Village of Lancaster, NY Chapter 89 Amusement Arcades

[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 11-9-1981 by L.L. No. 8-1981 (Ch. 43 of the 1976 Code). Amendments noted where applicable.

GENERAL REFERENCES

Zoning — See Ch. 350.

§ 89-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AMUSEMENT ARCADE

A building or place of business open to the public which offers entertainment by means of amusement devices and which contains more than five such devices.

AMUSEMENT DEVICE

Any mechanical or electronic device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement by one or more persons, singularly or collectively, or which may be so used. The term "amusement device" includes, but is not necessarily limited to, pinball machines, bagatelle, pool tables, foosball tables, electronic games and similar devices. The term "amusement device" does not include juke boxes or rides.

PERSON

Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups or any members, officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.

PREMISES

Any public or quasi-public place or building where the public may enter.

§ 89-2 Permit required.

No person shall operate, conduct or maintain an amusement arcade, as defined herein, on any premises in the Village without having obtained and having in force and effect a license therefor.

§ 89-3 Application for license.

A. Any person desiring to operate, conduct or maintain an amusement arcade shall file an application with the Village Clerk.

B. The application shall contain, at a minimum, the following information:

(1) Name and address of the applicant.

(2) If the applicant is not the owner of the premises, the name and address of the owner of the premises.

(3) The number and type of amusement devices and proposed location.

(4) Serial number or other identifying information of each amusement device.

(5) A description of the size and location of said premises.

(6) Such further information as the Village Clerk shall require.

C. A copy of the application shall be referred by the Village Clerk to the Village Police Chief and Building Inspector, who shall advise the Village Clerk of any pertinent information with regard to said application available to them.

§ 89-4 Fees.

Upon approval of the Village Clerk, a license shall be issued for an amusement arcade upon payment of an annual fee of $300, plus $10 per amusement device.

§ 89-5 License restrictions.

A. No license shall be granted for any premises to be used as an amusement arcade if such premises is located within 500 feet of the lot line of a public or private school, church or any R District boundary.

B. No license shall be issued or reissued to any applicant convicted of a misdemeanor or felony which, in the judgment of the Village Clerk, renders the applicant unfit or undesirable to carry on the operation, maintenance or ownership of the amusement arcade.

§ 89-6 Issuance of license; expiration and renewal.

A. Upon proper application and submission of the appropriate fees, the Clerk shall issue a license.

B. Licenses issued under the provisions of this chapter shall expire on June 30 of each year and will be renewed by the Village Clerk upon receipt of a renewal fee in the amount provided in § 43-4 hereof. The license fee for any license obtained during the calendar year shall be prorated on a monthly basis and the fee reduced accordingly.

§ 89-7 Use restrictions.

A. No cash awards shall be made in any contest, tournament, league or individual play on any amusement device maintained or operated in any premises, and no amusement device shall be permitted to operate if said device delivers or may readily be converted to deliver to the player any coins, slugs, or metal tokens on certain scores, if such delivery of coins, slugs or metal tokens is or is held to be contrary to any law or ordinance.

B. Any amusement arcade shall not open prior to 10:00 a.m. and shall close by 11:00 p.m. each day of the week, with the exception of those amusement arcades located on premises licensed by the State Liquor Authority.

C. Compliance with codes required. Every person, firm or corporation which or who maintains, operates or conducts an amusement arcade shall comply with all applicable codes of the Village of Lancaster.

§ 89-8 Substitution, deletion or addition of devices.

A. Any amusement device may be substituted or deleted by the owner or operator without additional fee under the license then in existence, provided that the Village Treasurer receives the information required by § 89-3B regarding any such amusement device proposed to be substituted or deleted.

B. Amusement devices may be added by the owner or operator of the amusement arcade upon payment of a fee of $10 per additional amusement device, provided that the Village Clerk-Treasurer receives the information required by § 43-3B regarding any such amusement device proposed to be added.

§ 89-9 Supervision of arcade.

An amusement arcade, whenever operated or used, shall be supervised by a person 18 years of age or older. Such person shall ensure that the premises are used or operated in an orderly manner.

§ 89-10 Transfer of license.

Every amusement arcade license shall apply only to the person to whom granted and for the premises stated in the application and shall not be transferable.

§ 89-11 Suspension or revocation of license.

Any license issued under the provisions of this chapter may be suspended or revoked by the Village Clerk if the applicant has violated the provisions of this chapter or has made a false statement on the application for license or if the use and operation of the amusement arcade constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.

§ 89-12 Review and appeal.

Any person aggrieved by a decision of the Village Clerk in denying, suspending or revoking any application for a license or licenses issued hereunder may apply to the Board of Trustees for review. Such request for review shall be made within 30 days after the rendition of the decision of the Village Clerk by the filing of a notice of appeal, specifying the grounds therefor. The Board of Trustees shall fix a reasonable time for the hearing of such appeal.

§ 89-13 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine of at least $10 but not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. The provisions of this chapter shall be administered and enforced by the Village of Lancaster Police Department.