[1]
Editor's Note: Local Law No. 3-1982, adopted 12-13-1982, superseded and replaced Articles I and II of Ch. 4 and enacted new provisions therefor. Former Art. I, §§ 4-1 — 4-15, was reserved and Art. II, §§ 4-16 — 4-20 and §§ 4-26 — 4-35, was concerned with amusement devices and derived from Ord. No. 28, adopted 7-10-1939 and amended 7-29-1969.
[L.L. No. 3-1982]
It is the legislative intent and findings of the Village Board
of the Village of Tuckahoe that the use, placement and ownership of
coin-operated amusement devices (hereafter called "amusement devices")
must be adequately regulated so as to prevent public disorder, nuisance,
loitering and other acts detrimental to the public health, safety
and welfare, as well as to ensure safe and proper location of such
devices in order to promote fire safety and prevent overcrowding,
excessive noise and other detrimental effects.
[L.L. No. 3-1982]
(a)
No person shall maintain, use, exhibit or permit to be maintained,
exhibited, used or operated in or upon any premises in his possession
or under his control within the Village of Tuckahoe an amusement device
as defined herein designed in whole or in part for the amusement,
entertainment or recreation of the public, without first obtaining
a license therefor in compliance with this local law.
(b)
Licenses shall be obtained for amusement devices as defined in § 4-3 in accordance with the fee schedule below, which license shall be issued by the Village Clerk.
(c)
A license fee shall be paid at the rate of $200 for each amusement
device and the sum of $2 for each seal obtained under this article.
(d)
A license fee shall be paid at the rate of $100 for each jukebox,
and the sum of $2 for each seal obtained under this article.
[L.L. No. 3-1982]
As used in § 4-2, the following words, terms and phrases shall have the meanings ascribed to them in this section unless from the context a different meaning clearly appears:
A machine which is mechanically or electronically operated,
including but not limited to baseball and football games, pinball
machines, video games and other similar games in which points are
tabulated in high scores by one or more persons, that is controlled
or operated by the insertion of a coin or token or payment of a fee
for the privilege of operating the machine and intended for the amusement
or recreation of a patron.
A machine which is mechanically or electronically operated
to play music by the insertion of a coin, token or payment of a fee
for the privilege of operating the machine.
Includes one or more individuals, a partnership, company,
corporation, society or other legal entity and any officer, agent,
servant or employee of the foregoing in charge of the premises hereinafter
mentioned.
[L.L. No. 3-1982]
The provisions of this local law shall apply to any parcel of
land, building, structure, leased premises or other location where
an amusement device may be maintained, exhibited, used or operated.
[L.L. No. 3-1982]
No more than three amusement devices and one jukebox shall be
licensed under this local law for maintenance, exhibition or use in
any one premises at any one time.
[L.L. No. 3-1982]
No person under 12 years of age shall be permitted by the licensee
under this article, or any person in responsible charge of the premises
upon which any device is located, to operate such device.
[L.L. No. 3-1982]
No person attending elementary school, junior high school or
high school shall be permitted to operate any amusement device between
7:00 a.m. and 3:00 p.m. on those days when school is in session within
that person's school district in the Town of Eastchester or the
Villages of Tuckahoe and Bronxville.
[L.L. No. 3-1982]
(1)
An application shall be filed with the Village Clerk for issuance
of a license for each amusement device. The application form shall
require the following information:
(2)
No license shall be issued until the proposed location of each device
has been approved in writing by the Fire Inspector of the Town of
Eastchester and the Police Chief of the Village of Tuckahoe.
(3)
The application for a license under this article shall be referred
by the Village Clerk to the Chief of Police for his investigation
and recommendation as to approval or disapproval, and he shall forward
his recommendation in writing to the Village Clerk. No such license
shall be issued without approval of the Chief of Police. The Chief
of Police shall cause such inquiries, inspections and investigations
to be made as he deems necessary to carry out the intent and purpose
of this article, including but not limited to the device sought to
be licensed or which shall be licensed, the premises upon which such
device is proposed to be or shall be located and the moral character
of the applicant or any person in responsible charge of such premises.
In order that the intent and purpose of this article shall be carried
out, the control and regulation of such devices shall be under the
supervision of the Police Department, and members of the Department
may at any and all times, when such premises are open, visit the same
and make an inspection thereof.
(4)
Upon receipt of required Fire Inspector and Police Chief approvals,
a complete application and payment of the required fees, the Village
Clerk shall issue a license for up to three amusement devices, as
described in the license application, for any one location in accordance
with the provisions of this chapter.
(5)
Under no circumstances will a license be issued to an applicant for
a device to be located in premises serving alcoholic beverages unless
adequate signs are posted, satisfactory to the Police Department,
that the machines shall not be used by persons under the legal drinking
age in the State of New York unless accompanied by his or her parent
or legal guardian.
[L.L. No. 3-1982]
All licenses shall be for a period of one year and shall expire
on December 31 of each year. License fees shall be prorated on a calendar
quarter basis for licenses issued during the calendar year; however,
no refund will be made if the device is removed prior to expiration
of the license period.
[L.L. No. 3-1982]
(a)
No license issued under this article shall be transferred from one
device to another, except as hereinafter provided, nor to any person
or location other than that stated in the application thereof.
(b)
A license 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. The provisions of
this article with respect to applications, investigations and approval
shall apply to all transfers, and no transfers shall be effective
until the Village Clerk has issued a certificate therefor. Prior to
the issuance of such certificate, the Village Clerk shall collect
the sum of $50 for each transfer.
[L.L. No. 3-1982]
Any license granted under this article may be revoked by the
Village Clerk for any of the following reasons:
(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 such 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)
Upon the conviction of the licensee, holder of a license or any person
in responsible charge of said premises of a crime.
(5)
Upon the recommendation of the Chief of Police in writing, stating
the reasons therefor.
[L.L. No. 3-1982]
A copy of the license shall be permanently and conspicuously
displayed in the interior of the premises, but not in any display
window.
[L.L. No. 3-1982]
Any person who violates any provisions of this chapter shall
be subject to a fine of an amount which shall not be in excess of
$250 for each violation. A separate violation shall be deemed committed
upon each day during which a violation occurs, is committed or continues.
This chapter shall be enforced by the Police Department of the Village
of Tuckahoe.
