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:
C.
Any device maintained within a private residence for use of
the occupants thereof or their guests.
D.
Any device, the possession or use of which is prohibited by
law.
AMUSEMENT GAME ROOM
A room or place used for and containing more than four amusement
games and meeting the specifications prescribed in this chapter.
PERSON
One or more individuals, a corporation, partnership, association,
trust, firm, trustee, receiver or assignee or any other legal entity.
PREMISES
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.
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.
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.
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.
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.