[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 1-5-1976 by L.L. No. 1-1976 (Ch. 41 of the 1976 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT GAMES
- Any legal coin-controlled amusement device.
- Any indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public any legal coin-controlled amusement game or games.
- OWNER OR OPERATOR OF AN AMUSEMENT GAME
- Any person who owns, places, distributes or locates one or more amusement games in any location.
- Any individual, firm, partnership, corporation, trust, trustee or receiver.
No person shall maintain or operate a location without having first obtained a license so to do, and the licensee shall be a citizen of the United States and of good moral character and shall maintain good order therein. Such license shall be issued by the Village Clerk upon authorization and approval of the Board of Trustees, Village of Monticello, New York, and upon payment of the fee therefor. The fee for such license shall be as established from time to time by resolution of the Board of Trustees and shall be payable in advance. Said license shall expire on the first day of August next succeeding the date of issuance thereof.
Every owner or operator of an amusement game shall be required to first obtain a license, and the licensee shall be a citizen of the United States and of good moral character. Such license shall be issued by the Village Clerk upon authorization and approval of the Board of Trustees, Village of Monticello, New York, and upon payment of the fee therefor. The fee for such license shall be as established from time to time by resolution of the Board of Trustees and shall be payable in advance. Each such license shall be countersigned by the Chief of Police and shall expire on the first day of August next succeeding the date of issuance thereof.
Any person, firm or corporation who shall offer, solicit or maintain any amusement device, machine or game, except a music machine or record player, radio or television, for which a fee is charged, irrespective of the manner in which such fee is collected, shall first obtain a license therefor from the Village Clerk in the same manner as provided in § 86-3 hereof, and the license fee therefor shall be the same as provided for each location.
No license shall be issued for the ownership or operation of a premises where more than two amusement games, devices or machines, as defined in this chapter, shall be placed within the Village of Monticello, unless application therefor shall first be made to the Village Board of Trustees and a public hearing held to determine whether the issuance of such a license will be in the public interest. The application shall be made by the occupant of the premises on the form provided by the Village Clerk. The public hearing concerning said application shall be held at the next regular meeting of said Board of Trustees, provided that the application is filed at least 14 days prior thereto.
The Village Board of Trustees, within 30 days after any public hearing held pursuant to this chapter, shall make a determination either granting or denying a license, said determination to be based upon the effect the granting of said license would have upon the public safety and welfare.
Upon the sale, transfer or change of ownership of a premises where amusement games, devices or machines are located, the new occupant of the premises shall be required to apply for a license in accordance with the provisions of this chapter.
No license shall be granted for any such location if same is located within 200 feet of the lot line of a public or private school.
No minor under 18 years of age shall be allowed to operate any amusement game covered by this chapter unless such minor shall be accompanied by his or her parent or guardian.
No owner of any premises wherein is maintained any amusement device, machine or game required by this chapter to be licensed shall permit any unlicensed device, machine or game to be operated by any person at any time.
All applications for renewals of licenses required by this chapter shall be submitted to the Village Clerk at least 30 days prior to the date of the expiration of the license.
The Village Board of Trustees may revoke any license issued under this chapter for good cause and after a hearing, written notice of which shall be served upon the licensee at least three days prior thereto, and such licensee shall be given an opportunity to be heard and shall have the right to be represented by counsel at such hearing.
In addition to any other penalty which may be imposed for offenses against any provision of this chapter, any person who shall conduct an unlicensed operation shall be subject to a civil penalty of $100 per day per license, and the owner of any premises from or upon which any unlicensed machines are operated or maintained shall be subject to a civil penalty of $100 per day. Such penalty shall be collectible in the same manner as other fines and penalties are by law collectible.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]