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City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (34) Index
[Adopted 3-9-1982 by Section 2 of G.O. No. 2-1982; amended in its entirety 7-2-1991 by G.O. No. 15-1991]
[1]
Editor's Note: The title of this article, which was currently Coin-Operated Amusement Devices, was amended 10-13-2020 by Ord. No. 6-2020.
Editor's Note: The number of permitted coin-operated amusement devices is set forth in Chapter 43, § 43-42.
[Amended 3-10-2015 by G.O. No. 6-2015; 10-13-2020 by L.L. No. 6-2020]
As used in this article, the following terms shall have the meanings indicated:
CURRENCY-OPERATED AMUSEMENT DEVICE
Any machine which, upon the insertion of any form of currency, including, but not limited to, coins, bills, slugs, tokens, plates, cards or discs, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include but is not limited to the type of machine commonly known as "bagattelle," "baseball,"football," "pinball" or "video games." This article shall exclude any device, the possession or use whereof is otherwise prohibited by law.
PERSON
Includes one or more individuals, a partnership, company, corporation, association or society and any officer, agent, servant or employee of the foregoing in responsible charge of premises hereinafter mentioned.
PREMISES
Includes any parcel of land, building, structure, vehicle, boat, airplane or any other property or part thereof.
[Amended 7-18-1996 by L.L. No. 5-1996]
No person shall place or keep in such person's premises or place of business, for use by the public, any mechanical amusement device, as herein defined, unless such premises or place of business is licensed therefor by the City of Yonkers. Application for such license shall be made to the Director of the Office of Licensing upon forms to be supplied by the Director of the Office of Licensing for that purpose.
The application for such license shall contain the following information:
A. 
The name and address of the applicant and the applicant's age, date and place of birth.
B. 
The place where the machine or device is to be displayed or operated and the business conducted at that place.
C. 
The number of machines.
D. 
The serial number of each machine.
A. 
Application for a license shall be made out in two copies, one copy being referred to the Department of Housing and Buildings and one copy to be maintained by the Director of the Office of Licensing. The Department of Housing and Buildings shall investigate the premises wherein it is proposed to operate such machines and either approve or disapprove the premises as being in compliance with applicable law.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
Every applicant shall pay an inspection fee of $25 per premises.
A. 
Every applicant, before being granted a license, shall pay an annual license fee for the privilege of operating or maintaining for operation each coin-operated amusement device, as defined herein. The fees shall be as follows:
(1) 
One through 20 machines: $150 per machine.
[Amended 6-1-2017 by G.O. No. 8-2017]
(2) 
Twenty-one through 30 machines: $50 per machine in excess of 20 machines per premises.
(3) 
Thirty-one through 100 machines: $25 per machine in excess of 30 machines per premises.
(4) 
One hundred one and more machines per premises; $15 per machine in excess of 100 machines per premises.
B. 
Each license granted hereunder shall be granted for an annual term or any part thereof running from April 1 to March 31 of the next succeeding year. Written application for renewal shall be filed within the 30 days prior to the expiration date.
C. 
No such license shall be transferred from one device to another, except as hereinafter provided, nor to any person or premises other than that stated in the application therefor.
[Amended 7-18-1996 by L.L. No. 5-1996]
A license and seal issued under the provisions of this article may be transferred either to another device identical in every respect or to a device of the same general character as that licensed. No transfer shall be effective until the Director of the Office of Licensing issues a new seal.
A. 
Any license granted hereunder may be revoked by the Director of the Office of Licensing and any seal issued under such license may be recalled and destroyed for any of the following:
[Amended 7-18-1996 by L.L. No. 5-1996]
(1) 
The violation of any of the provisions of this article.
(2) 
The violation of any law, ordinance, rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which said device is located.
(3) 
The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed device.
(4) 
The recommendation of the Director of the Office of Licensing, in writing, stating the reasons therefor.
(5) 
Otherwise for cause.
B. 
This section shall in no way limit or impair the power otherwise vested in the City of Yonkers by law to revoke such license.
[Amended 7-18-1996 by L.L. No. 5-1996]
Any person attaching a fictitious or counterfeit seal or maintaining, operating or in responsible charge of premises in which a manually or mechanically operated amusement device is kept, exhibited or used, to which device a fictitious seal purporting to be issued by the Director of the Office of Licensing or a counterfeit of said seal is attached, shall be guilty of a violation of this article.
Each day's maintenance, exhibition or use of each manually or mechanically operated amusement device in violation of this article shall constitute a separate offense.