[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 3, Art. III, of the 1969 Code of Ordinances. Amendments noted where applicable.]
When used in this chapter the following words and terms shall have the meanings indicated:
- COIN-CONTROLLED AMUSEMENT DEVICES
- Any mechanical device used or designed to be used or operated for amusement by the insertion of a coin or token of any kind, including the type of mechanical devices commonly known as a jukebox, bagatelle, baseball, football and pinball amusement games. The above enumeration shall not be deemed to be exclusive.
- Any person who owns, places, distributes, locates or has in his possession for placing, distributing or locating within the City any coin-controlled amusement device or devices which may be intended to be operated in the City for the amusement, patronage or recreation of the public.
- Any person owning, operating, leasing, controlling or in possession or charge of any premises within the City where the aforementioned devices now are or may hereafter be located. The term "proprietor" shall not include any person, however, who holds title to such devices, and any person holding such title shall be included in the definition of "owner."
No owner shall place or deliver for use or have in his possession for delivery or use within the City any coin-controlled amusement device without first having obtained a license so to do from the City Clerk.
An owner who is also a proprietor shall not be required to obtain an owner's license, required under § 69-2, to maintain one jukebox and one other type of coin-controlled amusement device, actually owned by him, on his own premises or leasehold. Such exception shall not apply to a person who owns or controls more than one jukebox or other type of coin-controlled amusement device in the City.
The City Clerk on application duly made in accordance with the provisions of this chapter is hereby authorized to issue a license to an owner of a coin-controlled amusement device, upon payment of a license fee of $500.
An owner's license issued as provided in this chapter shall entitle the holder thereof to place as many coin-controlled amusement devices in possession of licensed proprietors as he may care to so place; provided, however, that such owner complies with all applicable provisions of this chapter.
[Amended 12-1-1970 by Ord. No. 1970-25]
An owner's license issued under the provisions of this chapter shall expire on the 31st day of December next succeeding the date of its issuance, and such expiration shall apply to and include all tags or identification markers issued in connection therewith, as provided below.
An owner's license issued as provided in this chapter may be revoked by the mayor for a violation of any of the provisions of this chapter applicable to owners.
No person defined herein as a proprietor shall maintain or operate or permit the maintenance or operation or have in possession of any coin-controlled amusement device within the City unless he shall have first obtained a license so to do in the manner provided for herein.
The City Clerk is hereby authorized to issue a proprietor's license pursuant to the provisions of this chapter to persons of good moral character, for each coin-controlled amusement device placed within the City on premises owned, leased, operated or controlled by the applicant for such license.
[Amended 12-1-1970 by Ord. No. 1970-25]
Proprietors' licenses provided for in this chapter shall be issued for the following periods upon the payment of the respective fees indicated:
The coin-controlled amusement devices may be exchanged for other such devices without payment of a new license fee; provided, however, that the provisions hereof with respect to tags and identification markers are complied with by the owner of the device.
A proprietor's license provided for in this chapter may be revoked by the Chief of Police for a violation of any of the provisions of this chapter applicable to proprietors.
Form. No license shall be issued to an owner, operator or proprietor unless the applicant for such license shall first present to the City Clerk a duly verified application for same on a form to be provided by said Clerk.
Approval. No application for an owner's license shall be entertained unless the application bears the written approval of the mayor. No application for a proprietor's license shall be entertained unless the application bears the written approval of the Chief of Police.
Required; fee. Each owner licensed as provided in this chapter shall purchase from the City Clerk a tag or identification marker to be furnished by said Clerk, for each coin-controlled device located by or for him or under his control within the City. The owner shall pay to said Clerk for each tag or identification marker so furnished the sum of $1. Every such device located within the City limits of the City shall have affixed to it in some prominent place one of such tags or identification markers, which shall bear the name and address of the person in whose name the title thereto is held, the number of the owner's license and the name, address and license number of the person in charge of the premises where the device is located.
Transfer. Said tags or identification markers shall not be transferred from one such device to another nor shall such devices be moved from the premises where they are originally placed unless the original tag or marker with the required information as to the new location is obtained from the City Clerk upon payment of said fee of $1.
A license shall be granted any proprietor of a commercial establishment for the location of one video game or pinball game or similar-type game on any premises within 200 feet of any public or private school.
This chapter shall not be construed as including or permitting any device the possession or use of which is prohibited by law in the State of New York.
No minor under the age of 18 years shall be permitted to operate a coin-controlled amusement device unless he be accompanied by his parent or guardian.
All proprietors licensed pursuant to the provisions of this chapter shall at all times preserve and maintain good order on the premises where coin-controlled amusement devices are located.
The issuance of a license pursuant to the provisions of this chapter shall not operate as a defense to the licensee in any criminal court to any prosecution wherein such licensee is charged with a violation of the Penal Law of the State of New York.
No license shall be issued hereunder to any person who has been convicted of a crime or of any gambling offense against the laws of the State of New York or the ordinances of the City, unless the applicant submits proof of good character satisfactory to the Mayor. In the event that any license holder is convicted of a crime or gambling offense as stated, his license shall be suspended immediately, shall be recalled by the City Clerk and shall not be reinstated except on order of the Mayor after such proof of good character has been furnished.
Any person violating any of the provisions of this chapter and any owner or proprietor who fails to obtain the license required hereby shall be guilty of a violation of this Code, punishable as provided in § 1-22 of this Code, said penalties to be in addition to forfeiture of such person's license.