[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.]
GENERAL REFERENCES
Licensing — See Ch. 109.
Zoning — See Ch. 165.
Fees — See Ch. A171.
[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.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[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:
AMUSEMENT CENTER
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.
AMUSEMENT CENTER GAME
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.
OWNER OR OPERATOR OF AN AMUSEMENT CENTER GAME
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.
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.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.