[HISTORY: Adopted by the Town Board of the
Town of Pendleton 2-1-1983; amended
in its entirety 6-13-2022 by L.L. No. 2-2022. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any premises, place or enclosure which is open to the public
containing five or more amusement games.
Any mechanical, electric or electronic device used or designed
to be operated for entertainment, amusement or as a game by the insertion
of a piece of coin, money, token or other article. This definition
is not intended to include a jukebox, musical device or any machine,
contrivance or device which dispenses tobacco or would be commonly
known as a "vending machine."
Any person who owns, places, distributes or locates an amusement
game in the Town.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
A.
License requirement. No person shall maintain or operate an amusement
center within the Town without having in full force and effect an
amusement center license issued by the Town Board. Said license shall
be prominently displayed on the premises at all times.
B.
Application for license. Any person desiring to operate an amusement
center shall file an application with the Town Board which shall contain
the following information:
(1)
Name, address and telephone number of the applicant.
(2)
The address of the premises to be used as an amusement center.
(3)
If the applicant is an individual, the age, date, and place of birth
of the applicant, and if the applicant is a partnership, firm, association
or other business entity, the same information shall be supplied for
each stockholder, officer and director of the corporation or of the
partners, members or principals of such business entity or other organization.
(4)
The name, home address and home telephone number of the manager or
other authorized agent of the applicant who shall be principally in
charge of or conduct the business of the applicant on the designated
premises.
(5)
The prior criminal conviction record of the applicant, other than
convictions for minor traffic infractions. Said information shall
be supplied for each partner, stockholder, officer, director or principal
of the business entity or organization.
C.
Approval or disapproval of application.
(1)
The Town Board shall promptly forward a copy of the application to
the Code Enforcement Officer/Building Inspector for investigation,
review and report. The Code Enforcement Officer/Building Inspector
shall promptly review all information contained in the application
and recommend approval or disapproval of the application. If the application
is approved, the Town Board shall issue the license upon payment of
the fee as hereinafter provided.
(2)
The application for a license shall be denied for any of the following
reasons:
(a)
Conviction of a crime involving moral turpitude.
(b)
False statements contained in the application.
(c)
The operation of the proposed amusement center would not be in accordance with the appropriate provisions of Chapter 247, Zoning.
(d)
The location of such machines upon the premises constitutes
a safety or fire hazard under the applicable provisions of the Code
of the Town of Pendleton.
(e)
The premises do not comply with the appropriate building, electrical
and plumbing codes of the Town.
(f)
The premises are located within 500 feet of the lot lines of
any public or private school, church or other place of religious worship.
The fee for a license for an amusement center shall be as described
in the Town of Pendleton Fee Schedule, adopted by the Town Board by
resolution, as may be amended from time to time, and all licenses
shall expire on the 31st day of December of each calendar year. An
application for an amusement center license shall be accompanied by
a nonreturnable fee as described in the Fee Schedule, adopted by the
Town Board by resolution, as may be amended from time to time, which
amount shall be credited to the yearly license fee if such license
is approved.
No person shall maintain or operate an amusement center within the Town without having in full force and effect an amusement center license, for each game so operated, issued by the Town Board. Said licenses shall be prominently displayed at all times on the premises where the games are operated. Any person desiring to operate or maintain amusement games shall file an application with the Town Board containing such same information as provided in § 100-2, above. Such application shall be approved or disapproved after investigation by the Code Enforcement Officer/Building Inspector of the applicant, and such application shall be disapproved for the same reasons as indicated in § 100-2, above.
The fee for a license to operate amusement games shall be as
described in the Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time, and all licenses shall expire
on the 31st day of December of each calendar year. Such fee shall
accompany the application for such license.
A.
License required. No person shall distribute or sell amusement games
in the Town without having in full force and effect an amusement game
distributor license issued by the Town Board.
B.
Application for license; approval or disapproval.
(1)
Any person desiring to distribute amusement games shall file an application
with the Town Board, which shall contain the following information:
(a)
Name, address and telephone number of the applicant.
(b)
If the applicant is an individual, the age, date and place of
birth of the applicant; and if the applicant is a partnership, firm
and association or other business entity, the same information shall
be supplied for each stockholder, officer, director, partner, member
or principal of such organization.
(c)
The prior criminal conviction record of the applicant, if any,
other than convictions for minor traffic infractions. Said information
shall be supplied for each partner, stockholder, officer, director,
member or principal of the business entity.
C.
Reports. Any person granted an amusement game distributor license
must semiannually submit a report to the Town Board listing all amusement
games distributed or sold in the Town by such person. Failure to provide
such reports shall serve as grounds for revocation of the amusement
game distributor license.
The fee for an amusement game distributor license shall be as
described in the Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time, and such licenses shall expire
on the 31st day of December of each calendar year. Such fee shall
accompany the application for such license.
A.
Minors.
(1)
No person under the age of 16 years shall be permitted to play or
operate any amusement game unless accompanied by a parent or legal
guardian; however, in premises where the sale of alcoholic beverages
has been licensed by the State of New York, no person under the age
of 21 years shall be permitted to play or operate said amusement game
unless accompanied by a parent or legal guardian. The owner or operator
of said place where the amusement games are located shall be responsible
for enforcing the above age restrictions and shall be charged with
a violation of this chapter if he/she knowingly permits persons under
the age as set forth above to use or operate any amusement games.
The owner or operator of said premises shall post an appropriate sign
indicating the age restrictions as herein above set forth.
(2)
It shall be a violation of this chapter for any person unaccompanied
by a person or guardian to intentionally misrepresent his/her age
or identification for the purpose of operating an amusement game.
B.
Gambling. No owner or operator of any premises shall permit gambling
or games of chance to take place on the premises in connection with
the operation of an amusement game, and no cash awards shall be made
in any contest, tournament, league or individual play on any amusement
game.
D.
Use of alcoholic beverages. No person shall allow the consumption
of alcoholic beverages in any premises where amusement games are located,
except if the premises are licensed by the State of New York for the
sale and consumption of alcoholic beverages on the premises.
E.
Orderly premises. The owner or operator of such amusement center
shall at all times maintain good order in and about the premises and
shall not permit any disturbance, congestion or loitering in and about
the premises.
F.
Competent person to be in charge of premises. Each owner or operator
of an amusement center and each person operating or maintaining an
amusement game on its premises shall at all times during the operation
of the business keep in charge of the premises a person of at least
18 years of age who shall be responsible for the enforcement of all
rules and regulations pertaining to the operation of the business.
G.
Inspection.
(1)
The premises of all amusement centers in the Town, when open for
the transaction of business, shall be subject to inspection by any
peace officer, acting pursuant to his special duties, or police officer.
(2)
Any other premises in the Town containing amusement games when open
for the transaction of business shall be subject to inspection by
any peace officer, acting pursuant to his special duties, or police
officer.
Any person who violates any of the provisions of this chapter
shall be guilty of a violation punishable by a fine of $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment. The continuation of any offense against the provisions
of this chapter shall constitute, for each week the offense is continued,
a separate and distinct offense hereunder.
Any permit or license issued under the provisions of this chapter
shall be suspended or revoked by the Town Board if the applicant has
violated the provisions of this chapter or made a false statement
on the application for license or if the use and operation of the
premises constitutes a breach of the peace or a nuisance to the general
public.
