[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose 7-27-1981 by L.L. No. 2-1981.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 62.
[1]
Editor's Note: Pursuant to L.L. No. 1-1976 which established
the Code, the provisions of this chapter were originally designated as Ch.
81.
This chapter, and all amendments, codifications and recodifications
hereof, shall be known and may be cited as the "Games and Arcades Control
Law of the Incorporated Village of Bellerose."
A.
The unrestricted establishment of commercial game rooms
and arcades would pose substantial hazards to the peace, comfort, health,
safety and welfare of Village residents. Likewise, the unregulated proliferation
of games and other amusement devices, as incidental uses within established
business premises, would pose equally serious problems in the maintenance
of an orderly and peaceful flow of commerce, in the preservation of the public
safety and welfare and in the promotion of legitimate and necessary uses within
the business community. It is the purpose of this chapter to assure the protection
and preservation of the Village's comprehensive planning; the safeguarding
of the general health, welfare, morals and comfort of the Village citizenry;
and the restriction and prohibition of certain unsuitable uses which, by their
nature or evolution within the community, would seriously impede or adversely
affect proper land use and development, the efficient delivery of essential
municipal services, the orderly regulation of pedestrian and vehicular traffic
and the reasonable enjoyment of recreational activity within the community
as a whole.
B.
This chapter is declared by the Board of Trustees of
the Incorporated Village of Bellerose to be adopted pursuant to Article 4
of the Village Law of the State of New York and to the police powers which
are granted to the Board of Trustees therein and not pursuant to the zoning
powers granted the Board of Trustees under Article 7 of the Village Law of
the State of New York.
A.
GAMES AND AMUSEMENT DEVICES
GAMES ARCADE
PERSON
For the purposes of this chapter, and all amendments
or additions hereto, the following words and phrases shall have the meanings
described herein, as and whenever the same shall appear in this chapter:
Any electric, mechanical, computerized, electronic or other device,
machine or implement which is either designed and intended or used, operated
or maintained as a game, amusement or means of entertainment, including but
not limited to the following: pinball machines, shooting galleries, computerized
games, electronic games, skillboards, billiard or pool tables, electronic
bowling or shuffleboard tables, bowling alleys and casino-type games or bagatelle
or any other similar games of skill or chance. Also included within the definition
are coin-operated mechanical or electronic musical devices which are commonly
referred to as "jukeboxes."
Any lot, premises, facility, building or structure, open to the public,
in which three or more bowling alleys, electronic or mechanical games or amusements,
billiard or pool tables or any other games or amusement devices of any kind
as such terms are defined herein or any combination of three or more such
games or devices as aforesaid are situated, stored, possessed, operated, used
or maintained and for which a fee is charged, either directly or by membership,
ticket or other indirect fees, either for admission to any such place or premises
or for access to or use of any such games or amusement devices as aforesaid.
Any natural person, firm, corporation, copartnership, association,
joint-stock association, company, organization, club, society or other entity,
except the State of New York, the United States, the Incorporated Village
of Bellerose and any divisions, boards, commissions, agencies or departments
thereof, when acting in their official capacities.
B.
Word usage.
(1)
And and or. Unless the context shall clearly require
otherwise, the words "and" and "or" shall be interpreted to mean and include
each other and shall be interchangeable.
(2)
Shall and may. The word "shall," whenever it appears
shall always mean "must" and shall prescribe mandatory conduct; the word "may,"
whenever it appears, shall always mean "might" and shall prescribe permissive
or discretionary conduct.
(3)
Singular and plural. Unless the context shall clearly
require a different interpretation, whenever the singular form of a word shall
appear herein, it shall mean and include the plural thereof, and whenever
the plural form of a word shall appear herein, it shall mean and include the
singular thereof.
Insofar as it may actually conflict with the provisions of any other
law, ordinance, rule, order or regulation, this chapter, and all amendments,
codifications and recodifications hereof, shall be deemed to supersede and
take precedence and control over every such contrary provision, but only to
the extent and degree necessary to effect the purposes of this chapter and
carry out its provisions, and for no other reason.
A.
It shall be unlawful for any person to establish, construct,
use, operate or maintain any games arcade anywhere within the Incorporated
Village of Bellerose, and under no circumstances shall any license, permit,
special exception or other authorization therefor be granted, issued or otherwise
allowed by any board, commissioner, officer, agent or employee of the Village.
B.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain more than two games or amusement devices
for business or commercial purposes in or upon any premises within the Incorporated
Village of Bellerose or to so own, lease, store, possess, use, operate or
maintain any such game or amusement device except in conformity with the provisions
of this chapter and unless licenses and permits have previously been obtained
therefor.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for commercial
or business purposes in or upon any premises within the Incorporated Village
of Bellerose, except as an incidental use, and not as the main use, on business
premises and only after having previously obtained all licenses and permits
required by this section.
B.
A separate premises permit shall be required for each
building, facility, structure or other premises in which games or amusement
devices are owned, leased, stored, possessed, used, operated or maintained
for business or commercial purposes, and a separate license shall be required
for every game or amusement device so owned, leased, stored, possessed, used,
operated or maintained in or upon any such premises, which license shall be
posted in a conspicuous place in the establishment of the licensee where games
are located.
C.
Applications for permits and licenses shall be made in
writing on forms provided by the Village Clerk and shall be filed in the office
of the Village Clerk during regular business hours. Every such application
shall provide for such information as the Board of Trustees may, from time
to time, direct or require by rule, resolution or order. No application shall
be accepted for filing unless fully completed, signed and notarized and unless
accompanied by payment of all application fees provided for elsewhere in this
section.
D.
No license or permit may be granted or issued pursuant
to this section unless and until all of the provisions of this chapter are
fully complied with. In addition to the foregoing requirement, the Board of
Trustees, as licensing body, shall consider the following factors before passing
upon any application hereunder: the possible effects on the public health,
peace, safety, comfort and welfare, including but not limited to the size,
floor area, design and location of the premises; the nature and type of game
or amusement device proposed to be used; the proposed hours and days of operation;
the proximity of residential uses; the impact on municipal services, facilities
and public areas; compatibility with surrounding business uses; potential
increase in pedestrian and vehicular traffic; the adequacy of existing and
proposed firesafety devices, such as sprinklers, alarms, extinguishers and
fire exits; the potential for increased noise and other noxious disturbances;
and compliance with all fire, building, zoning, plumbing and other ordinances
and laws.
E.
Issuance and renewal.
(1)
In the event that the Board of Trustees shall deem it
advisable to grant the application for a permit or license, the Village Clerk,
after payment of the annual fees for licenses and permits provided for elsewhere
in this section, shall issue the appropriate license and/or permit. Licenses
and permits shall be issued on an annual basis only and shall expire on December
31 next succeeding the date of issuance thereof, and no such license or permit
shall be transferable.
(2)
In the event that a license or permit issued hereunder
shall not be renewed and the annual renewal fee not paid therefor on or before
January 15 next succeeding the date of expiration of such license or permit,
then the same shall be null and void and of no further force or effect, and
the holder thereof shall be required to file a new application and pay a new
application fee before any such license or permit may be validly reinstated
by the Board of Trustees and lawfully reissued and renewed by the Village
Clerk.
F.
Fees.
[Amended 12-9-1996 by L.L. No. 3-1996]
(2)
All fees provided for herein shall be nonrefundable and
without proration.
(3)
The Board of Trustees may, from time to time, amend,
repeal, abolish or otherwise modify any fee provided for herein by order or
resolution of the Board. Except for good cause shown and unless specifically
provided for therein, no such order or resolution shall be retroactive, in
either its effect or application, from the date of its adoption.
G.
All licenses shall be nonassignable and nontransferable
and personal to the stockholders of any corporate licensee, requiring a new
application in the event of a sale or transfer of the corporate assets in
whole or in part.
[Amended 12-9-1996 by L.L. No. 3-1996]
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for business
and commercial purposes within the Incorporated Village of Bellerose, and
no license or permit shall be granted or issued therefor, within any of the
following restricted locations or premises:
(1)
Any area of the Village which is zoned for a use classification
other than the business classification under the zoning laws, ordinances,
rules or regulations of the Village.
(2)
Any area within a five-hundred-foot radius of any school,
nursery, day-care center, church, synagogue, public park or playground, library,
hospital or clinic, public building or community center or nursing home.
(3)
Any open area, open court or other mandatory open portion
on any lot, plot or premises.
(4)
Any area within a two-hundred-fifty-foot radius of any
place or premises, other than a bar or bar-restaurant, in which any game or
amusement device is currently and lawfully used, stored, owned, leased, possessed,
operated or maintained under a valid license or permit issued pursuant to
this chapter.
(5)
Within or upon any place, premises or building, other
than a bar or bar-restaurant, in which any type of food, beverage, liquor
or alcoholic beverage is or may be sold, offered for sale, purchased, dispensed,
served or consumed or in which the same is permitted to be brought into or
possessed in or upon any part or portion of such place, premises or building.
(6)
Within or upon any place, premises or building, any part
or portion of which is designed, constructed, altered, intended, used or maintained
as or for a residential dwelling or apartment, whether or not the same shall
be segregated from the remainder of such premises and whether or not the same
shall be located on the same or a different floor of such building or premises
as the remaining portion thereof.
B.
The provisions of this section shall not apply to any
establishment actually licensed by the Incorporated Village of Bellerose for
the use, operation or maintenance of any game or amusement device, prior to
the effective date of this chapter, solely in respect to any such game or
amusement device actually covered under the provisions of any such license,
for a period of one year from the effective date of this chapter. Upon the
expiration of the term provided for hereby, this section shall apply fully,
with equal force and effect, to every person, place, premises and building
within the Village.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for business
or commercial purposes in or upon any premises within the Incorporated Village
of Bellerose, and no license or permit shall be issued or granted therefor,
unless and until the owner of such premises can provide a minimum of two off-street
parking spaces for each such game or amusement device permitted by this chapter.
Each such parking space shall be located on the same lot as the premises are
located or on an adjoining, contiguous lot also owned by the person owning
the premises. Each such off-street parking space shall fully conform to every
Village law, ordinance, rule, order or regulation controlling or providing
for the same and shall be in addition to and separate from all other off-street
parking which may be required by any such law, ordinance, rule, order or regulation.
B.
Every game and amusement device within the Village shall
be so situated and placed within and upon a premises that it shall not:
(1)
Block or otherwise obstruct any window, door, doorway,
ventilating duct, fire exit, boiler, furnace, radiator, baseboard or other
heater device, stairs or stairway, toilet or other sanitary facility.
(2)
Obstruct, encumber or otherwise interfere with the free,
clear passage of any person into, through or from such premises.
(3)
Have an open, unobstructed area surrounding such game
or device, from floor to ceiling, of less than five feet, measured from each
of the actual exterior sides of every such game or device, except the one
side (and no more than one) which is placed near or against a wall or partition.
A.
Any license or permit issued pursuant to the provisions
of this chapter may be suspended or revoked by order of the Board of Trustees
or by order of the Village Clerk, for a violation of any of the provisions
of this chapter. The effective date of any such revocation or suspension shall
be the date of service of a written notice of same, and such notice shall
be deemed served, in compliance with this section, on the date that same shall
be either personally served or delivered to the person to whom the license
or permit was issued or on the date such notice is mailed, return receipt
requested, by either certified or registered mail, to the last known address
of the holder thereof, as the same shall appear on the most recent application
for such license or permit.
B.
Any person whose license or permit has been suspended
or revoked pursuant to the provisions herein shall have the right to a hearing
before the Board of Trustees to review such suspension or revocation, provided
that such person files a written petition requesting such hearing in the office
of the Clerk within 30 days of the date of service of the notice provided
for hereinabove. The Board of Trustees, within 30 days of the date of filing
of such petition, shall fix the date for such hearing and shall hold the same
and render its decision thereon within 60 days of the date of the hearing.
C.
It shall be unlawful for any person whose license or
permit has been suspended or revoked or whose license or permit has become
null and void after expiration and nonrenewal thereof to use, operate or maintain
any game or amusement device for business or commercial purposes or to allow
any other person to use, operate or maintain the same, within the Incorporated
Village of Bellerose, during any period of time after which such license or
permit has been suspended, revoked or become null and void and before which
such license and permit has been actually and validly reissued, reinstated
or restored.
Any person who shall violate any provision of this chapter shall, upon
conviction, be subject to a fine of not less than $150 and not more than $250
for each such violation; and every violation of this chapter shall constitute
disorderly conduct, and every person violating or aiding and abetting a violation
of this chapter shall be a disorderly person and shall, upon conviction, be
subject to the aforesaid fine or to imprisonment for not more than 15 days,
or to both such fine and imprisonment, for each such violation. Each day that
a violation of this chapter shall continue shall constitute a separate violation
hereof.
