Village of Oakfield, NY
Genesee County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield 4-11-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
This chapter shall be known as the "Games Control Law" of the Village of Oakfield, New York.
The unrestricted establishment of commercial game rooms and arcades would pose substantial hazards to the peace, comfort, health, safety and welfare of Village residents. Likewise, the unregulated proliferation of games and other amusement devices, as incidental uses within established business premises, would pose equally serious problems in the maintenance of an orderly and peaceful flow of commerce, in the preservation of the public safety and welfare, and in the promotion of legitimate and necessary uses within the business community. It is the purpose of this chapter to assure the protection and preservation of the Village's Comprehensive Planning; the safeguarding of the general health, welfare, morals and comfort of the Village citizenry; and the restriction and prohibition of certain unsuitable uses which, by their nature or evolution within the community, would seriously impede, or adversely affect proper land use and development, the efficient delivery of essential municipal services, the orderly regulation of pedestrian and vehicular traffic and the reasonable enjoyment of recreational activity within the community as a whole.
A. 
Words used in the present tense include the future, words in the masculine gender include the feminine and neuter, the singular number includes the plural, and the plural the singular.
B. 
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
GAMES AND AMUSEMENT DEVICES
Any electric, mechanical, computerized, electronic or other device, machine or implement which is either designed and intended, or used, operated or maintained as a game, amusement, or means of entertainment, including but not limited to the following: pinball machines, shooting galleries, computerized games, electronic games, skillboards, electronic bowling or shuffleboard tables, casino-type games, foosball tables and similar devices. "Games and amusement devices" shall not include jukeboxes, bowling alleys, billiard tables or pool tables.
PERSON
Any natural person, firm, corporation, copartnership, association, joint-stock association, company, organization, group, club, society or other entity, except the State of New York, the United States, the Village of Oakfield, and any divisions, boards, commissions, agencies or departments thereof when acting in their official capacities.
It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain any games or amusement devices for business or commercial purposes in or upon any premises within the Village of Oakfield, except in conformity with the provisions of this chapter and unless licenses and permits and registrations as provided for herein have previously been obtained therefor.
A. 
A separate premises permit shall be required for each building, facility, structure or other premises in which three or more games or amusement devices are owned, leased, stored, possessed, used, operated or maintained for business or commercial purposes and a separate license shall be required for every game or amusement device so owned, leased, stored, possessed, used, operated, or maintained in or upon such premises for which a permit is required.
B. 
No premises permit shall be required for premises in which fewer than three games or amusement devices are owned, leased, stored, possessed, used, operated or maintained for business or commercial purposes; however, where either one or two games or amusement devices are so utilized for business or commercial purposes, each of said games or amusement devices shall be registered with the Village Clerk-Treasurer. Registration shall be accomplished by completing an application for registration for each game or amusement device and by paying the registration fees hereinafter provided in § 92-6H(1)(d). Applications for registration shall only contain the information hereinafter required in § 92-6A and B.
A. 
Applications for all permits and licenses and renewals thereof shall be made, in writing, on forms provided by the Village Clerk-Treasurer, and shall be filed in the office of the Village Clerk-Treasurer during regular business hours. Every such application shall provide for such information as the Board of Trustees may, from time to time, direct or require by rule, resolution or order, and shall include at least the following minimum information:
(1) 
The name and address of the applicant, age and place of birth.
(2) 
Prior convictions of applicant, if any.
(3) 
The place where the games and amusement devices are to be displayed or operated and a description of any other business conducted at that place.
(4) 
A description of the machines to be licensed, setting forth with respect to each one its mechanical or electronic features, brand name and serial number.
B. 
No application shall be accepted for filing unless fully completed, signed and notarized, and unless accompanied by payment of all application fees provided for elsewhere in this section.
C. 
Referral of application. Upon receipt of an application for a permit the Village Clerk-Treasurer shall refer it to:
(1) 
The Zoning Enforcement Officer, to determine whether the premises comply with all applicable laws, local laws, rules and regulations. For that purpose the Zoning Enforcement Officer shall have the right to enter upon and inspect the premises during normal business hours.
(2) 
The Genesee County Sheriff or New York State Police, to cause an investigation to be made of the background of the applicant.
D. 
Public hearing. Upon receipt of a completed permit application and the reports of the Zoning Enforcement Officer and either the Genesee County Sheriff or the New York State Police, the Village Board shall schedule a public hearing on the permit application, which hearing shall be held on not less than 10 days' notice published in the Village's official newspaper and posted on the Village's signboard.
E. 
No license or permit may be granted or issued pursuant to this section unless and until all of the provisions of this chapter are fully complied with. In addition to the foregoing requirement, the Board of Trustees, as licensing body, shall consider the following factors before passing upon any permit application hereunder: the reports of the Zoning Enforcement Officer, the Genesee County Sheriff or the New York State Police; the possible effects on the public health, peace, safety, comfort and welfare, including, but not limited to, the size, floor area, design and location of the premises; the nature and type of game or amusement device proposed to be used; the proposed hours and days of operation; the proximity of residential uses; the impact on municipal services, facilities and public areas; compatibility with surrounding business uses; potential increase in pedestrian and vehicular traffic; the adequacy of existing and proposed fire safety devices, such as sprinklers, alarms, extinguishers and fire exits; the potential for increased noise and other noxious disturbances; and compliance with all fire, building, zoning, plumbing and other ordinances and laws. All decisions of the Board of Trustees shall be in writing and shall state the reasons why the permit application and licenses were or were not approved.
F. 
Restrictions.
(1) 
No permit shall be issued to any applicant unless he/she shall be over 18 years of age.
(2) 
Except as provided in the New York Correction Law, Article 23-A, no permit shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, a member, officer, director or holder of 10% or more of the stock of which has been convicted of any crime.
G. 
Issuance of permit.
(1) 
In the event that the Board of Trustees shall deem it advisable to grant the application for a permit, the Village Clerk-Treasurer, after payment of the annual fees for licenses and permits provided for elsewhere in this section, shall issue the appropriate permit and licenses. Permits and licenses shall be issued on a fiscal year basis only, commencing July 1, and shall expire on June 30 next succeeding the date of issuance thereof, and no such license or permit shall be transferable.
(2) 
In the event that a license or permit issued hereunder shall not be renewed, and the annual renewal fee paid therefor, on or before July 15 next succeeding the date of expiration of such license or permit, then the same shall be null and void, of no further force or effect.
H. 
Fees.
(1) 
The fees required under the provisions of this section shall be as set from time to time by resolution of the Board of Trustees for the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
For each application or renewal application for a premises permit.
(b) 
For each premises permit.
(c) 
For each game/amusement device license issued in conjunction with a premises permit.
(d) 
For registering one or two games or amusement devices for use where no premises permit is required.
(2) 
All fees provided for herein shall be nonrefundable and without proration.
(3) 
The Board of Trustees may, from time to time, amend, repeal, abolish or otherwise modify any fee provided for herein by order or resolution of the Board. Except for good cause shown, and unless specifically provided for therein, no such order or resolution shall be retroactive, in either its effect or application, from the date of its adoption.
It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain three or more games or amusement devices for business and commercial purposes within the Village of Oakfield, and no permit or license shall be granted or issued therefor, within any of the following restricted locations or premises:
A. 
Any area of the Village which is zoned for a use classification other than C-1 Neighborhood Commercial Districts and C-2 General Business Districts under zoning laws, ordinances, rules or regulations of the Village;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Within 200 feet of the lot lines of any public or private school, nursery, day-care center, church, synagogue, public park or playground, library, hospital or clinic, public building, community center or nursing home.
Every game and amusement device within the Village licensed or registered under this chapter shall be so situated and placed within and upon a premises that it shall not:
A. 
Block or otherwise obstruct any window, door, doorway, ventilating duct, fire exit, boiler, furnace, radiator, baseboard or other heater device, stairs or stairway, toilet or other sanitary facility; or
B. 
Obstruct, encumber or otherwise interfere with the free, clear passage of any person into, through, or from such premises; or
C. 
Have an open, unobstructed area, surrounding such game or device, from floor to ceiling, of less than five feet, measured from each of the actual exterior sides of every such game or device, except the one side (and no more than one) which is placed near or against a wall or partition.
A. 
No permit holder shall permit any individual under the age of 14 to be on any premises for which a permit has been issued at any time unless accompanied by a parent or guardian or person at least 18 years of age with the consent of the parent or guardian.
B. 
No permit holder shall permit any individual under the age of 16 years to be on any premises for which a permit has been issued between the hours of 8:00 a.m. and 3:00 p.m. on any day upon which classes are being held at any school in the school district in which the game room is located.
A. 
Any license or permit issued pursuant to the provisions of this chapter may be suspended or revoked by order of the Board of Trustees, or by order of the Zoning Enforcement Officer, for a violation of any of the provisions of this chapter. The effective date of any such revocation or suspension shall be the date of service of a written notice of same, and such notice shall be deemed served, in compliance with this section, on the date that same shall be either personally served or delivered to the person to whom the license or permit was issued, or on the date such notice is mailed, return receipt requested, by either certified or registered mail, to the last known address of the holder thereof, as the same shall appear on the most recent application for such license or permit or renewal thereof.
B. 
Any person whose license or permit has been suspended or revoked pursuant to the provisions herein shall have the right to a hearing before the Board of Trustees to review such suspension or revocation, provided such person files a written petition requesting such hearing in the office of the Village Clerk-Treasurer within 30 days of the date of service of the notice provided for hereinabove. The Board of Trustees, within 30 days of the date of filing of such petition, shall fix the date for such hearing, and shall hold the same, and render its decision thereon, within 60 days of the date of the hearing.
C. 
It shall be unlawful for any person whose license or permit has been suspended or revoked, or whose license or permit has become null and void after expiration and nonrenewal thereof, to use, operate or maintain any game or amusement device for business or commercial purposes or to allow any other person to use, operate or maintain the same, within the Village of Oakfield during any period of time after which such license or permit has been suspended, revoked or become null and void, and before which such license and permit has been actually and validly reissued, reinstated or restored.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this chapter shall, upon conviction, be subject to a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment, for each such violation. Each day that a violation of this chapter shall continue shall constitute a separate violation hereof.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.