[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:
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:
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.
A.
Each
application for a license hereunder shall be filed with the Village
Clerk, in duplicate, 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 the business carried on at such premises
if used other than exclusively as an amusement game room.
(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 amusement
game room in the Village of Brockport.
(5)
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.
B.
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.
C.
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.
D.
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.
A.
The
annual fee for each proprietor shall be $50 for each amusement game
over four.
B.
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.
C.
The
license shall be payable annually in advance and shall accompany the
application for a license.
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.
E.
The
annual fee for each proprietor with four or less amusement games shall
be $25.
A.
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.
B.
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.
A.
The license shall not permit any individual to bet or gamble on the
premises in which the amusement game room is situate.
B.
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.
C.
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.
D.
No licensee shall refuse to cooperate fully with the Village Clerk,
any law enforcement officer or agency of the Village Building Inspector.
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 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.
G.
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.
A.
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.
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 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.
A.
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]
B.
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.
C.
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.
