Village of Yorkville, NY Chapter 40 Amusement Devices

[HISTORY: Adopted by the Board of Trustees of the Village of Yorkville 8-1-1950; amended in its entirety 3-2-1993 by L.L. No. 1-1993. Subsequent amendments noted where applicable.]

§ 40-1 Legislative intent.

The Village of Yorkville recognizes that the use and ownership of amusement devices must be adequately controlled so as to prevent public disorder, nuisance, loitering and other acts detrimental to the health, safety and welfare of the residents of the Village and in particular to protect the adolescents of the Village against the evils associated with gambling, and this chapter is intended to provide such control and regulation.

§ 40-2 Definitions.

For the purposes of this chapter, the following definitions shall apply:

AMUSEMENT DEVICE

Any coin-controlled amusement device of any description and, particularly but not by way of limitation, the type commonly known as "bagatelle," baseball," "football," "iron claw," "pinball" and "video amusement games," including jukeboxes and video jukeboxes.

MINI THEATER, PROJECTION BOOTH OR OTHER DEVICE DISPLAYING FILMS OR VIDEOS

A theater, booth, machine, device or other contrivance which presents material in the form of live shows, films, videotapes, slides or pictures, viewed from an individual enclosure, for which a fee is charged.

PERSON

Includes one or more individuals, a partnership, company, corporation, association, society or any other legal entity and any officer, agent, servant or employee of the foregoing in charge of the premises hereinafter mentioned.

§ 40-3 Applicability.

This chapter, however, shall include any parcel of land, building, structure, vehicle or any other place where an amusement device may be kept, maintained, exhibited, used or operated.

§ 40-4 Illegal use or purpose prohibited.

No licensed device under this chapter shall be operated or devoted or permitted by the licensee, holder of a license or any person in responsible charge of such premises to be operated or devoted for or to any use or purpose prohibited by law.

§ 40-5 License required.

No person shall keep, maintain, use or exhibit or permit to be kept, maintained, exhibited, used or operated in or upon any premises in his possession or under his control within the Village a manually or mechanically operated amusement device used or designed in whole or in part for the amusement, entertainment or recreation of the public or a mini theater, projection booth or other device displaying films or videos without first obtaining a license therefor from the Village Clerk, as provided in this chapter.

§ 40-6 Application for license.

A. A verified application, in duplicate, shall be made by any person desiring a license required by this chapter to the Village Clerk for such license, upon blanks to be furnished by him or her, giving the name and address of the manufacturer of the device; the manufacturer's number, if any; a complete detailed description of the device, including all the mechanical features thereof; the method of its operation; the location by street and number where the device is sought to be licensed; the nature and use of the premises upon which the device is proposed to be kept, maintained, exhibited or operated; the number of such devices already licensed and sought to be licensed upon the same premises; information on similar establishments in the Village; and such further information as the Village Clerk may require.

B. The application shall also contain a complete statement indicating whether or not any previous application has been made hereunder and whether any license has been received, refuted, suspended or revoked, with the circumstances thereof.

§ 40-7 Issuance of license.

The Village Clerk is hereby authorized, in his or her discretion, to issue the license required by this chapter upon the terms and conditions prescribed in this chapter.

§ 40-8 Investigation of applicant.

The application for a license under this chapter shall be referred by the Village Clerk to the Chief of Police for his investigation and recommendation as to approval or disapproval, and he shall forward his recommendation, in writing, to the Village Clerk. No such license shall be issued without approval of the Chief of Police. The Chief of Police shall cause such inquiries, inspections and investigations to be made as he deems necessary to carry out the intent and purpose of this chapter, including but not limited to the device sought to be licensed or which shall be licensed, the premises upon which such device is proposed to be or shall be located and the moral character of the applicant or any person in responsible charge of such premises. In order that the intent and purpose of this chapter shall be carried out, the control and regulation of such devices shall be under the supervision of the Police Department, and members of the Department may at any and all times, when such premises are open, visit the same and make an inspection thereof.

§ 40-9 Fees.

Prior to the issuance of any license under this chapter, the Village Clerk shall collect the license fees prescribed by resolution of the Board of Trustees.[1]

[1] Editor's Note: The current fee resolution is on file in the office of the Village Clerk.

§ 40-10 Tag required.

A license shall be procured under this chapter for each device. A tag hearing the same number as the license and the year of issuance shall be obtained from the Village Clerk and securely attached to each licensed device so that it shall be and at all times remain conspicuous. No amusement device shall be kept, exhibited, used or operated in the Village until and unless such tag shall have been so attached thereto.

§ 40-11 Expiration of license.

Each tag and license issued under this chapter shall expire July 31, unless sooner revoked by the Village Clerk.

§ 40-12 Transfer of license or tag.

No license or tag issued under this chapter shall be transferred from one device to another or from one premises to another.

§ 40-13 Revocation of license.

Any license granted under this chapter may be revoked by the Village Clerk, and any tag issued under such license may be recalled and destroyed for any of the following:

A. The violation of any of the provisions of this chapter.

B. The violation of any law, ordinance, rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.

C. The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use of or operation of the licensed device.

D. Upon the conviction of the licensee, holder of a license or any person in responsible charge of said premises of a crime.

E. Upon the recommendation of the Chief of Police, in writing, stating the reasons thereof.

F. Otherwise, for cause.

§ 40-14 Procedure for revocation.

A. If the Village Clerk determines that the license granted under this chapter should be revoked and any tag issued under such license should be recalled and destroyed, the Village Clerk, within five days of the determination, must notify the licensee, in writing, of the reasons for the determination, specifying that the license will be revoked within 15 days of the date of the notice. The licensee, within five days of the date of the notice of revocation from the Village Clerk, must, in writing, request a hearing before the hearing panel to determine the appropriateness of the Village Clerk's determination and notice of revocation.

B. The hearing panel, consisting of three members of the Village Board of Trustees, must, within five days of the receipt of the licensee's demand for a hearing, conduct a hearing to determine whether the licensee's license should be revoked and any decal recalled. The determination by the hearing panel must be a majority decision. The technical rules of evidence will not apply to the hearing before the hearing panel. The hearing should be recorded by means of a tape recorder.

C. At the conclusion of the hearing, the hearing panel will deliberate and render a decision on the record.

D. The determination by the hearing panel will be final.

§ 40-15 Penalties for offenses.

A. Any person violating any provisions of this chapter shall, upon conviction, be punishable as provided in § 1-14 of Chapter 1, General Provisions.

B. Each day's maintenance, exhibition or use of any manually or mechanically operated amusement device in violation of the provisions of this chapter shall constitute a separate offense.

C. Any person maintaining, operating or in responsible charge of premises upon which a manually or mechanically operated amusement device is kept, exhibited or used, to which device a fictitious tag purporting to be issued by the Village Clerk or a counterfeit of said decal is attached, or any person attaching such tag to an amusement device, shall, upon conviction thereof, be punishable by a penalty as prescribed above.

§ 40-16 Applicability.

This chapter shall not apply to licenses issued prior to its adoption. Any machines installed or license issued subsequent to the adoption hereof shall comply with the provisions of this chapter.