[Adopted by the Town Board of the Town of
Lancaster 6-7-1982 by L.L. No.
2-1982 (Ch. 17, Art. I, of the 1966 Codification).
Amendments noted where applicable.]
This chapter is adopted to provide for the orderly
operation of facilities licensed hereunder and to protect and preserve
the general health, safety, welfare and morals of the public.
[Amended 4-19-1999 by L.L. No. 2-1999]
As used in this chapter, the following terms
shall have the meanings indicated:
A building or part thereof which contains eight or more amusement
games.
Any mechanical, electrical or electronic device or game,
including video games, used for or designed to be used for entertainment
or as a game by the insertion of money, a token, a slug or other article
or by paying money to have such device or game activated; but not
including jukeboxes, bowling alleys, rides, devices maintained within
residences for use by occupants and their guests or any device which
is illegal to possess.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a partnership, corporation, association,
trust or firm and any trustee, assignee or receiver.
Any public or quasi-public building or part thereof where
the public may enter.
The Town of Lancaster, excluding the Village of Depew and
the Village of Lancaster.
[Amended 4-19-1999 by L.L. No. 2-1999]
A.
License.
A.
An application
for a license shall be made to the Town Clerk of the Town of Lancaster
on forms provided by him and shall include the following information:
(1)
Name and address
of applicant and date of birth of applicant. If a corporation, the
names and dates of birth of corporate officers, directors or holders
of 10% or more of stock.
(2)
Name and address
of property owner and date of birth of property owner.
(3)
Name of operator,
if different from the above and date of birth of operator.
(4)
The number
and type of devices proposed for the location.
(5)
A description
of the size and location of the premises.
(6)
Except as provided
in the New York Correction Law, Article 23-a, no game room license
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.
B.
All parties named
in the application will be required to sign a notarized authorization
to permit the Town of Lancaster Police Department to obtain any criminal
record data at any police jurisdiction.
C.
Upon receipt of
application for a license, the Town Clerk shall refer same to the:
(1)
Building Inspector
to determine whether the premises comply with all applicable laws,
ordinances, rules and regulations. For that purpose, the Buildings
Inspector or his designee shall have the right to enter upon and inspect
the premises during normal Town business hours.
(2)
Chief of Police
to cause an investigation to be made of the background of the owner
and operator of the game room.
B.
No amusement arcade
or game room shall be located within 1,000 feet of any public or private
school.
C.
Game rooms are
not permitted within rooms or space licensed for on-premises consumption
of alcoholic beverages or within connected rooms or appurtenant space
where the game room is the principal business enterprise.
A.
After the Town
Clerk receives the report of the Building Inspector and Police Chief,
he shall forward the application, with said reports, to the Town Board
for its review and approval.
B.
In approving a
license, the Town Board may establish conditions to promote and protect
the general health, welfare, safety and morals of the Town and its
residents.
A.
The owner and/or
operator of any game room is charged with the duty and responsibility
of complying with all provisions of law, ordinance, rule or regulation
relating to the conduct of business and the use and maintenance of
the premises.
B.
The owner and/or
operator of any game room shall cause the game room license to be
posted at all times in a conspicuous place within the premises.
C.
The owner and/or
operator shall not permit a greater number of persons on the premises
at any time than the number stated in the approved license.
D.
The owner and/or
operator of any game room shall maintain good order on the premises
at all times. The lack of good order shall include but shall not be
limited to the following:
(1)
Fighting and
rowdy behavior.
(2)
Possession
or consumption of alcoholic beverages on the premises, unless the
premises is licensed for on premises consumption.
(3)
Gambling.
(4)
Permitting
the sale or use of marijuana or of any controlled substance, the possession
and/or sale of which is prohibited by the Penal Law of the State of
New York.
E.
No person under
the age of 13 shall be permitted in any game room at any time unless
accompanied by a parent, legal guardian or other person over 21 years
of age.
F.
No person 16 years
of age or under may be permitted in a game room during regularly scheduled
school hours.
G.
No person under
16 years of age may be permitted in a game room after 10:00 p.m. unless
accompanied by and under the supervision of a parent, legal guardian
or other person over 21 years of age.
H.
The owner and/or
operator of a game room shall not allow it to be open or used unless
it is under the control and supervision of a person at least 18 years
of age, who shall ensure that it is operated in compliance with this
chapter.
I.
The owner and/or
operator of a game room containing more than 25 amusement games shall
provide at least two supervisory personnel, at least 18 years of age,
to ensure orderly operation of the game rooms.
J.
The owner and/or
operator of a game room shall not allow more amusement games than
the number permitted in the license to be located therein at any time.
K.
Any game room must
provide on the premises for separate rest room facilities for men
and women.
L.
The owner and/or
operator of a game room shall not permit it to be open between the
hours of 12:00 midnight and 8:00 a.m.
The premises of all game rooms and any other
premises in the Town containing amusement games, when open for the
transaction of business, shall be subject to inspection by any police
officer or the Building Inspector or his designee or the Fire Inspector
from the local fire protection company.
A.
Game room licenses
shall expire one year from the date of issuance.
B.
Applications for
renewal of licenses shall be submitted at least 30 days before the
expiration of the existing license to the Town Clerk, who shall forward
same to the Building Inspector and Chief of Police for review and
comment, and, upon receipt of same, the Town Clerk shall forward the
renewal application and report of the Police Chief and Building Inspector
to the Town Board for review.
The Town Board may revoke a game room license
for cause after a public hearing. That cause may include, but is not
limited to violations of the chapter herein.
Should any section or provision of this chapter
be decided by any court to be unconstitutional or invalid, such decision
shall not affect the validity of the chapter as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect after filing
and publication as required by law.
