[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley
10-5-1981 by L.L. No. 3-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A210.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes but is not limited to any coin-controlled amusement machine
and any non-coin-controlled amusement machine for which a use fee is paid
and particularly, but not limited to, the type of machines commonly known
as "bagatelle," "baseball," "football," "iron claw," "pinball" and "video
amusement games."
One or more individuals, a partnership, company, corporation, association,
society or any other legal entity, and any officer, agent, servant or employee
thereof in charge of the premises hereinafter defined.
Any parcel of land, building, structure, vehicle or any other place
within the territorial limits of the Village of Ardsley where an amusement
device may be kept, maintained, exhibited, used or operated for a fee.
No licensed device under this chapter shall be operated or permitted
by the licensee or any person in charge of the premises wherein the device
is located to be operated for any use or purpose prohibited by law. In addition,
such amusement device shall be incidental to the primary use of the premises
as allowed by the Zoning Code[1] of the Village of Ardsley, which primary use shall not be for
the exhibit, offering or use of any such amusement devices.
No person shall keep, maintain, use or exhibit or permit to be kept,
maintained, exhibited, used or operated in or upon any premises in his control
within the Village of Ardsley, a manually, mechanically or electronically
operated amusement device used or designed in whole or in part for the amusement,
entertainment or recreation of the public, without first obtaining a license
therefor from the Village Clerk as provided herein.
A.
A verified application, in duplicate, shall be made by
any person desiring a license required by this section to the Village Clerk
upon application forms furnished to him by the Village Clerk. The application
form shall require the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the manufacturer of the amusement
device.
(3)
The manufacturer's number, if any, and a complete
and detailed description of the amusement device which shall include all the
mechanical features and the method of operation.
(4)
The name and address of the distributor of the amusement
device if it is different than the manufacturer.
(5)
The location, by street and number, of the place where
the amusement device is sought to be licensed.
(6)
The nature and use of the premises upon which the device
is proposed to be kept, maintained, exhibited or operated.
(7)
The number of such devices already licensed or sought
to be licensed upon the same premises.
B.
The application shall also contain a statement indicating
whether any previous application had been made for an amusement device license
and whether such license had been issued. If a previous license had not been
issued after an application was made, or if a previous license had been suspended
or revoked, the applicant must explain the circumstances thereof in detail.
The application for a license under this chapter shall be referred by
the Village Clerk to the Chief of Police for his investigation and recommendation
as to his approval or disapproval, and said Chief of Police shall forward
his recommendation to the Village Clerk in writing. No license shall be issued
without the approval of the Chief of Police. The Chief of Police shall cause
such inquiries, inspections and investigations to be made as he deems necessary,
including, but not limited to, the device sought to be licensed; the premises
upon which the amusement device is proposed to be located; and the backgrounds
of the manufacturer, distributor, applicant and/or any person in charge of
such premises.
[Amended 12-19-1888 by L.L. No. 7-1988]
Prior to the issuance of any license under this chapter, the Village Clerk shall collect a fee for each amusement device to be utilized in the premises from the owner or operator of the premises and a fee from the owner or distributor of the amusement device. Said fees shall be as indicated in Ch. A210, Fees. The license fees aforesaid shall be annual charges paid on or before June 1 of each year by both the owner or operator of the premises and the owner or distributor of the amusement device.
The Village Clerk is authorized to issue the license required by this
chapter upon an applicant's compliance with the terms and conditions
set forth herein and upon the approval of the Chief of Police.
No more than three amusement devices shall be licensed under this chapter
for exhibition or use in the same premises at any one time.
[Amended 8-6-2007]
A license shall be procured under this chapter for each amusement device.
A decal, bearing the same number as the license, shall be obtained from the
Village Clerk and securely attached to each licensed amusement device in a
conspicuous place thereon. The cost of the decal is $25 and shall be paid
to the Village Clerk. No amusement device shall be kept, exhibited, used or
operated in the Village of Ardsley until such decal has been attached to the
device.
Each license and decal issued hereunder shall expire the first day of
June next succeeding its issuance unless sooner revoked by the Village Clerk.
No license or decal issued shall be transferred from one amusement device
to another, except as hereinafter provided, nor shall any license or decal
be transferred to any person or location other than stated in the application
therefor. A license and decal may be transferred to another device identical
in every respect, or to a device of the same general character as that licensed.
The provisions of this chapter, with respect to applications, investigations
and approval, shall apply to all transfers, and no transfer shall be effective
until the Village Clerk has issued a certificate therefor. Prior to the issuance
of such certificate, the Village Clerk shall collect the sum of $5 for each
transfer.
Any license issued pursuant to this chapter may be revoked by the Village
Clerk, and any decal issued under such license may be recalled and destroyed
for any of the following reasons:
A.
Violation of any of the provisions of this chapter.
B.
Violation of any law, ordinance, rule or regulation of
any governmental officer, agency or department governing or applicable to
the maintenance or conduct of the premises upon which the amusement device
is located.
C.
Violation of any law, ordinance, rule or regulation governing
or applicable to the maintenance, possession, use or operation of the licensed
device.
D.
Conviction of the licensee or any person in charge of
said premises of a crime.
E.
Upon the recommendation of the Chief of Police, in writing,
in which he states the reasons therefor.
F.
Otherwise, for cause.
If the Village Clerk determines that the license granted pursuant to
this chapter should be revoked and the decal recalled, the Village Clerk,
within five days of such determination, must notify the licensee in writing
of the reasons for the license revocation. The notification of the licensee
must advise him that the license will be revoked 15 days from the date of
the notification and may be served on the licensee personally or by certified
mail addressed to said licensee at the address specified in the application.
The licensee, within five days of his receipt of the notification, if he desires
to contest the revocation, must file a demand in writing with the Village
Clerk apealing the revocation. Upon the demand being filed, the Mayor shall
appoint a hearing panel consisting of three members of the Board of Trustees
to conduct a hearing to determine if the revocation was justified. The hearing
panel shall complete its hearing within 10 days of the licensee making his
written demand. The hearing panel's decision shall be by majority vote.
Technical rules of evidence shall not apply to the testimony or other evidence
adduced before the hearing panel, and a record of the testimony shall be kept
by means of tape recorder. The hearing panel, at the conclusion of its hearing
and after deliberation, shall immediately render its decision, which decision
shall be final.
A.
Any person disregarding any provision of this chapter
shall be guilty of a violation and, upon conviction thereof, shall be sentenced
to imprisonment for a term not to exceed 15 days and/or to a fine in the minimum
sum of $50 and a maximum sum of $250. All licenses held by said person shall
be revoked automatically upon said conviction.
B.
Any person attaching a fictitious or counterfeit decal
or any person maintaining, operating or in charge of premises upon which a
manually, mechanically or electronically operated amusement device is kept,
exhibited or used, to which a fictitious decal purporting to be issued by
the Village Clerk or a counterfeit of said decal is attached, shall be guilty
of a violation and, upon conviction thereof, shall be sentenced to imprisonment
for a term not to exceed 15 days and/or to a fine in the minimum sum of $50
and a maximum sum of $250.
