shall be held not sooner than
10 days or more than 30 days after service of the notice. The licensee
shall have the opportunity to present evidence, to cross-examine witnesses
and to be represented by counsel.
E.
Appeals. Any person aggrieved by the action of the
Village Clerk-Treasurer in the denial of an application for a license
or in the decision of the Village Clerk-Treasurer with reference to
the revocation of a license as provided for in this section shall
have the right to appeal to the Board of Trustees. Such appeal shall
be taken by filing, within 14 days after notice of the action complained
of has been mailed to such person's last known address, a written
statement setting forth fully the grounds for the appeal. The Board
of Trustees shall set a time and place for hearing on such appeal
and a notice of such hearing shall be mailed to the applicant at his
last known address at least five days prior to the date set for the
hearing. The decision and order of the Board of Trustees on such appeal
shall be final and conclusive.[3]
F.
Suspension. For good cause or in case of an emergency,
the Village Clerk-Treasurer may immediately suspend a license issued
pursuant to this article until a public hearing and determination
is made. Personal service or service by mail as above provided shall
be deemed sufficient.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Original Art. III, Circuses, Exhibitions, Theatrical Performances and Similar Amusements, as amended, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
