[HISTORY: Adopted by the Common Council of
the City of North Tonawanda as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-7-1941; amended in its entirety 1-19-1982]
As used in this article, the following terms
shall have the meanings indicated:
Any premises, place or enclosure which is open to the public,
containing five or more amusement games.
Any mechanical, electric or electronic device used or designed
to be operated for entertainment, amusement or as a game by the insertion
of a piece of coin, money, token or other article. This definition
is not intended to include a jukebox, musical device or any machine,
contrivance or device which dispenses tobacco or would be commonly
known as a "vending machine."
Any person who owns, places, distributes or locates an amusement
game in the City of North Tonawanda.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
Any amusement game that is self-contained, using a motion
picture simulation, along with a mechanical movement, to simulate
activities that provide amusement or excitement for the patron.
[Added 6-7-2016]
A.
License requirement. No person shall maintain or operate
an amusement center within the City of North Tonawanda without having
in full force and effect an amusement center license issued by the
City Clerk. Said license shall be prominently displayed on the premises
at all times.
B.
Application for license. Any person desiring to operate
an amusement center shall file an application with the City Clerk,
which shall contain the following information:
(1)
Name, address and telephone number of the applicant.
(2)
The address of the premises to be used as an amusement
center.
(3)
If the applicant is an individual, the age, date and
place of birth of the applicant and, if the applicant is a partnership,
firm, association or other business entity, the same information shall
be supplied for each stockholder, officer and director of the corporation
or of the partners, members or principals of such business entity
or other organization.
(4)
The name, home address and home telephone number of
the manager or other authorized agent of the applicant who shall be
principally in charge of or conduct the business of the applicant
on the designated premises.
(5)
The prior criminal conviction record of the applicant,
other than convictions for minor traffic infractions. Said information
shall be supplied for each partner, stockholder, officer, director
or principal of the business entity or organization.
(6)
Proof
of liability insurance of at least $1,000,000 per occurrence naming
the City of North Tonawanda as an additional insured.
[Added 6-7-2016]
(7)
Proof
of compliance with the New York State Department of Labor amusement
ride inspection to be performed in compliance with the rules and procedures
promulgated by the New York State Department of Labor.
[Added 6-7-2016]
C.
Approval or disapproval of application.
(1)
The City Clerk shall promptly forward a copy of the
application to the Building Inspector and to the Chief of Police for
investigation, review and report. The Building Inspector and Chief
of Police shall promptly review all information contained in the application
and recommend approval or disapproval of the application. If the application
is approved, the City Clerk shall issue the permit upon payment of
the fee as hereinafter provided.
(2)
The application for a permit may be disapproved for
any of the following reasons:
(a)
Conviction of a crime involving moral turpitude.
(b)
False statements contained in the application.
(d)
The location of such machines upon the premises
constitutes a safety or fire hazard under the applicable provisions
of the City of North Tonawanda Ordinances.
(f)
The premises are located within 500 feet of
a lot line of any public or private school, church or other place
of religious worship.
(g)
Inadequate
liability insurance limits.
[Added 6-7-2016]
[1]
Editor's Note: Former § 12-3, License fee for amusement
centers, was repealed 8-2-2016.
No person shall maintain or operate an amusement game within the City of North Tonawanda without having in full force and effect an amusement game license for each game so operated, issued by the City Clerk. Said license shall be prominently displayed at all times on the premises where the games are operated. Any person desiring to operate or maintain amusement games shall file an application with the City Clerk containing the same information as provided in § 12-2 of this article. Such application may be approved or disapproved after investigation by the City Clerk of the applicant, and such application may be disapproved for the same reasons as indicated in § 12-2 of this article.
[Amended 2-6-2001]
The fee for a license to operate coin-operated
amusement games shall be $25 per game, per year or any part thereof,
and all licenses shall expire on the 31st day of December of each
calendar year. Such fee shall accompany the application for such license.
Coin-operated games include pool tables, pinball machines, shuffleboard,
dartboard and foosball tables and any other coin-operated machine.
A.
License required. No person shall distribute or sell
amusement games in the City of North Tonawanda without having in full
force and effect an amusement game distributor license issued by the
City Clerk.
B.
Application for license; approval or disapproval.
(1)
Any person desiring to distribute amusement games
shall file an application with the City Clerk, which shall contain
the following information:
(a)
Name, address and telephone number of the applicant.
(b)
If the applicant is an individual, the age,
date and place of birth of the applicant; and, if the applicant is
a partnership, firm and association or other business entity, the
same information shall be supplied for each stockholder, officer,
director, partner, member or principal of such organization.
(c)
The prior criminal conviction record of the
applicant, if any, other than convictions for minor traffic infractions.
Said information shall be supplied for each partner, stockholder,
officer, director, member or principal of the business entity.
C.
Reports. Any person granted an amusement game distributor
license must semiannually submit a report to the City Clerk, listing
all amusement games distributed or sold in the city by such person.
Failure to provide such reports shall serve as grounds for revocation
of the amusement game distributor license.
The fee for an amusement game distributor license
shall be $100 per year, and such license shall expire on the 31st
day of December of each calendar year. Such fee shall accompany the
application for such license.
A.
Minors.
[Amended 2-2-1982]
(1)
No person under the age of 16 years shall be permitted
to play or operate any amusement game unless accompanied by a parent
or legal guardian. However, in premises where the sale of alcoholic
beverages has been licensed by the State of New York for on-premises
consumption, no person under the age of 18 years shall be permitted
to play or operate said amusement game unless accompanied by a parent
or legal guardian. The owner or operator of said place where the amusement
games are located shall be responsible for enforcing the above age
restrictions and shall be charged with a violation of this section
if he knowingly permits children under the age as set forth above
to use or operate any amusement games. The owner or operator of said
premises shall post an appropriate sign indicating the age restrictions
as herein above set forth.
(2)
It shall be a violation of this article for any person
unaccompanied by a parent or guardian to intentionally misrepresent
his age or identification for the purpose of operating an amusement
game.
B.
Gambling. No owner or operator of any premises shall
permit gambling or games of chance to take place on the premises in
connection with the operation of amusement games, and no cash awards
shall be made in any contest, tournament, league or individual play
on any amusement game.
D.
Use of alcoholic beverages. No person shall allow
the consumption of alcoholic beverages in any premises where amusement
games are located, except if the premises are licensed by the State
of New York for the sale and consumption of alcoholic beverages on
the premises.
E.
Orderly premises. The owner or operator of each amusement
center shall at all times maintain good order in and about the premises
and shall not permit any disturbances, congestion or loitering in
and about the premises.
F.
Competent person to be in charge of premises. Each
owner or operator of an amusement center and each person operating
or maintaining an amusement game on its premises shall, at all times
during the operation of the business, keep in charge of the premises
a person of at least 18 years of age, who shall be responsible for
the enforcement of all rules and regulations pertaining to the operation
of the business.
Any person who violates any of the provisions
of this article shall be guilty of a violation punishable by a fine
of at least $100 but not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of any offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
Any permit or license issued under the provisions
of this article may be suspended or revoked by the Common Council
of the City of North Tonawanda if the applicant has violated the provisions
of this article or has made a false statement on the application for
permit or license or if the use and operation of the premises constitutes
a breach of the peace or a nuisance to the general public.
In the event that any of the foregoing sections
or subdivisions thereof shall be held unconstitutional by any court
of competent jurisdiction, such holding shall apply only to the section
or subdivision involved, and the remaining provisions of this article
shall not be deemed to have been affected thereby.
B.
All provisions regarding the issuance of an amusement
center license, amusement game license or amusement game distributor
license shall take effect May 1, 1982, with the licensing provisions
of this article as constituted as of January 1, 1982, fully in effect
until such time.
C.
All other provisions, including violations and penalties
and operation of amusement centers and amusement games, shall take
effect immediately.
[Adopted 8-6-1962]
No person, firm, corporation or association
shall keep or maintain within the limits of the City of North Tonawanda
any public billiard room, poolroom or bowling alley or any room in
which the game of billiards, pool or bowling is carried on and for
the playing of which any compensation, direct or indirect, shall be
demanded, without first having procured a license therefor.
[1]
Editor's Note: Former § 12-17, Licenses
and fees, was repealed 2-6-2001.
Any person violating the provisions of this
article shall be subject to a penalty of $5 per day for each day such
room or building shall be so used or occupied. The provisions of this
Act shall not apply to any private club or organization, the privileges
of which shall be enjoyed only by the regular members thereof who
pay for such privileges any stated sum.
