[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968
by Ord. No. 1-1968 as Ch. 8 of the 1968 Code of the Village
of Lindenhurst. Sections 29-1C, 29-2 and 29-6 amended and § 29-5
added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
GENERAL REFERENCES
Licensing officer — See Ch. 15.
A.
No person, partnership, association, corporation, organization
or club shall maintain or operate any bowling alleys, electronic or mechanical
amusement machines or games, billiard or pool tables or any similar games
or devices open to the public for which a fee is charged, either directly
or as membership fees, giving the right of access to and use of the aforementioned
devices, or by any other indirect means, without first having obtained a license
from the Licensing Officer of the village pursuant to the requirements of
this chapter. A permit shall only be granted on an application made, in writing,
to said Officer, signed by the applicant.
[Amended 5-20-1975 by L.L. No. 6-1975; 9-30-1975
by L.L. No. 19-1975, 8-15-1978 by L.L.
No. 7-1978; 8-18-1980 by L.L. No. 7-1980]
B.
Prior to granting a license, the Licensing Officer shall
give consideration to the possible effect on the public health, safety and
welfare, including but not limited to the availability of off-street parking;
proposed hours and days of operation; proximity to residences, schools and
public recreation areas; and other businesses, if any, also operated on the
same premises. No license shall be issued for any premises located within
500 feet of any school, public park or playground, church or public community
center.
[Added 5-20-1975 by L.L. No. 6-1975]
C.
Every application shall be accompanied by a nonrefundable
application fee of $10. All licenses shall be issued annually and shall expire
on December 31 next succeeding the date of issuance thereof. Within 10 days
of notification that an application for a license has been granted and prior
to the issuance of said license, the applicant shall pay a fee of $10 per
table, lane or other device per annum for the year in which the license is
issued, without proration, and for each year thereafter, payable at the Village
Hall to the order of the Incorporated Village of Lindenhurst, before the 10th
day of January. The annual fee and the application fee may be changed upon
resolution of the Board of Trustees.
D.
No person, partnership, association, corporation, organization
or club shall maintain or operate four or more electronic or mechanical amusement
machines or games or any similar games or devices upon any premises open to
the public and for which a fee is charged, either directly or indirectly,
as hereinabove more fully set forth, and no license shall be issued for such
premises. A license is required for the operation of two or three electronic
or mechanical amusement machines, and said license shall be issued only if
the use of such machines is incidental to and not the main use of the premises
and, further, provided that all other requirements of this chapter are complied
with. No license shall be required for the operation of one electronic or
mechanical amusement machine, provided that it is the only amusement machine
on the premises and, further, provided that the use of such machine is incidental
to and not the main use of the premises. The computation of mechanical or
electronic amusement machines shall include billiard or pool tables. There
shall not be more than one billiard or pool table at any premises hereunder.
[Added 8-18-1980 by L.L. No. 7-1980]
[Added 5-20-1975 by L.L. No. 6-1975]
No license shall be issued to any billiard room open to minors (persons
under 18 years of age).
[Added 5-20-1975 by L.L. No. 6-1975]
A.
The Licensing Officer of the village is hereby authorized
and empowered to establish reasonable rules, regulations and requirements
in conjunction with the issuance of licenses required by this chapter.
A person is guilty of fortune-telling when, for a fee or compensation
which he directly or indirectly solicits or receives, he claims or pretends
to tell fortunes or holds himself out as being able, by claimed or pretended
use of occult powers, to answer questions or give advice on personal matters
or to exorcise, influence or effect evil spirits or curses; except that this
section does not apply to a person who engages in the aforedescribed conduct
as part of a show or exhibition solely for the purpose of entertainment or
amusement.
Any person or persons, firm, association or corporation violating this
chapter shall be liable for and forfeit and pay for each violation thereof
a sum of not less than $50 and not more than $250 for each day the violation
shall continue.
