[HISTORY: Adopted by the Common Council of the City of Rensselaer 10-20-1982 by L.L. No.
3-1982. Amendments noted where applicable.]
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 piece of money, coin, slug, token or other article or by paying
money to have it activated. This definition shall include, but is
not limited to, such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, electronic baseball, football,
hockey or basketball machines, video games, any and all air-propelled
machines or games, shooting games and all games, operations or transactions
similar thereto under whatever name they may be indicated, whether
or not electronically operated. This definition does not include a
jukebox or other machine primarily designed to play recorded music,
amusement rides, bowling alleys, pool tables and electronic bowling
machines, any device maintained within a dwelling or residence for
the use of the occupants thereof and their guests or any device, the
possession or use of which is prohibited by law.
The City of Rensselaer.
A building or place containing four or more amusement devices,
excepting any nonprofit organization designed, organized and operated
under the laws of the State of New York for the public good.
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, assignee or any other legal
entity.
A.
No person shall permit the operation of or maintain for operation
more than 30 amusement devices.
B.
No person shall permit the operation of or maintain for operation
any amusement device that is either visible or audible from the street,
sidewalk or anywhere outside the enclosed portion of the premises
in which the amusement device is located.
No person shall maintain or operate a game room in the City
unless it is licensed under this chapter. Licenses shall be issued
according to the class of the premises where the game room is located.
A.
Application.
(1)
An application for a game room license shall be made to the City
Clerk on forms provided by the City Clerk and containing the following
information:
(a)
The name, address and telephone number of the applicant, and,
if a firm, corporation, partnership or association, the principal
officers thereof and their addresses and telephone numbers. If the
applicant is not the record owner of the real property where the game
room is to be physically situated, the name and address of such record
owner, and, if a firm, corporation, partnership or association, the
principal officers thereof and their addresses and telephone numbers.
If applicant is not the owner(s), as herein defined, of the amusement
devices to be operated in such game room the name(s) and address(es)
of such owner(s).
[Amended 12-1-1982 by L.L. No. 4-1982]
(b)
The address of the premises where the game room is to be operated,
together with the character of any other business carried on at such
premises.
(c)
The name and address of the registered agent, if any, of the
applicant upon whom service or process is authorized to be made.
(d)
The name, address and telephone number of the manager, if any,
of the applicant, who shall be in charge of the applicant's game
room in the City of Rensselaer.
(e)
The floor area of the game room and the number of amusement
devices which applicant proposes to place in the game room.
(2)
The application shall contain a certification, under oath, made by
the applicant, or a principal officer thereof if the applicant is
other than a natural person, that the information contained in the
application is complete, accurate and truthful to the best of his
knowledge and belief.
(3)
If the establishment of the game room necessitates construction,
alteration or remodeling of a premises so that a building permit is
required therefor, the application shall not be submitted until such
time as the game room license is obtained by the applicant.
B.
Upon receipt of an application for a game room license, the City
Clerk shall refer it, along with a report and recommendation, to the
Common Council for its final approval and determination whether the
premises comply with the applicable laws, ordinances, rules and regulations.
For that purpose, the Common Council or its authorized representative
shall have the right to enter upon and inspect the premises during
normal business hours.
D.
Game rooms on Class Two premises are not permitted within rooms or
space licensed for on-premises consumption of alcoholic beverages
or within connected rooms or appurtenant space.
E.
Except as provided in the New York Correction Law, Article 23-A,
no game room license shall be issued to or held by any person who
has been convicted of a crime or 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.
A.
In approving a license, the Common Council may establish conditions
to promote and protect the health, safety and general welfare of the
City and its inhabitants.
A.
The owner and operator of any game room shall comply with all provisions
of law, ordinance, rule or regulation relating to the conduct of business
and the use and maintenance of the premises.
B.
The owner and operator of any game room shall cause the game room
license to be posted at all times in a conspicuous place on the premises.
All licenses granted under the provisions of this chapter shall be
nonassignable and nontransferable.
[Amended 12-1-1982 by L.L. No. 4-1982]
C.
The owner and operator of any game room shall not permit a greater
number of persons in the premises at any time than that permitted
by the New York State Building Code.
D.
The owner and operator of any game room shall maintain good order
on the premises at all times. The lack of good order on the premises
of a game room shall include but not be limited to the following:
(1)
Fighting and rowdy behavior.
(2)
Possession or consumption of alcoholic beverages except within Class
One premises licensed by the state for on-premises consumption of
these beverages.
(3)
Gambling.
(4)
The use of marijuana or any controlled substance, possession of which
is prohibited by the New York Penal law.
E.
The owner or operator of any game room 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.
F.
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 21 years of age who shall ensure that it is operated in compliance
with this chapter.
G.
The owner and operator of a game room containing more than 15 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 game room at all times.
H.
The owner and operator of a game room on Class Two premises shall
not allow it to be open or the amusement devices therein played on
any day between the hours of 2:00 a.m. and 8:00 a.m.
I.
The owner and operator of a game room shall not allow more amusement
devices than the number permitted in the license to be located therein
at any time.
J.
The owner and operator of a game room shall not allow any persons
in kindergarten through 12th grade in a game room during the school
hours on any weekday that his/her school is in session.
A.
The owner of any amusement device within the City shall comply with
all provisions of law, ordinance, rule or regulation applicable thereto
and the use and maintenance of the premises where it is located (subject
premises).
B.
The owner of any amusement device shall maintain good order on the
subject premises at all times. The lack of good order on the subject
premises shall include but not be limited to the following:
C.
The owner of an amusement device shall not permit it 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 other guardian
over the age of 21.
D.
The owner of an amusement device shall not allow it to be available
for use or used unless it is under the control of and supervision
by a person at least 21 years of age, who shall ensure that it is
operated in compliance with this chapter.
[Amended 12-1-1982 by L.L. No. 4-1982]
The annual fee for a game room license shall be $500 plus $50
for each amusement device contained in such game room.
A.
The premises of all game rooms in the City, when open for the transaction
of business, shall be subject to inspection by any peace officer acting
pursuant to his special duties, police officer, Building and Zoning
Administrator or Fire Inspector.
B.
Any other premises in the City containing amusement devices, when
open for the transaction of business, shall be subject to inspection
by any peace officer acting pursuant to his special duties, police
officer, Building and Zoning Administrator or Fire Inspector.
A.
Game room licenses shall expire one year from the date of issuance.
Applications for renewal of game room licenses shall be submitted
at least 60 days before the expiration of the existing license.
B.
All game rooms presently operating under the provisions of any local
ordinance, rule, regulation or custom shall be allowed to operate
without fee for the remainder of calendar year 1982 under a permissive
license automatically granted by this chapter. Such permissive license
shall expire at 12:00 midnight on December 31, 1982, and the provisions
of this chapter shall control the operation of such game room for
calendar year 1983 and thereafter.
[Amended 12-1-1982 by L.L. No. 4-1982]
[Amended 12-1-1982 by L.L. No. 4-1982]
A.
Every license and/or permit issued hereunder is subject to revocation
by the Common Council for the violation of any of the provisions of
this chapter. Any material misstated or omitted in the license application
shall constitute grounds for revocation. The revocation shall occur
only after a hearing.
B.
The licensee shall be given 10 days' notice of the date of such
hearing, and such notice shall state the grounds therefor. At such
hearing, the licensee may submit pertinent information upon his own
behalf.
[Amended 8-15-1990 by L.L. No. 4-1990]
Any person who violates any provision of this chapter shall
be guilty of an offense punishable by a chapter fine of $250 or by
imprisonment for not more than 15 days, or both. Each day that a violation
exists, occurs or continues shall constitute a separate offense.
