[HISTORY: Adopted by the Board of Trustees of the Village of Delhi as indicated in article histories. Amendments noted where applicable.]
Games of chance — See Ch. 159.
Article I Bingo
Article II Amusement Centers
[Adopted 10-5-1970 (Ch. 5, Art. I, of the 1979 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be lawful for any authorized organization, as defined in § 476 of General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Village of Delhi, subject to the provisions of this article, Article 14-H of General Municipal Law and Article 19-B of Executive Law.
[Adopted 9-10-1984 by L.L. No. 7-1984 (Ch. 5, Art. II, of the 1979 Code)]
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT CENTER
- The premises, including a theater, restaurant, hall, auditorium, tent, structure, building or enclosure of any type, within which is produced, offered, presented or operated three or more coin-operated amusement games. This definition does not include such premises in which jukeboxes are the only type of amusement game.
- AMUSEMENT GAME
- Any mechanical or electronic device used or designated to be operated for entertainment or as a game by the insertion of a coin, token, etc., and shall include the type of mechanical or electronic device commonly known as "baseball," "radio" or similar target, "pinball," "pool table," "snooker table," "foosball," television-screen-type games such as tennis or handball and those individual mechanical motion-picture machines commonly referred to as "peep shows." The above enumeration shall not be deemed to be exclusive. This definition does not include any device, the possession or use of which is prohibited by law.
- Includes any individual, any business enterprise, such as a corporation, partnership, association, trust or firm, and any trustee or receiver.
- The Village of Delhi.
No person shall maintain or operate an amusement center within the Village without first having obtained an amusement center license.
An application for an amusement center license shall be made to the Village Clerk.
Upon receipt of an application for an amusement center license and after approval for Zoning Code compliance by the Code Enforcement Officer, said Code Enforcement Officer shall cause an inspection of the premises to be made:
To determine whether the applicant is complying with the laws and ordinances which he is charged with enforcing. Said Code Enforcement Officer shall have the right to enter upon any premises for which an amusement center license is sought for the purpose of making such an inspection during normal business hours.
To determine whether public safety problems exist on the premises; and the Village shall cause an investigation to be made of the background of the owner and the operator of the center. The Village and its representatives shall have the right to enter upon such premises for the purpose of making such inspections during normal business hours. Further inspections of the premises may be made by the Village police after a license has been issued to ensure compliance with laws and ordinances relating to amusement centers.
Except as provided in the New York Correction Law, Article 23-A, no amusement center license shall be issued to any person who has pleaded guilty to or has been convicted of any felony.
No amusement center license shall be issued for an amusement center located within 400 feet of a public or private elementary or secondary school property or church property.
The Village may promulgate rules and regulations to govern the operation of amusement centers so as to provide for the orderly operation of the centers and to ensure the public safety and the peace and tranquility of the neighborhood where the centers are located.
No amusement center license shall be issued for an amusement center located within 100 feet of R-1 or R-2 zoned areas.
The owner and operator of any amusement center shall comply with all the notices, orders, decisions and rules and regulations made by the Village of Delhi governing the occupation and use of said premises.
The owner and operator of any amusement center shall cause the amusement center license to be posted in a conspicuous place on the premises of the amusement center.
The owner and operator of any amusement center shall not permit, at any time, a greater number of persons on the premises than the capacity approved by the Village according to its Fire Code and set forth on the amusement license.
The owner and operator of any amusement center shall maintain good order on the premises at all times. The lack of good order on the premises shall include, but not be limited to, the following:
Fees for an initial amusement center license issued for less than a full year shall be prorated on a quarterly basis. Payment of the fee shall be due upon application for the license.
Amusement center licenses shall expire on December 31 of each year.
Every operator of an amusement center shall cause his name, business address and telephone number to be affixed to each game on a sticker to be provided by the Village.
No minor under 16 years of age shall be allowed to operate any amusement game in an amusement center, except jukeboxes, during normal school hours or after dusk, unless such minor is accompanied by a parent or guardian. Such restriction will be posted in a sign in a conspicuous place near the amusement games. This subsection shall not apply to an amusement center which is not licensed or authorized to serve alcoholic beverages of any kind.
[Amended 9-18-2000 by L.L. No. 1-2000]
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game in an amusement center, and no such game shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any coins, slugs or metal tokens.
No check, slug or token shall be offered or given to any player of any amusement game in an amusement center as a result of plays made thereon.
The Village may promulgate rules and regulations to govern the operation and control of amusement games in amusement centers to provide for the orderly operation of amusement centers and to ensure the public safety and the peace and tranquility of the neighborhood where the centers are located.
The owner and operator of any amusement center shall have an attendant who is at least 18 years of age to supervise the center whenever it is open.
The Village may deny or revoke a license or deny the renewal of a license to any applicant who is a convicted felon, who does not comply with the provisions of this article or any rules or regulations promulgated under this article or who makes a material misrepresentation on the license application. The Village shall give a written notification to an applicant of the reasons for the denial or revocation of a license.
The Village shall have the power to investigate and inquire into licenses and applicants under this article and to require and enforce by subpoena the attendance of witnesses at such investigations.
Any person aggrieved by the action of the Code Enforcement Officer in the denial of an application for a license, as provided in § 113-4, shall have the right to appeal to the Village Board of the Village. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Within 30 days of the receipt of such notice, the Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. Any person aggrieved by a decision of the Village Board shall, within 30 days of the receipt of such decision, appeal to the Supreme Court of New York State.
Any person who shall act as an amusement center operator, as herein defined, without a license or who shall violate any of the provisions of this article or who shall continue to act subsequent to the revocation of his license shall be guilty of an offense and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense.