[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 10-26-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any mechanical, electric or electronic device used or designated
to be operated for entertainment or as a game by the insertion of
a coin, slug, token, plate, disc, key or any other article into any
slot, crevice or other opening or by paying money to have it activated.
This definition does not include:
Rides.
Bowling alleys.
Any device maintained within a residence for the use of the
occupants thereof and their guests.
Any gambling devices whatsoever or any mechanism that has been
traditionally determined to be a gambling device or in any way contrary
to law or that may be contrary to any future laws of the State of
New York.
Jukeboxes.
A building or place containing five or more amusement games.
Any music-vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
An amusement game.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
The Village of Medina, Orleans County, New York.
It is the use to which such amusement games are put rather than
their inherent characteristics that has inspired the enactment of
this chapter. It is known that in other communities such amusement
games have encouraged and fostered gambling among adults and children,
tend to cause juvenile delinquency, are instruments for gambling in
their actual operation and use and are frequently located in the vicinity
of schools so that they are frequented by and readily accessible to
children who have, in many instances, squandered lunch money, carfare
and earnings needed to supplement the family income on such amusement
games and have even committed thefts to obtain money with which to
play such devices.
A.
No person shall maintain or operate a machine in the Village unless
it is licensed under this chapter.
[Added 3-29-1988 by L.L. No. 2-1988]
A.
All amusement games and video devices shall be so located within
the licensed premises that the screens and the operators are visible
from all points within the licensed premises, and no partitions, booths
or other like enclosures shall enclose the machines or devices or
restrict the clear view of the screens and operators thereof from
all points within the licensed premises.
B.
Premises to be licensed shall be located on a ground floor or first
floor and in facilities that have transparent windows opening onto
the abutting streets, so that the interior of the premises can be
readily viewed from the abutting sidewalks or streets, and nothing
shall be placed in or upon such windows that will block or restrict
in any way the clear view of the interior of the premises from the
abutting sidewalks or street.
C.
It is the purpose of this section to facilitate the enforcement of this chapter so that the provisions of this chapter contained in § 62-10, Conditions established prior to approval, § 62-16, One machine license per game, § 62-18, Number of persons permitted on premises, § 62-19, Order to be maintained on premises, § 62-20, Hours of operation, § 62-21, Age requirement for supervisory personnel, and § 62-22, Number of games limited, can be readily enforced and supervised by the police and other inspecting and enforcing agencies.
D.
The provisions of this section shall apply to all new applications
for licenses granted after the effective date of section and shall
not apply to renewals of existing licenses; provided, however, that
if any such existing license shall lapse and remain unrenewed for
a period of one year, such license shall not be renewed until the
licensed premises is brought into compliance with this section.
An application for a license shall be made to the Village Clerk
on forms containing information prescribed by said Clerk, including:
A.
The name and address of the applicant, age and place of birth.
B.
Prior convictions of the applicant, if any.
C.
The place where an amusement game or games are to be displayed or
operated and a description of any other business conducted at that
place.
D.
A description of the machine to be covered by the license, setting
forth its mechanical or electronic features.
Upon receipt of an application for a license, the Village Clerk
shall refer it to:
A.
The Code Enforcement Officer to determine whether the premises complies
with all applicable laws, local laws, rules and regulations. For that
purpose, the Code Enforcement Officer shall have the right to enter
upon and inspect the premises during normal business hours.
B.
The Chief of Police to cause an investigation to be made of the background
of the owner and the operator of the amusement game(s) or game room.
No license shall be issued to any applicant unless he shall
be over 18 years of age.
Except at provided in the New York Correction Law, Article 23-A,
no license shall be issued to or held by any person who has been convicted
of a crime or by any corporation, partnership or association, a member,
officer, director or holder of 10% or more of the stock of which has
been convicted of any crime.
After review of the application has been completed, the Village
Clerk shall forward it with his report, together with the recommendations
of the Code Enforcement Officer and Chief of Police, if any, to the
Village Board for its review and recommendations.
In approving a license, the Village Board may establish conditions
to promote and protect the health, safety and general welfare of the
Village and its inhabitants.
After approval by the Village Board, the Village Clerk shall
issue a license upon payment of the license fee. The license shall
state:
If the Village Board denies the application or approves it with
limits or conditions not satisfactory to the applicant and upon written
appeal by the applicant within 10 days of notification of the Village
Board's decision, the Village Clerk shall schedule a public hearing
for the first Village Board meeting, for which five days' notice
published in the official newspaper can be given, and, after such
hearing, the Village Board shall reconsider the same and may amend
or modify its decision.[1]
License fees shall be established from time to time by resolution
of the Village Board.[2]
A premises license shall be issued for the game room or other
licensed premises, and machine licenses shall be issued for each machine
in or upon such premises. The license or licenses herein provided
for shall be posted permanently or conspicuously at the premises wherein
the machine is to be operated or retained to be operated.
The fee for all authorized additions shall established from
time to time by resolution of the Village Board, the term of which
shall end upon expiration of the premises license issued. If the additional
machines would change the class of the license issued, a new application
must then be made as provided herein.
Not more than one game shall be operated under one machine license,
and the applicant or licensee shall be required to secure a machine
license for each and every game displayed or operated by him.
The operator of any game room shall comply with all provisions
of law, rules or regulations relating to the conduct of business and
the use and maintenance of the premises.
The operator of any machine shall not permit a greater number
of persons on the premises at any time than the capacity approved
by the Village Board as set forth in the license.
The operator of any machine shall maintain good order on the
premises at all times. The lack of good order on or about the premises
in which a machine is located shall include but shall not be limited
to the following:
A.
Fighting and rowdy behavior.
B.
Possession or consumption of alcoholic beverages, except within premises
licensed by the state for on-premises consumption of those beverages.
C.
Gambling.
D.
Violations of the New York State Penal Law, including the sale or
possession of controlled substances upon the licensed premises.
A.
A licensee shall not permit any individual under the age of 14 to
be on the game room premises at any time unless accompanied by a parent
or guardian or person at least 18 years of age with the consent of
the parent or guardian.
B.
A licensee shall not permit any individual under the age of 16 years
to be on the game room premises between the hours of 8:00 a.m. and
3:00 p.m. on any day upon which classes are being held at any school
in the school district in which the game room is located nor after
11:00 p.m. at any time unless accompanied by a parent or guardian
or person at least 18 years of age with the consent of the parent
or guardian.
The owner or operator of a game room 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.
The operator of a licensed premises shall not allow more amusement
games than the number permitted in the license to be located therein
at any time.
All licenses shall expire on June 1 of the year following the
issuance thereof, and the fees for such licenses shall be prorated
on a monthly basis upon original issuance thereof if the period to
be covered by such licenses shall be less than one year. The license
shall state the expiration date. Application for renewal of licenses
shall be submitted at least 30 days before the expiration of the existing
license.
Every license issued under this chapter is subject to the right
of revocation, which is hereby expressly reserved, to revoke the same
should the licensee, directly or indirectly, permit the operation
of any machine contrary to the provisions of this chapter, other local
laws of the Village of Medina or the law of the State of New York.
Said license may be revoked by the Village Clerk after written notice
to the licensee, which notice shall specify the local law or law violations
with which the licensee is charged, if, after a hearing, the licensee
is found to be guilty of such violations. Ten days' notice of
the hearing shall be given the licensee. At such hearing, the licensee
and his attorney may present and submit evidence or witnesses in his
defense.
[Amended 9-25-1990 by L.L. No. 8-1990[1]]
Any person, firm or corporation violating any of the provisions
of this chapter, in addition to the revocation of his or its license,
shall be liable to a fine or penalty of not less than $125 and not
more than $250 or by imprisonment for not more than 15 days, or both,
for each offense.
