[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan 7-11-1983 by L.L. No. 3-1983 (Ch. 3 of the 1971
Code). Amendments noted where applicable.]
The Village of Buchanan, New York, recognizes that the use and
ownership of amusement devices must be adequately controlled so as
to prevent public disorder, nuisance, loitering and other acts detrimental
to the health, safety and welfare of the residents of the Village
of Buchanan, and this chapter is intended to provide such control
and regulations.
For the purposes of this chapter, the following definitions
shall apply:
Includes any coin-operated, computerized, electronic amusement
device of the type commonly known as "video games," "pinball machines"
or other similar devices. Excluded from the term "amusement device"
are coin-operated machines producing music, machines dispensing or
vending merchandise and amusement ride machines designed for use by
small children.
Includes one or more individuals, a partnership, company,
corporation, association, society or any other legal entity, and any
officer, agent, servant or employee of the foregoing in charge of
or employed on the premises hereinafter mentioned.
This chapter shall include any parcel of land, building, structure,
vehicle or any other place where an amusement device may be kept,
maintained, exhibited, used or operated within the Village of Buchanan.
A.
No licensed device under this chapter shall be operated or devoted
or permitted by the licensee, holder of a license or any person in
charge of such premises to be operated or devoted for or to any use
or purpose prohibited by law.
B.
No cash awards shall be made in any contest, tournament, league or
individual play on any game maintained or operated, and no device
shall be permitted to be operated if said device delivers to the player
coins or slugs or metal tokens on certain scores, if such delivery
of coins, slugs or metal tokens is held to be contrary to the laws
of the State of New York or if said device may be readily converted
to deliver to the player such coins, slugs or metal tokens if such
delivery of coins, slugs or metal tokens is held to be contrary to
the laws of the State of New York.
No person shall keep, maintain, use or exhibit, or permit to
be kept, maintained, exhibited, used or operated, in or upon any premises
in his possession or under his control within the Village an amusement
device as herein defined, used or designed in whole or in part for
the amusement, entertainment or recreation of the public, without
first obtaining a license therefor from the Village Clerk as provided
in this chapter, except that this prohibition shall not apply to vendors
whose business is the placing of such devices on location.
A.
A verified application in quadruplicate shall be made by any person
desiring a license required by this chapter to the Village Clerk for
such license, upon blanks to be furnished by him giving the location
by street and number where the device is sought to be licensed, the
nature and use of the premises upon which the device is proposed to
be kept, maintained, exhibited or operated, the number of such devices
already licensed and sought to be licensed upon the same premises
and such further information as the Village Clerk may require.
B.
The application shall also contain a complete statement indicating
whether or not any previous application has been made hereunder or
whether any license has been received, refused, suspended or revoked,
with the circumstances thereof.
C.
Investigation of the applicant by the Chief of Police and premises
by the Building Inspector. The application for a license under this
chapter shall be referred by the Village Clerk to the Chief of Police
and/or the Building Inspector for their investigation and recommendation
as to approval or disapproval, and they shall forward their recommendations,
in writing, to the Village Clerk. No license shall be issued without
approval of both the Chief of Police and the Building Inspector. The
aforesaid officials shall cause such inquiries, inspections and investigations
to be made as they deem necessary to carry out the intent of this
chapter, 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 located and the character of the applicant or any person
in the management of such premises. In order that the intent and purpose
of this chapter 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.
The Village Clerk is hereby authorized to issue the license
required by this chapter upon his review of the application and also
of the reports from the Building Inspector and Chief of Police and
his determination that all requirements of this chapter and any other
applicable law have been complied with by the applicant.
[Amended 2-7-2011 by L.L. No. 9-2011]
Prior to the issuance of any license under this chapter, the
Village Clerk shall collect a sum as set from time to time by resolution
of the Board of Trustees for each license application and for each
device on the premises in excess of three.
No more than five devices shall be licensed under this chapter
for maintenance, exhibition or use in the same premises at any one
time.
Each license issued under this chapter shall expire one year
from the date of issuance, unless sooner revoked by the Village Clerk.
A.
No license issued under this chapter shall be transferred to any
person or location other than those persons and locations stated in
the application thereof.
B.
Any additional amusement devices to be installed will be subject
to all the provisions of this chapter, including the payment of all
additional fees as may be due.
Any license granted under this chapter may be revoked by the
Village Clerk for any of the following:
A.
The violation of any of the provisions of this chapter.
B.
The violation of any law, ordinance, rule or regulation of any agency
or department governing or applicable to the maintenance or conduct
of the premises upon which such device is located.
C.
The violation of any law, ordinance, rule or regulation governing
or applicable to the maintenance, possession, use or operation of
the licensed device.
D.
Otherwise, for cause.
A.
If the Village Clerk determines that the license granted under this
chapter should be revoked or refused, the Village Clerk, within five
days of the determination, must notify the licensee in writing of
the reasons for the determination specifying that the license will
be revoked in 25 days of the date of the notice. The licensee or applicant,
within 15 days of the date of the notice of revocation or refusal
from the Village Clerk, must, in writing, request a hearing before
the hearing panel to determine the appropriateness of the Village
Clerk's determination.
B.
The hearing panel, consisting of the Mayor and Village Board of Trustees,
must, within 10 days of the receipt of the licensee's or applicant's
demand for a hearing, conduct a hearing to determine whether the licensee's
license should be revoked or the applicant's request be refused.
The determination by the hearing panel must be a majority decision.
The technical rules of evidence will not apply to the hearing before
the hearing panel. The hearing may be recorded by means of a tape
recorder or by some other reliable means of recording.
C.
The determination by the hearing panel will be final.
A.
Hours of operation shall be as follows:
(1)
Commercial establishment: Monday through Friday no one under the
age of 16 years shall be allowed to operate an amusement device before
3:00 p.m. and after 9:00 p.m. while school is in session.
B.
All business establishments having been licensed to operate amusement
devices in the Village of Buchanan will have a person, 21 years or
older, on duty at all times to supervise the operation of the amusement
device or devices.
A.
Any person violating any provisions of this chapter shall be guilty
of a violation and shall be punishable by a penalty up to $100.
B.
Each day's maintenance, exhibition or use of any coin-operated,
computerized, electronic amusement device in violation of the provisions
of this chapter shall constitute a separate offense.
This chapter shall become effective immediately, except that
premises which, prior to January 1, 1983, had more than five amusement
devices located therein shall be allowed a period of 120 days from
the effective date of this chapter to remove all amusement devices
in excess of five from the premises.
