[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.
GAMES AND AMUSEMENT DEVICES
PERSON
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
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.
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)]
(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.
