[Two Ords. of 12-15-1981; Ord. of 1-3-1994, § 1]
(a) It is hereby declared as the policy of the City of Poughkeepsie that
it is necessary to regulate and control the operation of coin-operated
amusement devices for the purpose of fostering and promoting the public
order, including but not limited to the public interests, hereinafter
set forth. The Common Council has been made aware of crowd congestion
in and near establishments which have as their principal source of
business the playing of coin-operated amusement devices, including
electronic and computerized game machines, and the Common Council
hereby determines that such crowded conditions tend to threaten the
orderly conduct of business in such establishments as well as in other
nearby businesses. Such crowded and noisy conditions also disturb
persons passing by on the sidewalks, as well as in adjacent and nearby
residences. The Common Council further determines that a particularly
large segment of those playing the machines are teenagers, some of
whom patronize such establishments during school hours rather than
attend required school classes and thereby undermine their health
and welfare as well as place an unnecessary financial and social cost
on the taxpayers of the City of Poughkeepsie.
(b) The Common Council thus declares that the above-stated policy will
best be carried out by establishing the registration procedure set
forth in this Article and that such registration procedure is necessary
and will enhance the public's health, safety and order by reasonably
providing safeguards for the community in the conduct of such businesses.
It is further determined that the registration fee of $100 per establishment
is reasonably related to the city's cost of implementing and
enforcing the registration requirements. The Common Council determines
that the concerns set forth above are increased as the number of devices
in a location is increased. The Common Council further determines
that the principal purpose of a business is more likely to be the
business of operating such devices as the number of devices is increased
in a location. The Common Council also notes that establishments,
such as bars and restaurants with liquor licenses and which have a
limited number of such devices, not to exceed four, are adequately
supervised through the licensing power of the State Liquor Authority
and Local Alcoholic Beverage Control Board so that further local regulation
through this Article does not seem necessary to promote the public's
health and welfare. Based on all of the preceding, the Common Council
determines that the registration procedures should apply to establishments
having five or more devices.
(c) Finally, it is determined that the registration procedure provide
a right of appeal so that any alleged improper denials or revocations
may be considered further and thereby resolved.
[Two Ords. of 12-15-1981; Ord. of 1-3-1994, § 2]
(a) Definitions. For the purpose of this section, the
following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object, including electronic
and computerized games machines, for the purpose of amusement or skill
and for the playing of which a fee is charged, and which contains
no automatic payoff device for the return of money, token or similar
object, and which makes no provision whatever for the return of money
to the player. The term "coin-operated amusement device" shall not
include any machine primarily designed for the vending of recorded
music in return for the insertion or deposit therein of a coin or
token or similar object.
PROPRIETOR
Any person, firm, corporation, partnership, association or
club having under his, her or its control any establishment, place
or premises in or at which five or more such devices are placed for
use or play or on exhibition for the purpose of use or play.
(b) Registration certificate required. No person, firm,
corporation, partnership, association or club shall install, operate
or maintain five or more such coin-operated amusement devices in any
establishment, place or premises without first having obtained a registration
certificate therefor.
(c) Application for a registration certificate.
(1) Application for a registration certificate shall be made to the City
Chamberlain, City of Poughkeepsie. The registration fee for each proprietor
as herein defined shall be $100 per year, per establishment. All yearly
registration fees shall be paid in advance on or before the first
day of January. In no case shall any portion of said registration
fee be returnable.
(2) In the event that an establishment containing coin-operated amusement
devices, not previously registered, begins operations after July first
of any year, a registration in the sum of 1/2 of the annual fee shall
be paid to and collected by the Chamberlain from the proprietor of
such new establishment.
(3) Application for a registration hereunder shall be filed, in writing,
with the Chamberlain on a form to be provided by the Chamberlain and
shall specify:
a. The name and residence address of the applicant-proprietor and, if
a firm, corporation, partnership, association or club, the principal
officers thereof and their residence addresses.
b. The address of the premises where the devices are to be operated,
together with a description of the character of any business, in addition
to the operation of such devices, to be carried on at such place.
c. The number of devices located in the establishment.
(4) The full registration fee shall accompany such application and be
presented to the Chamberlain who shall make or cause to be made such
investigation as the Chamberlain deems necessary. A registration certificate
authorized by this Article shall not be assignable or transferable
and shall be renewed annually by filing with the Chamberlain an application
form accompanied by the fee.
(d) Denial of registration certificate. When an application
for a registration certificate does not meet the requirements of this
section, the Chamberlain shall refuse to issue a registration certificate,
stating, in writing, the reasons for denial. The applicant may appeal
to the City Administrator from the determination by the Chamberlain
by filing with the City Administrator a written notice of appeal within
30 days of the Chamberlain's denial. The City Administrator shall
conduct an informal hearing on the appeal, and his or her written
decision shall constitute final city action on the appeal.
(e) Revocation of registration. If it shall appear at
any time that the application is in any material respect false or
misleading or that the proprietor or the operation of the device is
in violation of any provision of this Article or any other law of
the State of New York or local laws or ordinances relating to the
premises or activities being conducted therein, the Chamberlain may,
after notice and informal hearing, revoke said registration. The proprietor
may appeal to the City Administrator from the determination by the
Chamberlain by filing with the City Administrator a written notice
of appeal within 30 days of the Chamberlain's revocation. The
City Administrator shall conduct an informal hearing on the appeal,
and his or her written decision shall constitute final city action
on the appeal.
(f) Devices and registration certificate to be kept in plain
view; gambling devices prohibited. All such devices shall
at all times be kept in plain view of any person who may frequent
or be in the place of business where such devices are kept or used.
No machine or device shall be so placed as to block any passageway
or means of egress or ingress. The registration certificate for each
establishment shall be prominently displayed and indicate the number
of amusement devices permitted on the premises. Nothing in this Article
shall be construed to authorize, permit or license any gambling device
of any nature whatsoever.
(g) Penalty. Any person who shall violate this Article or any provisions thereof shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than $250 or imprisonment not exceeding 10 days, or by both such fine and imprisonment. Each day of violation shall constitute a separate offense and grounds for punishment as such. Each separate establishment of a proprietor which lacks such registration certificate or which does not display such registration certificate as required by Subsection
(f) hereof shall constitute a separate offense and be grounds for punishment as such.
(h) Registration. The registration certificate issued
by the City Chamberlain is merely a registration of the coin-operated
amusement devices for purposes of notice to the public, and the extent
to which any other laws, rules or regulations or provisions of this
Code of Ordinances require approvals or permits for the operation
of establishments with coin-operated amusement devices, the proprietor
must obtain said approvals and/or permits and comply with said laws,
rules and or regulations prior to the operation of the coin-operated
amusement devices in said establishments.
(i) Savings clause. If any section or provision of this
Article shall be declared to be unconstitutional, it is the expressed
legislative intent that no other section or provision hereof be thereby
affected.