[HISTORY: Adopted by the Town Board of the Town of Rye 5-31-1955. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any public bowling alley or any other place wherein the game
of bowling is played or wherein is located any apparatus or paraphernalia
for the playing of bowling, and which place is conducted as a business
for profit.
No bowling alley shall be operated or conducted in the Town
of Rye until such bowling alley shall first have been duly licensed
for such purpose pursuant to the provisions of this chapter. Such
license shall be issued by the Town Clerk as provided in § 137
of the Town Law, upon the payment of an annual license fee of $100,
and posted in a conspicuous place near the main entrance of the licensed
premises, and such license shall expire on the 31st day of December
next following its issuance.
A.
Application for license shall be made to the Town Clerk. Applications
shall contain the following information:
(1)
Name, residence and age of applicant; if a corporation or firm, the
names, residences and ages of the principal officers and managing
agents thereof.
(2)
With respect to the applicant or applicants (or, if a firm or corporation,
with respect to the managing agent thereof), the length of time he
or they has or have resided at the last address, his or their previous
places of employment, whether he or they are married or single, whether
he or they have ever been convicted of a felony or misdemeanor and,
if so, the date, offense and court concerned.
(3)
The address of the premises where such bowling alley is to be conducted.
(4)
Whether the same is to be conducted in connection with some other
business.
(5)
Whether the applicant or applicants (if a corporation or firm, the
managing agent thereof) has or have previously conducted or been employed
in any bowling alley, and, if so, the date, place and period of such
employment.
(6)
A floor plan of the building in which the bowling alley is to be
located.
(7)
The number of bowling-alley beds in such place.
(8)
Such other information as the Town Clerk may from time to time require.
B.
Each application shall be signed and acknowledged before a notary
public or other officer authorized to administer oaths.
The Town Clerk may refuse a license to any person who, in his
judgment, shall be an undesirable person or incapable of properly
conducting the business of bowling alley. No license shall be issued
to any person who within a period of one year prior to the application
therefor has been adjudged to have committed a second violation of
the provisions of this chapter or who, within a period of five years
prior to the date of such application, has been convicted of a felony,
nor shall any license be issued to any firm or corporation any member
of which has been so adjudged or convicted.
No person who conducts a bowling alley shall keep such bowling
alley open to the public or permit any person or persons to remain
in the same on any day between the hours of 1:00 a.m. and 10:00 a.m.
On the first day of the week, commonly called Sunday, it shall be
lawful to keep open to the public and to conduct or participate in
games of bowling between the hours of 2:00 p.m. and 12:00 midnight,
in accordance with § 2145 of the Penal Law of this state.[1] Nothing contained in this section shall be construed to
prevent necessary work in cleaning or maintenance by anyone who conducts
a bowling alley or by his employees nor to prohibit the conducting
of any other business on the premises, which business is lawful during
or between those hours, provided that the facilities for bowling are
not used or played upon.
[1]
Editor's Note: See now General Business Law, Art. 2.
No person who conducts a bowling alley shall permit or allow
any minor actually or apparently under the age of 16 years to, nor
shall any such minor, play upon any bowling alley or be or remain
in or frequent, except upon business, any bowling alley unless accompanied
by the parent or guardian of such minor or unless such minor is employed
therein with the consent of his parent or guardian. No minor, as aforesaid,
shall represent himself falsely to be over 16 years of age for any
of the purposes prohibited herein. No person shall play in a game
of bowling with any minor under the age of 16 years with knowledge
of such minority or engage in any such game for money or other valuable
thing with such minor or make a wager with any such minor upon the
result of any game.
No person who conducts a bowling alley shall:
A.
Suffer or permit gambling of any kind in said bowling alley or any
other place appertaining thereto or connected therewith.
B.
Suffer or permit such bowling alley to become disorderly.
C.
Harbor intoxicated persons therein or allow intoxicated persons access
thereto.
D.
Allow foul, profane or obscene language to be used or obscene acts
to be committed therein.
No bowling alley license shall be issued until it shall be found
that the premises comply and conform to all regulations for the protection
of public health and safety of buildings and for the protection of
the public from fire, panic and other hazards; that the premises comply
with all Town ordinances, rules and regulations; that they are properly
soundproofed and ventilated and supplied with sufficient toilet conveniences
and that they are a safe and proper place for the purposes for which
they are used. The Police Department, the Fire Department and the
Building Inspector shall conduct an investigation of any application
filed with the Town Clerk and report of such investigation shall be
attached to the application for the consideration of the Town Clerk.
The Town Clerk may refuse to issue any bowling alley license
for the reasons stated herein and in § 137 of the Town Law,
and the applicant may apply to the Town Board of the Town of Rye after
such refusal, all as provided in § 137 of the Town Law and
any license issued pursuant to this chapter may be revoked after a
hearing as provided herein.
The Town Board may, after public hearing as provided in § 137
of the Town Law, revoke any license issued pursuant to this chapter
to any person whom the Town Board shall determine to be an undesirable
person or incapable of properly conducting the trade or business of
bowling alley previously licensed.
All licenses shall have endorsed thereon this statement: "THIS
LICENSE IS REVOCABLE."
Notice of such hearing and the reason or reasons for the same,
in writing, shall be served upon the person named in the application
or license by mailing the same to the address given in the application
at least seven days prior to such hearing.
No refunds of license fees, when a license shall be revoked,
nor refund of unearned portion of license fee, shall be made.
In addition to revocation of license in this chapter provided,
any person, firm or corporation who fails to comply with any of the
requirements of this chapter shall be guilty of a misdemeanor and
shall be liable to a fine, which shall not exceed $100, or by imprisonment
not exceeding 50 days, or by both such fine and imprisonment. Violations
shall be prosecuted and penalties collected in the manner prescribed
by law, effective in the Town of Rye.
If any clause, sentence, paragraph or part of this chapter shall
for any reason be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this chapter or any parts thereof, but such invalidity
shall be confined in its operation of the clause, sentence, paragraph
or part thereof directly involved in the controversy in which such
judgment is rendered.
This chapter shall take effect immediately upon its adoption,
publication and posting as required by law.
