[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay: Art. I, as Ch. 3, Art. I, of the 1975 Code; Art. II, as
Ch. 3, Art. II, of the 1975 Code. Sections 48-6 and 48-31 added and
§ 48-14 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted as Ch. 3, Art. I, of the 1975 Code]
The license fees for theaters and moving-picture houses, for bowling alleys, for shooting galleries, for opera houses and public places for dancing and for other forms of public exhibition, music, amusement and entertainment shall be the amounts fixed and prescribed therefor in § 109-1 of this Code.
All public dances and balls shall be discontinued at or before
the hour of 1:00 a.m., and said dance halls or places shall not permit
dancing before the hour of 8:00 a.m.
No license shall be issued for any theater, moving-picture house
or place for dancing unless such premises have suitable and safe means
of ingress and egress in case of panic or fire and unless such premises
comply with and conform to all the laws, ordinances and regulations
for the protection of the public from fire, are properly ventilated
and are supplied with sufficient toilet facilities. No dance hall
or place for dancing shall be licensed unless suitable provisions
shall be made for the furnishing of drinking water and facilities
for the checking of wearing apparel in wardrobes or checkrooms.
The Chief of Police, or any peace officer, or the Chief of the
Fire Department, or his assistants, shall have the power to inspect
any theater, moving-picture house or place for dancing and to vacate
or cause such premises to be vacated whenever any provision of any
law, ordinance or rule with regard to the same is being violated or
whenever any indecent or immoral act is committed or whenever any
disorder of a gross or violent character takes place therein.
Circuses, menageries and similar public exhibitions are hereby
prohibited within the limits of the village.
An offense against the provisions of this Article shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
[Adopted as Ch. 3, Art. II, of the 1975 Code]
As used in this Article, the following words shall have the
meanings respectively ascribed herein:
Any indoor place or enclosure in which is maintained or operated
for amusement, patronage or recreation of the public any coin-controlled
amusement device of any description, and particularly, but not by
way of limitation, the type commonly known as iron-claw, bagatelle
games, baseball, football and pinball amusement games, is hereby designated
an "amusement center" and subject to all the provisions of this Article.
Any coin-controlled amusement device of any description,
and particularly, but not by way of limitation, the type commonly
known as iron-claw, bagatelle, baseball, football and pinball amusement
games. The above enumeration shall not be deemed to be exclusive.
Said definition, however, shall exclude any device, the possession
or use of which is prohibited by law.
Any person who owns, places, distributes or locates an amusement
center game in any place in which it is operated for the amusement,
patronage or recreation of the public.
No person shall maintain or operate in any amusement center
in the village any amusement center game or device in violation of
the laws of the state or the village.
No person shall maintain or operate an amusement center without
first having obtained a license to do so.
A person licensed to operate or maintain an amusement center
shall be of good moral character and shall maintain good order in
the premises under his control.
The Mayor shall be authorized to issue a license for the maintenance
and operation of amusement centers. Every such license shall be countersigned
by the Clerk of the village, and upon presentation of such license
to the Treasurer of the village, so signed and counter-signed, and
the payment to the Treasurer of the license fee therefor, the Treasurer
shall endorse thereon his receipt of such license fee. Such license
shall not take effect until the receipt of the Treasurer shall have
been endorsed thereon.
Any applicant who shall have been refused an amusement center
license hereunder by the Mayor may apply to the Board of Trustees
at a meeting thereof for such license, and such license may be granted
or refused by the Board.
The Mayor may suspend any license to operate or maintain an
amusement center until the next meeting of the Board of Trustees,
and thereupon said license may be revoked or continued by said Board.
The fee for the license of an amusement center shall be $25
per year or fraction thereof.
A license to operate or maintain an amusement center shall expire
on the 31st day of December next succeeding the date of issuance thereof.
Every owner or operator of an amusement center game shall first
be required to obtain the license required herein.
A person obtaining a license as an owner or operator of an amusement
center game shall be of good moral character.
The Mayor shall be authorized to issue a license for owners
or operators of amusement center games. Every such license shall be
countersigned by the Clerk of the village, and upon presentation of
such license to the Treasurer of the village, so signed and counter-signed,
and the payment to the Treasurer of the license fee prescribed therefor,
the Treasurer shall endorse thereon his receipt of such license fee.
Such license shall not take effect until the receipt of the Treasurer
shall have been endorsed thereon.
Any applicant who shall been refused a license for an amusement
center game may apply to the Board of Trustees at a meeting thereof
for such license, and such license may be granted or refused by said
Board.
The Mayor may suspend any license for an amusement center game
until the next meeting of the Board of Trustees, and thereupon said
license may be revoked or continued by a Board.
The license fee for owners or operators of amusement center
games shall be $25 per year or fraction thereof for each such machine,
payable in advance.
Each license for an amusement center game shall expire on the
31st day of December following its issuance.
Application for the licenses required herein shall be made in
the first instance to the Village Clerk, who may require from the
applicant information, in writing and verified upon blanks to be furnished
by him, as to the name and address of the manufacturer of the device,
a detailed description of the mechanical features of the device, the
method of its operation, the name and address of the person having
responsible charge of the premises upon which the device is proposed
to be located for use and the location of said premises by street
and number and such other information as the Village Clerk shall deem
reasonably necessary. The Village Clerk shall then have a reasonable
time in which to make inquiry and investigation in regard to the character
of the applicant and the availability of the proposed device for a
license hereunder, prior to the issuing of any license hereunder.
No license shall be issued under this Article to any person
of ill repute or who has been convicted of a felony; and in the event
of any such conviction subsequent to the issuance of such license,
the same shall be immediately revoked.
A.
Owners or operators licensed hereunder shall be required to purchase
a tag or seal for each game in operation in any amusement center and
shall pay the sum of $1 for each tag or seal purchased. Said tag or
seal shall be affixed to the game in a prominent place and shall bear
a serial number and the owner's or operator's name or license
number.
B.
All tags and seals issued as a part of any license provided for herein
shall expire on the same date as said license.
Every owner or operator of an amusement center game, within
24 hours of the placement of any such game in the village, shall notify
the Village Clerk of said placement and shall give the serial number
of the tag or seal attached to said game, as well as the serial number
and name of the game, and the name of the holder of the license for
the amusement center in which said game is placed.
A.
Generally. No license, tag or seal shall be transferred from one location to another. When any owner or operator has obtained and paid for a license on any amusement center game required by § 48-21 and the same is in force, such license and the tag or seal issued and paid for in connection therewith, as provided in § 48-25, may be transferred to another amusement center game authorized to be licensed hereunder in substitution for the game bearing each license, tag or seal, without payment of any additional fee required for an original license, tag or seal, and such license, tag or seal may be subsequently transferred, from time to time, during the life of said license to a game authorized to be licensed hereunder in substitution for the substituted game then bearing such license, tag or seal, without payment of any additional fee, provided, however, that no substitution and no such transfer shall be made to a substituted machine at any location other than the location of the machine first licensed, as provided in § 48-25.
B.
Information to be furnished. No such transfer shall be made to any
substituted machines and no substitution shall be made unless 24 hours
prior to such substitution and transfer the owner or operator of the
machine bearing the license, tag or seal shall furnish to the Village
Clerk, in writing and verified upon blanks to be furnished by him,
information as to the name and address of said owner or operator,
the number of the license tag to be transferred, the name and address
of the manufacturer of the device or game proposed to be substituted,
a detailed description of its mechanical features, the method of its
operation, the name and address of the person having responsible charge
of the premises where the substitution is to be made, the location
of said premises by street and number, the time substitution is to
be made and such other information as the Village Clerk shall deem
reasonably necessary.
C.
Prohibited transfer. Substitution or transfer of a license, tag or
seal to any game not authorized by the provisions of the Article is
prohibited.
D.
Effect of transfer. After substitution and transfer of a license,
tag or seal as herein provided, the game from which the license, tag
or seal has been transferred shall no longer be operated unless again
licensed and paid for as a new game or substituted for a duly licensed
game without additional fee, as herein authorized. Transfer of any
license, tag or seal pursuant to the provisions of this section shall
not operate or be construed to extend the expiration date thereof,
namely, December 31 after issue, and such license shall continue to
be subject to all the terms of this Article and shall be revocable
for violation of any of the terms thereof.
[Amended 12-8-1981 by L.L. No. 2-1981]
No minor under 18 years of age shall be allowed to operate any
device covered by this Article unless such minor shall be accompanied
by his parent or guardian or, in the alternative, said parent or guardian
has filed with the owner of said establishment written permission,
subscribed and acknowledged in the form entitling a deed to be recorded,
for said minor to operate any device covered by this Article. The
written permission set forth in this Article shall not be acceptable
to waive the age restriction in any amusement center which is also
licensed by the State of New York Alcoholic Beverage Control Board
for the on-premises consumption of alcoholic beverages.
No cash award or awards of merchandise, credit or other thing
of value shall be made in any contest, tournament, league or individual
play on any game maintained or operated in any amusement center, and
no device shall be permitted to operate if said device delivers to
the player coins, slugs or tokens on certain scores or if said device
may be readily converted to deliver to the player such coins, slugs
or tokens.
Any coin-controlled amusement device operated or maintained
in violation of the terms of this Article may be seized in compliance
with the terms and provisions of the statutes of the state and the
legislation of the village.
