[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 5-8-1984 by L.L. No. 2-1984 (Ch. 72 of the 1980 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. This definition does not include:
A. 
A jukebox.
B. 
Rides.
C. 
Bowling alleys.
D. 
Any device maintained within a residence for the use of the occupants thereof and their guests.
E. 
Any device, the possession or use of which is prohibited by law.
GAME ROOM
A building or place containing four or more amusement games.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.
PERSON
One or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver or assignee.
VILLAGE
The Village of Valatie.
No person shall maintain or permit the operation of an amusement center game in the Village in a game room without first having obtained a license for same as hereinafter provided. The maintenance and operation of such amusement center game shall be in accordance with the restrictions and requirements of said license.
A. 
Application for a game room license shall be made to the Village Clerk on forms and containing the required information.
B. 
Upon receipt of an application for a game room license, the Village Clerk shall refer it to the Code Enforcement Official to determine whether the premises comply with all applicable laws, ordinances, rules and regulations. For that purpose the Code Enforcement Official shall have the right to enter upon and inspect the premises during normal business hours.
C. 
Game rooms are not permitted within rooms or space licensed for on-premises sale or consumption of alcoholic beverages or within connected rooms or appurtenant space.
D. 
Except as provided in 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.
A. 
After review of the application has been completed, the Village Clerk shall forward it, with the report and recommendations of the Code Enforcement Official, if any, to the Village Board for its review and approval.
B. 
In approving a license, the Village Board may establish conditions to promote and protect the health, safety and general welfare of the Village and its inhabitants.
C. 
After approval by the Village Board, the Village Clerk shall issue a game room license upon payment of the license fee established in § 186-7. The license shall state:
(1) 
The number of amusement games permitted in the game room.
(2) 
The maximum number of persons permitted in the game room.
(3) 
Any other conditions or restrictions imposed by the Village Board.
A. 
The owner and/or lessee of any game room shall comply 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 lessee of any game room shall cause the game license to be posted at all times in a conspicuous place on the premises.
C. 
The owner and/or lessee of any game room shall not permit a greater number of persons on the premises at any time than the capacity approved by the Village Board as set forth in the license.
D. 
The owner and/or lessee of any game room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room shall include, but not be limited to, the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New York Penal Law.
E. 
The owner and/or lessee of any game room shall not permit an amusement game therein to be played or operated after 10:00 p.m. by a person under the age of 16, unless accompanied by and under the supervision of a parent or other guardian over the age of 18.
F. 
The owner and/or lessee of a game room shall not allow it to be open or used unless it is under the control of and supervision by a person at least 18 years of age, who shall ensure that it is operated in compliance with this chapter.
G. 
The owner and/or lessee of a game room containing more than 30 amusement games shall provide additional supervisory personnel, all of whom shall be at least 18 years of age, adequate to assure orderly operation of the game room at all times.
H. 
The owner and/or lessee of a game room shall not allow more amusement games than the number permitted in the license to be located therein at any time.
A. 
The owner and/or lessee of any amusement game within the Village shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and relating to the conduct of the business in connection with which the game is used and the use and maintenance of the premises where it is located.
B. 
The owner and/or lessee of the game shall maintain good order on the premises at all times. The lack of good order on the premises shall include but not be limited to, the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New York Penal Law.
C. 
Amusement games may be operated between the hours of 7:00 a.m. and 12:00 a.m. daily, except that games shall not be operated during school hours by persons enrolled in primary or secondary school.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
No person under the age of 16 shall be allowed to operate any amusement game after 10:00 p.m., except when such person is supervised by a parent or legal guardian over the age of 18 years.
E. 
The owner and/or lessee of an amusement game shall not allow it to be available for use or used unless it is under the control of and supervision by a person at least 18 years of age, who shall ensure that it is operated in compliance with this chapter.
F. 
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game, and no such game shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.
G. 
No credit, allowance, check, slug, token or anything of value shall be offered or given to any player of any amusement game as a result of plays made thereon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The license fee for amusement games located in game rooms shall be an amount as established by resolution of the Board of Trustees, which said license may be transferable to other machines. The first three machines are exempt from the unit fee.
Game room licenses shall expire one year from the date of issuance. Applications for renewal of game room licenses shall be submitted at least 30 days before the expiration of the existing license.
Any person who shall permit an amusement center game to be operated in violation of the provisions of this chapter shall be guilty of a violation punishable by imprisonment for a term not to exceed 15 days or by a fine not to exceed $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offenses continue, a separate and distinct violation.