[HISTORY: Adopted by the Common Council of the City of North Tonawanda as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-1941; amended in its entirety 1-19-1982]
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT CENTER
- Any premises, place or enclosure which is open to the public, containing five or more amusement games.
- AMUSEMENT GAME
- Any mechanical, electric or electronic device used or designed to be operated for entertainment, amusement or as a game by the insertion of a piece of coin, money, token or other article. This definition is not intended to include a jukebox, musical device or any machine, contrivance or device which dispenses tobacco or would be commonly known as a "vending machine."
- AMUSEMENT GAME DISTRIBUTOR
- Any person who owns, places, distributes or locates an amusement game in the City of North Tonawanda.
- 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.
- Any amusement game that is self-contained, using a motion
picture simulation, along with a mechanical movement, to simulate
activities that provide amusement or excitement for the patron.[Added 6-7-2016]
License requirement. No person shall maintain or operate an amusement center within the City of North Tonawanda without having in full force and effect an amusement center license issued by the City Clerk. Said license shall be prominently displayed on the premises at all times.
Application for license. Any person desiring to operate an amusement center shall file an application with the City Clerk, which shall contain the following information:
Name, address and telephone number of the applicant.
The address of the premises to be used as an amusement center.
If the applicant is an individual, the age, date and place of birth of the applicant and, if the applicant is a partnership, firm, association or other business entity, the same information shall be supplied for each stockholder, officer and director of the corporation or of the partners, members or principals of such business entity or other organization.
The name, home address and home telephone number of the manager or other authorized agent of the applicant who shall be principally in charge of or conduct the business of the applicant on the designated premises.
The prior criminal conviction record of the applicant, other than convictions for minor traffic infractions. Said information shall be supplied for each partner, stockholder, officer, director or principal of the business entity or organization.
Proof of liability insurance of at least $1,000,000 per occurrence naming the City of North Tonawanda as an additional insured.
Proof of compliance with the New York State Department of Labor amusement ride inspection to be performed in compliance with the rules and procedures promulgated by the New York State Department of Labor.
Approval or disapproval of application.
The City Clerk shall promptly forward a copy of the application to the Building Inspector and to the Chief of Police for investigation, review and report. The Building Inspector and Chief of Police shall promptly review all information contained in the application and recommend approval or disapproval of the application. If the application is approved, the City Clerk shall issue the permit upon payment of the fee as hereinafter provided.
The application for a permit may be disapproved for any of the following reasons:
Conviction of a crime involving moral turpitude.
False statements contained in the application.
The location of such machines upon the premises constitutes a safety or fire hazard under the applicable provisions of the City of North Tonawanda Ordinances.
The premises are located within 500 feet of a lot line of any public or private school, church or other place of religious worship.
Inadequate liability insurance limits.
No person shall maintain or operate an amusement game within the City of North Tonawanda without having in full force and effect an amusement game license for each game so operated, issued by the City Clerk. Said license shall be prominently displayed at all times on the premises where the games are operated. Any person desiring to operate or maintain amusement games shall file an application with the City Clerk containing the same information as provided in § 12-2 of this article. Such application may be approved or disapproved after investigation by the City Clerk of the applicant, and such application may be disapproved for the same reasons as indicated in § 12-2 of this article.
The fee for a license to operate coin-operated amusement games shall be $25 per game, per year or any part thereof, and all licenses shall expire on the 31st day of December of each calendar year. Such fee shall accompany the application for such license. Coin-operated games include pool tables, pinball machines, shuffleboard, dartboard and foosball tables and any other coin-operated machine.
License required. No person shall distribute or sell amusement games in the City of North Tonawanda without having in full force and effect an amusement game distributor license issued by the City Clerk.
Application for license; approval or disapproval.
Any person desiring to distribute amusement games shall file an application with the City Clerk, which shall contain the following information:
Name, address and telephone number of the applicant.
If the applicant is an individual, the age, date and place of birth of the applicant; and, if the applicant is a partnership, firm and association or other business entity, the same information shall be supplied for each stockholder, officer, director, partner, member or principal of such organization.
The prior criminal conviction record of the applicant, if any, other than convictions for minor traffic infractions. Said information shall be supplied for each partner, stockholder, officer, director, member or principal of the business entity.
Reports. Any person granted an amusement game distributor license must semiannually submit a report to the City Clerk, listing all amusement games distributed or sold in the city by such person. Failure to provide such reports shall serve as grounds for revocation of the amusement game distributor license.
The fee for an amusement game distributor license shall be $100 per year, and such license shall expire on the 31st day of December of each calendar year. Such fee shall accompany the application for such license.
No person under the age of 16 years shall be permitted to play or operate any amusement game unless accompanied by a parent or legal guardian. However, in premises where the sale of alcoholic beverages has been licensed by the State of New York for on-premises consumption, no person under the age of 18 years shall be permitted to play or operate said amusement game unless accompanied by a parent or legal guardian. The owner or operator of said place where the amusement games are located shall be responsible for enforcing the above age restrictions and shall be charged with a violation of this section if he knowingly permits children under the age as set forth above to use or operate any amusement games. The owner or operator of said premises shall post an appropriate sign indicating the age restrictions as herein above set forth.
It shall be a violation of this article for any person unaccompanied by a parent or guardian to intentionally misrepresent his age or identification for the purpose of operating an amusement game.
Gambling. No owner or operator of any premises shall permit gambling or games of chance to take place on the premises in connection with the operation of amusement games, and no cash awards shall be made in any contest, tournament, league or individual play on any amusement game.
Use of alcoholic beverages. No person shall allow the consumption of alcoholic beverages in any premises where amusement games are located, except if the premises are licensed by the State of New York for the sale and consumption of alcoholic beverages on the premises.
Orderly premises. The owner or operator of each amusement center shall at all times maintain good order in and about the premises and shall not permit any disturbances, congestion or loitering in and about the premises.
Competent person to be in charge of premises. Each owner or operator of an amusement center and each person operating or maintaining an amusement game on its premises shall, at all times during the operation of the business, keep in charge of the premises a person of at least 18 years of age, who shall be responsible for the enforcement of all rules and regulations pertaining to the operation of the business.
Any person who violates any of the provisions of this article shall be guilty of a violation punishable by a fine of at least $100 but not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of any offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Any permit or license issued under the provisions of this article may be suspended or revoked by the Common Council of the City of North Tonawanda if the applicant has violated the provisions of this article or has made a false statement on the application for permit or license or if the use and operation of the premises constitutes a breach of the peace or a nuisance to the general public.
In the event that any of the foregoing sections or subdivisions thereof shall be held unconstitutional by any court of competent jurisdiction, such holding shall apply only to the section or subdivision involved, and the remaining provisions of this article shall not be deemed to have been affected thereby.
All provisions regarding the issuance of an amusement center license, amusement game license or amusement game distributor license shall take effect May 1, 1982, with the licensing provisions of this article as constituted as of January 1, 1982, fully in effect until such time.
All other provisions, including violations and penalties and operation of amusement centers and amusement games, shall take effect immediately.
No person, firm, corporation or association shall keep or maintain within the limits of the City of North Tonawanda any public billiard room, poolroom or bowling alley or any room in which the game of billiards, pool or bowling is carried on and for the playing of which any compensation, direct or indirect, shall be demanded, without first having procured a license therefor.
Any person violating the provisions of this article shall be subject to a penalty of $5 per day for each day such room or building shall be so used or occupied. The provisions of this Act shall not apply to any private club or organization, the privileges of which shall be enjoyed only by the regular members thereof who pay for such privileges any stated sum.