[HISTORY: Adopted by the Town Board of the Town of Rockland 10-18-1984 (Ch. 19 of the 1984 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Amusements Centers Law of the Town of Rockland, New York."
A. 
Type of activities.
(1) 
No person shall engage, conduct, manage, operate or cause to be conducted, managed, or operated within the Town any amusement center, billiard parlor, poolroom, penny arcade, game room, pinball or amusement machine center, or amusement device without first obtaining a license from the Town Clerk as provided in this chapter.
(2) 
Any establishment which contains more than five amusement devices shall be considered an amusement center. An "amusement device" means any device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement by one or more persons, singularly or collectively, or which may be so used. The term "amusement device" includes but is not necessarily limited to pinball machines, bagatelle, pool tables, foosball tables, electronic games, video games and similar devices.
B. 
Exemptions The provisions of this chapter shall not apply to vending machines, such as candy, cigarette or soft drink machines.
Any person desiring to procure a license to operate an amusement center or amusement device shall file with the Town Clerk an application in duplicate in writing on a form to be furnished by the Town Clerk, together with the required fee. Said application shall contain the following information:
A. 
The name, address, social security number and telephone number of the applicant, and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses, social security numbers and telephone numbers.
B. 
The address of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place.
C. 
The name, address and social security number of the registered agent of the applicant upon whom service of process is authorized to be made.
D. 
The name, address, social security number and telephone number of the manager of the applicant who shall be in charge of the applicant's business in the Town of Rockland.
E. 
With respect to each person whose name appears on the application:
(1) 
Any conviction in any jurisdiction of any offense which under the laws of the State of New York is designated a felony, misdemeanor or an offense involving moral turpitude, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings and penalty imposed.
(2) 
Each such person shall voluntarily submit to the taking of his or her fingerprints so that a proper investigation can be expedited.
F. 
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number of each such device.
G. 
The application shall contain a certification under oath, made by the applicant, that the information contained in the application is complete, accurate and truthful to the best of his or her knowledge and belief.
H. 
A diagram and description of the size and location of said premises, and parking facilities.
I. 
Such further information as the Town Clerk shall require in order to more fully explain any of the above subsections.
A. 
Investigation. At the time of filing an application for an amusement center license pursuant to this chapter, a fee as set from time to time by resolution of the Town Board shall be paid to defray the cost of the investigation required by § 47-5. This fee shall be nonrefundable and should the application be approved, shall be applied to the licensing fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
B. 
License for amusement center. The fee per year for a license to operate an amusement center and/or a place of business primarily devoted to any of the activities enumerated in Subsection A of § 47-2 shall be as set from time to time by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
C. 
Machine license. The fee for a license for commercial operation of an amusement machine, table, device or the like, each, shall be as set from time to time by resolution of the Town Board, whether located in a licensed premises or elsewhere. All such games of skill or amusement located within the limits of the Town of Rockland must post on each machine the license sticker issued by the Town Clerk, and such sticker must remain on said machine until its expiration date, or until the machine is removed from the premises. Such stickers shall be nontransferable. The machine license shall be valid only for the premises designated in the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
D. 
Proration. All licenses shall be issued on a calendar year basis. In the event that a license shall be issued for 1/2 year or for any length of time less than 1/2 year, the fees shall be 1/2 the amount set forth above, and upon the expiration of the duration of time stated in the license, the license shall be thereafter null and void.
A. 
Code Enforcement Officer. Upon receipt of the application for a license under this chapter by the Town Clerk, the duplicate shall be referred to the Code Enforcement Officer, who shall make an investigation of the applicant's business and moral character, to be made as he or she deems necessary for the public good. Such investigation shall look into the statements made upon such application, the applicant's business and general character.
B. 
Disapproval; grounds; effect. If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Town Clerk shall endorse on such application his or her disapproval and his or her reasons for the same, and shall notify the applicant that his or her application is disapproved and that no license will be issued.
C. 
Satisfactory report; issuance of license. If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory and the premises to be licensed meets all requirements of the fire, building, sanitary, and other applicable codes of the State of New York, the Town Clerk shall endorse on the application his or her approval, execute a license, addressed to the applicant for the carrying on of the business as applied for. The Town Clerk shall, upon payment of the fees prescribed in this chapter, issue and deliver to the applicant such license or licenses.
A. 
License content. The licenses issued by the Town Clerk under this chapter shall be numbered in the order issued and shall state clearly and legibly thereon the date of issuance, date of expiration, the signature of the Town Clerk, the name and address of the licensee, description of any vehicle used in connection with the business, the number of amusement games permitted in the amusement center, the maximum number of persons permitted in the amusement center at any time, any other conditions or restrictions imposed by the Town Board and the amount of fee.
B. 
Display. Every licensee under this chapter shall immediately publicly display such license and keep the same in the place of business plainly visible to the public at all times while the license remains in force.
C. 
Destruction. No person shall deface, mutilate, destroy or in any way alter such license.
D. 
Replacement of lost or destroyed license. Whenever a license under this chapter shall be lost, destroyed, defaced, or mutilated beyond legibility, without fault on the part of the licensee, his agents, or employees, a duplicate in lieu thereof under the original application may be issued by the Town Clerk upon payment of a fee as set from time to time by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
E. 
Use by another prohibited. No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
A. 
The owner and operator of any amusement center shall not permit a greater number of persons on the premises at any time than the capacity set forth in the license.
B. 
The owner and operator of any amusement center, and the members, officers, directors and holders of the stock of any privately held corporation, partnership, or association owning or operating an amusement center shall be of good moral character.
C. 
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 of an amusement center shall include but not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages, except within class one premises licensed by the state for on-premises consumption of those beverages.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New York Penal Law.
D. 
The owner or operator of any amusement center shall not permit an amusement game therein to be played or operated after 9:00 p.m. by a person under the age of 16, unless accompanied by and under the supervision of a parent or guardian over the age of 21.
E. 
The owner or operator of an amusement center shall not allow it to be open or used unless it is under the control of and supervision by a person at least 18 years of age who shall ensure that it is operated in compliance with this chapter.
F. 
All establishments designated as amusement centers must contain public rest rooms for men and women, separately.
G. 
No amusement center may have more than one machine per 24 square feet of open floor space.
H. 
Youths under the age of 16 shall not be allowed in the amusement center before 3:00 p.m. on school days.
I. 
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement device, and no such device shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.
J. 
No credit, allowance, check, slug, token or anything of value shall be offered or given to any player of any amusement device as a result of plays made thereon.
K. 
Every person who maintains, operates or conducts an amusement center shall comply with all applicable sections of the Code of the Town of Rockland.
L. 
The premises shall provide clear windows through which activities in the premises may be viewed from a point outside the premises accessible to the public and sufficient to view such activities.
M. 
No amusement device shall be moved from one location to another within the Town without written permission of the Town Clerk.
A. 
No license shall be granted for any premises to be used as an amusement center if such premises is located within 500 feet of the lot line of a public or private school, church, or youth club.
B. 
No license shall be issued or reissued to any applicant convicted of a misdemeanor or felony, which in the judgment of the Town Clerk renders the applicant unfit or undesirable to carry on the operation, maintenance or ownership of the amusement center.
C. 
No amusement center shall be allowed within 500 feet of another existing amusement center.
A. 
Any amusement device may be substituted or deleted by the owner or operator without additional fee under the license then in existence provided that the Town Clerk receives the information required by § 47-3 regarding any such amusement device proposed to be substituted or deleted.
B. 
Amusement devices may be added by the owner or operator of the amusement center upon payment of a fee, per additional amusement device, as set from time to time by resolution of the Town Board, provided that the Town Clerk receives the information required by § 47-3 regarding any such amusement device proposed to be added.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Revocation. Whenever the Town Clerk shall determine that a licensee is violating any applicable provision of the Town of Rockland Municipal Code or any applicable law, rule or regulation, the Town Clerk, after notice and hearing, may revoke said license.
B. 
Notice of hearing. Notice of hearing for revocation of a license shall be given, in writing, setting forth specifically the grounds of complaint, and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address, at least 10 days prior to the date set for hearing.
C. 
Hearing. The hearing shall be held not sooner than 10 days nor more than 30 days after service of the notice. The licensee shall have the opportunity to present evidence, to cross-examine witnesses and to be represented by counsel.
D. 
Determination. The Town Clerk may for sufficient cause revoke the license, suspend the license for a reasonable period or dismiss the proceeding.
E. 
Appeals. Any person aggrieved by the action of the Town Clerk in the denial of an application for a license or by the decision of the Town Clerk revoking or suspending a license shall have the right to appeal to the Town Board. 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. The Town Board shall set a time and place for such hearing and notice thereof shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
F. 
Suspension. For good cause or in case of an emergency, the Town Clerk may immediately suspend a license issued pursuant to this chapter until a public hearing and determination is made. Personal service or service by mail as above provided shall be deemed sufficient.
Any person who shall violate any provision of this chapter shall be guilty of a violation pursuant to the Penal Law punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.