[HISTORY: Adopted by the Board of Trustees of the Village of Nassau:
Art. I, 4-4-83 as L.L. No. 4-1983; Art. II, during codification
(see Ch. 1, General Provisions, Art. II). Sections 35-7A and C and 35-19A
amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
[Adopted 4-4-83 as L.L. No. 4-1983]
The purpose of this Article is to regulate the establishment of game
rooms in order to determine that the premises containing game rooms comply
with all fire, health, sanitary and building codes and laws and other applicable
state and local laws, ordinances and regulations; to ensure that loitering,
congestion and disturbances of the public are avoided; to adopt rules and
regulations governing the occupancy and use of such game rooms; and to establish
a schedule of licensing fees for amusement games.
This Article shall be known as the "Amusement Game and Game Room Law
of the Village of Nassau, New York."
As used in this Article, the following terms shall mean:
Any mechanical, electric or electronic device used or designed to
be operated for entertainment or as a game of skill by the insertion of a
piece of money, coin, token or other article or by paying money to have it
activated. This definition does not include:
A room or place used principally for and/or containing more than
three (3) amusement games and meeting the specifications prescribed by this
Article.
One (1) or more individuals or a corporation, partnership, association,
trust, firm, trustee, receiver or assignee or any other legal entity.
Any room, building or place to which the general public has access
or to which individuals have access with the permission of the person in control
thereof.
The Village of Nassau, New York.
No person shall place or permit to be placed upon any premises owned
by him or under his control as manager, proprietor, lessee or otherwise more
than three (3) amusement games, unless he shall have established a game room
in accordance with the provisions of this Article.
No person shall operate or equip a game room in the Village of Nassau
unless the person is licensed to do so pursuant to the provisions of this
Article. Game rooms shall be allowed only in a GB District (General Business
District) as a special use. Application to the Zoning Board of Appeals for
a special use permit shall be made in accordance with Article XII of the Zoning
Law of the Village of Nassau.[1]
A.
Each application for a license hereunder shall be filed
with the Village Clerk as the Clerk prescribes and shall specify:
(1)
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.
(2)
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.
(3)
The name and address of the registered agent, if any,
of the applicant, upon whom service of process is authorized to be made.
(4)
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.
(5)
The floor area of the game room and the maximum number
of amusement games which the applicant proposes to place in the game room.
B.
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.
C.
If the establishment of the game room necessitates construction,
reconstruction, alteration or remodeling of a premises so that a building
permit is required therefor, the application required herein shall not be
submitted until such time as such building permit, together with the necessary
special use permit, is obtained by the applicant.
B.
The license year shall be from January 1 to December
31 of each year, and all licenses shall expire on the 31st day of December
of each year.
C.
The license fee shall be payable annually, in advance,
and shall accompany the application for a license. Where the application is
submitted on or subsequent to April 1 of any year or where the application
is submitted on or after July 1 or where the application is submitted on or
after October 1, the applicant shall pay a fee as set by resolution of the
Board of Trustees.[2]
D.
The license may be renewed by the licensee by payment
to the Village Clerk of the fee in effect at the time of renewal.
A.
The Village Clerk shall, within three (3) working days
of receipt thereof, forward a copy of the application to the Building Official
for review and report.
B.
No license shall be granted unless the premises in which
the game room is to be situated meets all requirements of fire, housing, building,
sanitary, electrical and plumbing codes of the village and other applicable
village or state laws, rules and regulations or ordinances.
A.
The Building Official shall review the application and,
with the advice and assistance of such other village personnel as may be necessary,
inspect the premises to ascertain whether the premises comply with the applicable
fire, housing, building, sanitary, electrical and plumbing codes, state or
local. The inspection and review shall be completed within fourteen (14) working
days after the date of the receipt of the copy of the application by the Building
Official or within seven (7) working days of the final completion of any construction,
alteration or remodeling of a premises authorized by a building permit after,
if necessary, site plan review. Within six (6) working days after completion
of the inspection and review, the Building Official shall, by letter to the
Village Clerk and a copy to the applicant, either authorize issuance of the
license or deny the same with the reasons for such denial.
B.
Within five (5) working days of the receipt of said letter
by the Village Clerk, the license, if authorized, shall be issued by the Village
Clerk.
C.
If the license is denied, seventy-five percent (75%)
of the paid license fee shall be returned to the applicant and the balance
retained to offset the costs of the application review.
A.
The licensee shall not permit any individuals to bet
or gamble on the premises in which the game room is situated.
B.
The licensee shall, at all times, maintain good order
and shall not permit any disturbance, congestion or loitering upon or outside
the premises in which the game room is situated.
C.
No game room shall be without sanitary facilities as
required by local or state law nor contain any fire, safety or health hazard
prohibited by local or state law.
D.
No licensee shall refuse to cooperate fully with the
Village Clerk, any law enforcement officer or agency or the Village Building
Official.
E.
Possession or consumption of alcoholic beverages, except
upon premises licensed for on-premises possession or consumption, is prohibited.
F.
The owner or operator of a game room shall not allow
it to be open or used unless it is under the control and supervision of a
person at least eighteen (18) years of age, who shall ensure that it is operated
in compliance with these regulations.
G.
No cash awards shall be offered or given in any contest,
tournament, league or individual play on any amusement game.
A.
If any person shall have on premises under his control
more than three (3) amusement games on the effective date of this Article,
the person shall apply for a game room license within thirty (30) days after
such effective date. The utilization of the amusement games by such person
shall be permissible without a license, pending a final determination through
the procedures prescribed in this Article.
B.
Reapplication for a special use permit shall not be necessary
unless such permit was never issued or material changes are present in the
maintenance and operation of the game room since the original special use
permit was issued.
All officers of the Department of Police and the Building Officials
are authorized to enforce the provisions of this Article.
A.
Every license and/or permit issued hereunder is subject
to revocation by the Building Official for the violation of any of the provisions
of this Article. Any material misstated or omitted in the license application
shall constitute grounds for revocation. The revocation shall occur only after
a hearing conducted by the Building Official.
B.
The licensee shall be given ten (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 on his own
behalf.
This Article shall not have application to the possession or operation
of amusement games by nonprofit corporations, associations or groups, unless
the amusement games are available for use by the general public on a regular
basis, nor to any premises holding a valid New York State liquor license where
there is on-premises consumption of alcoholic beverages, unless the game room
is maintained separately from such premises.
An appeal to the Zoning Board of Appeals may be taken by any person
aggrieved by a decision hereunder pursuant to §§ 120-106 through
120-109 of the Zoning Law of the Village of Nassau.[1]
The operation and/or maintenance of three (3) or fewer amusement games
shall be allowed without the necessity of obtaining a special use permit;
provided, however, that such games are licensed in accordance with the other
provisions of this Article.
Whenever a violation of this Article occurs, any individual may file
a complaint. Such complaint shall be in writing and shall be filed with the
Building Official. Such complaint shall be immediately investigated and a
written report filed thereon with the Village Board of Trustees within thirty
(30) days.
A.
Any person or persons, firm or corporation violating
any of the provisions of this Article shall be guilty of an offense punishable
by a fine of not more than two hundred fifty dollars ($250.) or imprisonment
for not more than fifteen (15) days, or both. Each week's continuous
violation shall constitute a separate additional violation.[1]
B.
In addition, the Village Board of Trustees may authorize
the institution of any appropriate civil action, including an action for injunction,
for the purpose of enforcing this Article.
This Article shall be known by the short-form title of "Amusement Device
Local Law of the Village of Nassau, New York."
For the purposes of this Article, the following definitions shall apply:
Includes but is not limited to the types of machines commonly known
as "bagatelle," "baseball," "football" or "pinball machines," bowling machines
and all other similar mechanical, electronic, coin-operated or manually operated
amusement devices. This Article, however, shall exclude any devices when the
possession or use thereof is prohibited by law. This definition shall not
apply to vending machines, such candy, cigarette, soft drink or milk machines.
The individual or individuals, partnership, company, corporation
or association who or which places or by or under whose direction such machine
or device is placed within the corporate limits of the village, whether or
not legal title to such machine or device is in such individual, partnership,
company, corporation or association.
One (1) or more individuals or a partnership, company, corporation,
association or society and any officer, agent, servant or employee of the
foregoing who shall license, lease, rent or in any other manner distribute
or who shall display, use, maintain or exhibit for public use or private use
or patronage in the village amusement devices or who shall be in responsible
charge of premises.
Any parcel of land, building, structure or vehicle or any other property
or part thereof.
No minor, actually or apparently under the age of fourteen (14) years,
shall be allowed or permitted to operate any device covered by this Article,
unless the minor shall be accompanied by his parent or guardian.
It shall be unlawful for any intoxicated person or any person actually
or apparently under the influence of alcoholic beverages to be allowed to
operate any device covered by this Article.
No licensed device under this Article shall be operated or permitted
to be operated for any use or purpose prohibited by law.
No amusement device shall be kept, maintained, used, exhibited or operated
in or upon any premises within the village unless the owner of such device
and the person upon whose premises or in whose possession and control such
machine or device shall be kept, maintained, used, exhibited or operated shall
first procure a license therefor as provided in this Article.
A.
The owner of any amusement device or his duly authorized
agent acting in his behalf, as well as any authorized agent acting in behalf
of or any party that derives any income by virtue of an ownership interest
in the amusement device, who desires to distribute, rent, lease, let on shares,
lend or give away or place any such device for use in or upon any premises
within the corporate limits of the village shall make a verified application
to the Village Clerk for such license, upon blanks to be furnished by the
Clerk, giving:
(1)
The name and address of the applicant.
(2)
The name and address of the manufacturer of the device.
(3)
The manufacturer's number, if any.
(4)
A complete description of the device.
(5)
The method of the device's operation.
(6)
Whether the possession and use of such a device is forbidden
by law.
(7)
The name and address of the person having responsible
charge of the premises upon which the device is proposed to be located, kept,
maintained, used or operated.
(8)
The location of such premises by street and number.
(9)
The nature, use and kind of business and the type of
operation conducted thereon and the number of devices already licensed upon
such premises.
(10)
Such further or other information on the premises as
the Village Clerk may deem necessary.
B.
The application shall also contain a statement indicating
whether or not any previous application has been made and whether any license
has been refused, suspended or revoked.
C.
The person upon whose premises the same is proposed to
be located, kept, maintained, exhibited or used or operated shall join in
such verified application, and, in addition to the information required from
the owner or distributor as aforesaid, such person shall be required to state
whether he has ever been convicted of any crime or any gambling offense against
the laws of the state or of the village.
A.
The application for a license required by this Article
shall be referred by the Village Clerk to the Chief of Police of the village
for his recommendation and his investigation. Such investigation shall include
an inquiry by him as to the reputation and character of both the owner and
distributor and the person in responsible charge of the premises upon which
the device is proposed to be located, kept, maintained, used or operated and
the character thereof and whether the possession and use of such device is
forbidden by law.
B.
The Chief of Police shall return the application within
a reasonable time to the Village Clerk with his recommendation as to approval
or disapproval.
No license shall be granted for any premises which shall be on the same
street or avenue as and within two hundred (200) feet of a building occupied
exclusively as a school, church, synagogue or other place of worship. The
measurements shall be taken in a straight line from the center of the nearest
entrance to such school, church, synagogue or other place of worship to the
center of the nearest entrance of the premises to be licensed.
A.
Prior to the issuance of a license required by this Article,
there shall be paid to the Treasurer of the village by the owner or distributor
of each device for which application for a license has been made the sum per
year as set by resolution of the Board of Trustees, and there shall also be
paid by the person in responsible charge of the premises upon which the device
is proposed to be located, kept, maintained, used or operated for public or
private patronage an additional sum per year for each device as set by resolution
of the Board of Trustees, and the Treasurer of the village shall issue his
receipt therefor for such fee received, but, in the event that the owner or
distributor of an amusement device is also the person who is in responsible
charge of the premises, it is the intention of this section that such person
shall pay both of the above sums.
B.
The license fee prescribed by Subsection A shall be the license fee due and payable therefor and shall be paid in advance at the time of the application as provided by this Article.
C.
When application for any license under this Article is
made after January 1 in any year, the license fee therefor shall, for the
balance of the license year, be in proportion as the remainder of such year
shall bear to the whole year, except that it shall in no case be for less
than one-half (1/2) of such year.
The right and authority to issue a license required by this Article
shall vest in the sound discretion of the Village Clerk or, in his absence,
the Mayor. Any applicant who shall have been refused such license by the Village
Clerk or, in his absence, the Mayor may apply to the Village Board of Trustees
therefor at a meeting thereof, and the same may be granted or refused by the
Village Board of Trustees.
No more than ten (10) amusement devices and one (1) jukebox shall be
licensed at any one (1) time for any one (1) location.
Licenses are subject to a Review Board, consisting of the Police
Chief, the Village Attorney and the Mayor, and are to be reviewed once each
calendar year.
The license issued under this Article may be transferred by the owner
or operator of the amusement device to another, so long as the machine to
which it is transferred is owned by the same owner or distributor.
A.
Each amusement device, while in any premises in the village,
shall have exhibited in a visible place a tag or license, which shall have
been issued by the village to the owner or operator of any machine. In no
event may the license or tag issued to any owner or operator be placed on
a machine by an owner or distributor unless he personally owns the amusement
device.
B.
In addition thereto, the person in charge of the premises
where an amusement device is located must also have the license issued to
such person by the Village Clerk posted in a visible and conspicuous location
in the premises.
The license or tag issued by the Village Clerk under this Article shall
bear a serial number, the license number and the name and address of the owner
thereof.
Each license issued pursuant to this Article shall be effective for
a license year, expiring on December 31 following the date of its issuance.
Each license issued pursuant to this Article may be renewed upon application
therefor by the licensee and the payment of the annual fee for such license
as prescribed by this Article. In the case of applications for renewals, the
Village Clerk may dispense with the requirement of such statements as he deems
necessary in view of those contained in the application made for the original
license, and the Village Clerk may make such rules as necessary, not inconsistent
with this Article, regarding applications for renewals of licenses and the
time for making the same.
A.
The Chief of Police may suspend any license issued under
this Article until the next meeting of the Village Board of Trustees, and
thereupon the license may be revoked or continued by the Village Board of
Trustees.
B.
Any license issued pursuant to this Article may be revoked
for cause and must be revoked for any of the following causes:
(1)
For the violation of any of the provisions of this Article.
(2)
For making any false material statement in an application
of a person for a license.
(3)
For failing to disclose fully on the application the
names of persons, associations or corporations who receive part of the proceeds
of an amusement device in the village.
(4)
For transferring, assigning or hypothecating a license.
(5)
For the violation of any provisions of the Penal Law
or any other local law of the village, criminal in nature, by the person in
responsible charge of the premises upon which an amusement device is located.
(6)
For the violation of any provisions of the Penal Law
or any violation of any local law of the village of a criminal nature or any
rule or regulation of a governmental body applicable to the maintenance, possession
or use or operation of the licensed device by the operator, owner or distributor
under this chapter.
(7)
Upon the conviction of the owner or distributor of the
device or of the premises in which the licensed device is located for a violation
of Article 225 of the Penal Law of the State of New York with reference to
gambling.
A.
Within three (3) days after a license shall have been revoked pursuant to § 35-38, a notice thereof shall be given to the licensee by mailing such notice, addressed to him at the premises whereon the licensed device is located. Notice shall also be mailed to the owner or distributor of the device.
B.
The holder of such license shall thereupon surrender
the same to the Village Clerk. The mailing thereof by the holder of the license
to the Village Clerk by registered mail or insured parcel post shall be deemed
sufficient compliance with this section.
C.
The Village Clerk, immediately upon giving notice of
revocation, shall serve a written notice thereof upon the Chief of Police
of the village. Such notice shall include a statement of the number of such
license, the name and place of residence of the holder of the license, the
location of the premises upon which the licensed device is located and the
date upon which such license was revoked.
D.
In case such license is not forthwith surrendered, the
Village Clerk shall issue a written demand for the surrender of such license
and deliver such demand for the surrender to the Chief of Police, and the
Chief of Police shall immediately take possession of such license and return
the same to the Village Clerk.
A.
Any person committing an offense against any provision
of this Article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding
fifteen (15) days, or by both such fine and imprisonment The continuation
of an offense against the provisions of this Article shall constitute, for
each day the offense is continued, a separate and distinct offense hereunder.
B.
Upon conviction of an offense, all licenses possessed
by such convicted persons shall be automatically revoked and all moneys paid
therefor shall be automatically forfeited.
