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.
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.
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.
[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.