Games of chance — See Ch. 253.
§ 161-1Purpose and intent.
§ 161-3License required.
§ 161-4Application for license.
§ 161-5General regulations.
§ 161-7Penalties for offenses.
It is the purpose and intent of this chapter to provide for the control of game rooms within the Village of Sloan through the licensing thereof, for the procedures to be followed with respect to the administration of this chapter, and for the fees to be collected in connection therewith. In enacting this chapter, the Board of Trustees finds that the licensing of game rooms is in the best interest of the Village of Sloan; promotes the good government of the Village, its management and business; and preserves the public safety, property, good morals and general welfare of the inhabitants of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Any mechanical or electronic 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 device or contrivance, 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 and similar devices. The term "amusement device" does not include jukeboxes or rides.
- GAME ROOM
- A building or place containing three or more coin-controlled amusement devices. This definition does not include any device the possession or use of which is prohibited by law.
- A person who is the record owner, contract purchaser receiver, assignee, lessee or bailee of one or more coin-controlled amusement device.
- One or more individuals, a partnership, an unincorporated association or a domestic or foreign corporation.
No person shall maintain or operate a game room within the Village of Sloan, whether or not such game room is under the control of such person, without a license to do so having first been obtained from the Village as hereinafter provided.
Any person desiring to maintain or operate a game room shall make and submit an application to the Clerk-Treasurer's office of the Village for a license permitting such a game room. Said application shall be made on a form supplied by the Village, shall be signed by the applicant and shall contain a certification under oath that the information contained in the application is complete, accurate and truthful to the best knowledge and belief of the applicant. Said application shall require the following information:
The name, address, date of birth, social security number and telephone number of the proposed operator of the game room. If the operator is a partnership, unincorporated association, firm or corporation, the names of the officers, members, directors or holders thereof, together with their addresses, social security numbers, dates of birth and telephone numbers shall also be submitted.
The number of devices which are to be placed in such game room.
A description of the devices, including the name of the manufacturers, serial numbers, if any, and their general mechanical features.
The name, address, social security number, date of birth and telephone number of the person having charge of the devices.
The address of the premises upon or at which the devices are to be located.
As to each person whose name appears on the application, the fact of conviction in any jurisdiction of a felony with a full disclosure of the offense, time and place of commission, legal proceedings and penalty imposed.
As to each person whose name appears on the application, his fingerprints for the purpose of expediting the investigation of said application.
Upon receipt of the completed and signed application and upon receipt of the requisite license fee computed pursuant to the schedule of fees in effect at the time of application, the Clerk/Treasurer's office shall refer all applications relating to game rooms to the Code Enforcement Officer to determine whether the premises where the device or devices are to be located complies with all applicable laws, ordinances, rules and regulations of the Village and to the police officials of the Town of Cheektowaga, who shall cause an investigation to be made of the background of the applicant to determine that all persons involved can reasonably be expected to operate the game room in accordance with law and free from gambling and other illegal conduct. The foregoing investigations shall be completed within 45 days from the time of filing of a completed application. In the event that any such investigation does not result in a report within the foregoing time period, said application shall be deemed to be approved by the Code Enforcement Officer and the Cheektowaga police.
If, after review of the application and the reports of the Code Enforcement Officer and police officials of the Town of Cheektowaga, the Clerk/Treasurer's office finds that all requirements of this chapter and any other applicable laws, ordinances, rules and regulations of the Village have been met, said office shall issue the license permitting operation of the game room in accordance with the further provisions of this chapter; provided, however, that no such license shall be issued for any such game room which shall contain or employ devices prohibited from use by the laws of New York, such as a gambling device or slot machine; and provided, further, that, except as provided in New York Correction Law Article 23-A, no such license shall be issued to be held by any person who has been convicted of a felony 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 felony.
If an application for a license or licenses is denied by the Clerk/Treasurer's office, the grounds for such denial shall be set forth in writing. The applicant shall be entitled to a hearing before the Board of Trustees of the Village, if requested, within 14 days following notice of the denial of the application. The applicant shall be afforded the opportunity at such hearing to present evidence and witnesses on his behalf in connection with the application. Following such hearing, said Board shall render a determination on the application within 20 days. Said determination shall be set forth in writing and shall state the grounds therefor.
The owner and operator of any game room shall comply with all provisions of laws, ordinances, rules or regulations relating to the conduct of business and the use and maintenance of the premises.
The owner and operator of any game room shall cause the game room license to be posted at all times in a conspicuous place on the premises.
The owner and operator of any game room 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 owner and operator of any game room 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:
The owner and operator of any game room shall not permit a coin-controlled amusement device therein to be played or operated after 10:00 p.m. by a person under the age of 15 unless accompanied by and under the supervision of a parent.
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.
No game room containing more than 10 coin-controlled amusement devices shall be open or used unless staffed by at least one person for each 10 games or fraction thereof.
The owner and operator of any game room shall provide at least 12 square feet of floor space within the game room for each coin-controlled amusement device.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.