[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan 4-18-1989 by L.L. No. 1-1989 (Ch. 40 of the 1989 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 253.
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:
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.
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.
A.
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:
(1)
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.
(2)
The number of devices which are to be placed in such game room.
(3)
A description of the devices, including the name of the manufacturers,
serial numbers, if any, and their general mechanical features.
(4)
The name, address, social security number, date of birth and telephone
number of the person having charge of the devices.
(5)
The address of the premises upon or at which the devices are to be
located.
(6)
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.
(7)
As to each person whose name appears on the application, his fingerprints
for the purpose of expediting the investigation of said application.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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:
E.
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.
F.
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.
G.
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.
H.
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.
