[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 4-18-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
The purpose of this chapter is to control the establishment of game rooms by licensing in order to determine whether 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 and to adopt rules and regulations governing the occupancy and use of each game room.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT GAME
- Any mechanical, electric, 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 to have it activated. This definition does not include:
- AMUSEMENT GAME ROOM
- A room or place used for and containing more than four amusement games and meeting the specifications prescribed in this chapter.
- One or more individuals, 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 Brockport.
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 four amusement games, unless he shall have established an amusement game room in accordance with the provisions of this chapter.
No person shall operate an amusement game room in the Village of Brockport unless the person is licensed to do so pursuant to the provisions of this chapter.
Each application for a license hereunder shall be filed with the Village Clerk, in duplicate, and shall specify:
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.
The address of the premises where the game room is to be operated, together with the character of the business carried on at such premises if used other than exclusively as an amusement game room.
The name and address of the registered agent, if any, of the applicant upon whom service of process is authorized to be made.
The name, address and telephone number of the manager, if any, of the applicant, who shall be in charge of the applicant's amusement game room in the Village of Brockport.
The floor area of the amusement game room and the number of amusement games which the applicant proposes to place in the amusement game room.
Except as provided in the New York State Correction Law, Article 23-A, no license shall be issued for an amusement game room if the owner thereof or the applicant thereof has pleaded guilty to or been convicted of any crime.
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/her knowledge and belief.
If the establishment of the amusement game room necessitates construction, reconstruction, 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 permit is obtained by the applicant. If a site plan approval is a prerequisite to the issuance of the building permit, the site plan review shall be completed prior to the submission of the license application.
The annual fee for each proprietor shall be $50 for each amusement game over four.
The license year shall be from June 1 to May 31 of each year, and all licenses shall expire on the 31st day of May each year.
The license shall be payable annually in advance and shall accompany the application for a license.
The license may be renewed by the licensee by payment to the Village Clerk of the fee in effect at the time of renewal.
The annual fee for each proprietor with four or less amusement games shall be $25.
The Village Clerk shall, within three working days of receipt thereof, forward a copy of the application to the Building Inspector for review and report.
No license shall be granted unless the premises in which the amusement game room is to be situate meets all requirements of fire, housing, building, sanitary, electrical and plumbing codes of the Village and any other applicable Village or state laws, rules and regulations, ordinances or local laws.
The Building Inspector shall review the application and, with the advice and assistance of such other Village personnel as may be necessary, except the Village Clerk-Treasurer, inspect the premises to ascertain whether the premises comply with all applicable fire, housing, building, sanitary, electrical and plumbing codes, state or local. The inspection and review shall be completed within 14 working days after date of receipt of the copy of the application by the Building Inspector or within seven 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 working days after completion of the inspection and review, the Building Inspector shall, by letter to the Village Clerk and a copy to the applicant, make his recommendations for or against issuing a permit with his reasons set forth, the denial of such license shall be subject to review by certiorari.
The license shall not permit any individual to bet or gamble on the premises in which the amusement game room is situate.
The licensee shall, at all times, maintain good order and shall not permit any disturbance, congestion or loitering within or outside the premises in which the amusement game room is situate.
No game room shall be without sanitary facilities as required by local or state law or contain any fire, safety or health hazard prohibited by local or state law.
No licensee shall refuse to cooperate fully with the Village Clerk, any law enforcement officer or agency of the Village Building Inspector.
Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises possession or consumption is prohibited.
The owner or operator of an amusement game room shall not allow it to be open or used unless it is under the control and supervision of a person at least 21 years of age who shall ensure that it is operated in compliance with these regulations.
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game.
If any person shall have on the premises under his control four amusement games on the effective date of this chapter, the person shall apply for a game room license within 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 by the Building Inspector on the application in accordance with the procedure prescribed in this chapter.
Every license issued hereunder is subject to revocation by the Board of Trustees, Village of Brockport, 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 before the Board of Trustees, Village of Brockport.
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 on his own behalf. The Board of Trustees, Village of Brockport, shall render its decision in writing within 10 days of the date of the hearing. A copy thereof shall be served on the licensee. If the decision is to revoke the license, the licensee shall forthwith cease the operation of amusement games on the premises.
Violations. Any person or persons, firm or corporation violating any of the provisions of this chapter will be guilty of an offense punishable by a fine of no less than $100 but not to exceed $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each week's continuous violation shall constitute a separate additional violation. The Board of Trustees, Village of Brockport, shall have such other remedies as are allowable by law.
[Amended 3-16-1998 by L.L. No. 3-1998]
Complaints. Any individual may file a complaint. Such complaint shall be in writing and shall be filed with the Village of Brockport's Police Department. Such complaint shall immediately be investigated, and a written report thereon filed with the Board of Trustees, Village of Brockport, via the Village Clerk, within 30 days. The Board of Trustees, Village of Brockport, may, by majority vote, order a hearing as provided in § 3-12 above.
Civil action. In addition, the Board of Trustees, Village of Brockport, may authorize the institution of any appropriate civil action, including an action for injunction, for the purpose of enforcing this chapter.
This chapter 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. Additionally, this chapter shall not have application to all premises holding a valid New York State liquor license where there is on-premises consumption of alcoholic beverages.
If any section or provision of this chapter shall at any time be declared unconstitutional, it is the expressed legislative intent that no other section or provision hereof be thereby affected. The Board of Trustees, Village of Brockport, may from time to time, on public notice, modify the fees herein established. The Board of Trustees, Village of Brockport, may hereafter adopt rules and regulations to govern the operation and control of amusement games and the issuance of licenses to provide for the orderly operation of amusement centers and to encourage the public safety, peace and tranquility of the neighborhood where the centers are located.