[Adopted 10-8-1957 by G.O. No. 43-1957; amended in its entirety 7-2-1991 by G.O. No.
15-1991]
As used herein, the following terms shall have the meanings
indicated:
Includes all mechanically operated devices which are used
to convey a person or persons in any direction as a form of amusement
but shall not include juvenile amusement devices as defined herein.
Includes amusement devices designed for and used exclusively
by children, such as but not limited to any mechanically or electrically
operated pony, horse, boat, airplane and/or equipment of similar design
which may be placed on a stationary platform within any premises to
which the public is invited and which devices are to provide an up
and down, rocking and/or circular motion for enjoyment of not more
than two children at a time.
Includes any person, persons, firm, partnership or corporation.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Department of Housing and Buildings may adopt regulations
governing the safety, maintenance, installation and operation of amusement
devices and juvenile amusement devices.
[Amended 7-18-1996 by L.L. No. 5-1996]
It shall be unlawful to operate any juvenile amusement device
unless the person desiring to operate the same shall, before doing
so, obtain a license from the Director of the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
Application for a juvenile amusement device license shall be
made to the Director of the Office of Licensing upon such forms as
the Director shall prescribe. Such application shall contain the name
of the person and, if a partnership, the names of the partners and,
if a corporation, the names of the officers of such corporation; the
place or places of business at which such amusement device is to be
located, together with the home address of all persons listed in the
application; and the type of amusement device to be used. Upon filing
such application, the applicant shall furnish a policy or duplicate
policy of liability insurance with limits of not less than $25,000
for injury to one person and not less than $50,000 for one accident,
which policy shall be approved as to form and validity by the Corporation
Counsel.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Director of the Office of Licensing shall, before issuing
a juvenile amusement device license, cause an inspection to be made
of each such amusement device by the Department of Housing and Buildings
to determine whether such device is so constructed, mechanically and
electrically, as to permit its operation safely and without danger
to the users thereof. Subsequent to the issuance of the license, the
Director of the Office of Licensing shall cause periodic inspections
to be made of all such devices and may, if any such device is found
defective or unsafe, revoke the license therefor.
[Amended 6-26-2012 by L.L. No. 9-2012; 6-1-2017 by L.L. No. 10-2017]
The applicant for a juvenile amusement device license shall
pay to the Comptroller, before the issuance thereof, an annual license
fee of $150 for each device to be operated.
A.Â
No amusement device shall be constructed or altered unless:
(1)Â
Approval has been granted by the New York State Labor Department,
if required;
(2)Â
Plans and drawings, in duplicate, have been submitted to the Department
of Housing and Buildings showing the proposed construction and mode
of operation; and
[Amended 7-18-1996 by L.L. No. 5-1996]
(3)Â
A permit has been issued by the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.Â
Repairs to amusement devices may be made without a permit from the
Department except if a change in safety devices or operating mechanism
is made.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.Â
No amusement device shall be put in operation unless a certificate
of compliance and a permit to operate is applied for and issued by
the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.Â
Fees for a permit to construct or alter an amusement device shall be based on cost and shall be in the amount specified in § 56-19A.
B.Â
The fee for a certificate of compliance for each amusement device shall be $125, plus payment of the required fee for a permit to operate as described in Subsection C.
[Amended 7-18-1996 by G.O. No. 8-1996]
C.Â
No amusement device occupying premises for 30 days or more shall
be operated unless an annual permit to operate is issued by the Department.
An application for a permit to operate shall be made on a form issued
by the Department. A permit to operate shall be issued, provided that
all applicable requirements are met and an annual fee of $125 is paid
for each amusement device.
[Amended 7-18-1996 by L.L. No. 5-1996]
D.Â
No amusement device occupying premises for less than 30 days shall
be operated unless a permit to operate is issued by the Department.
The fee shall be $125 per amusement device for 10 or fewer amusement
devices and $175 per amusement device for 11 or more amusement devices.
[Amended 7-18-1996 by L.L. No. 5-1996; 7-18-1996 by G.O. No.
8-1996]
[Amended 7-18-1996 by L.L. No. 5-1996]
The Department of Housing and Buildings shall cause an inspection
of amusement devices to be made at least once in every six months.
Upon notice from the Department or its duly authorized representatives,
any repairs found necessary to such amusement devices shall be made
without delay by the owner or lessee. If defects with the amusement
device are found which are dangerous to life or limb, then the use
of such amusement device shall cease, and it shall not again be used
until the Department certifies, in writing, that such amusement device
has been made safe. After every inspection which shows any amusement
device to be safe, in conformity with the requirements of this article
and the rules and regulations of the Department, the Department shall
issue a certificate to that effect.
[Amended 7-18-1996 by L.L. No. 5-1996]
No operator of amusement devices known as "electrically operated
scenic railroads" shall be employed unless such operator has attained
the age of 21 years and has secured a certificate of competency from
the Department of Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.Â
The owner or lessee or person in charge of an amusement device shall
immediately notify the Department of Housing and Buildings of each
and every accident to a person or damage to apparatus on or about
or in connection with any amusement device and shall afford the Department
or its representatives every facility for investigating such accident
or damage.
B.Â
The Department shall, without delay, after being notified, make an
investigation and shall place on file with the Director of the Department
a full and complete report of such investigation. Such report shall
give in detail all material facts and information available and the
cause or causes, so far as they can be determined, and shall be open
to public inspection at all reasonable hours.
C.Â
When an accident involves the failure or destruction of any part
of the construction or operating mechanism of an amusement device,
said amusement device shall not be used until it has been made safe.
The Department may, if deemed necessary, order the discontinuance
of the amusement device until a certificate has been issued by the
Department for its use. No part of the damaged construction or operating
mechanism shall be removed from the premises until permission to do
so has been granted by the Department or its representative.
