[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 70 of the 1983
Code; amended in its entirety 1-21-1997 by L.L. No. 3-1997. Subsequent amendments
noted where applicable.]
The Board of Trustees of the Village of East Hills hereby determines
that, to protect the public health, safety and welfare of the residents
of the Village of East Hills, the public interest requires the placement
of restrictions on coin-operated amusement devices within the Village,
so as to control commercial properties in the number and placement
of such devices.
As used in this chapter, the following terms shall have the
meanings indicated:
Any mechanical, electrical or electronic coin-operated amusement
device which, by means of the insertion of a coin, token, slug, disk
or other similar article, activates the operation thereof. The term
indicates, but is not necessarily limited to, pinball machines, electronic
games and similar devices, excluding music machines otherwise denominated
as "jukeboxes."
Any individual, partnership, corporation, association of
individuals, officers, directors and stockholders, acting in any capacity.
Any legal, public or quasi-public place, building or store
where the public may enter for the purpose of operating or playing
such coin-operated amusement device, or otherwise. Where more than
one business establishment is operated within a single building or
at one address, whether through lease, sublease or ownership, the
entire "premises" or building shall be considered, for the purpose
of this chapter, to be one "premises," and all regulations of this
chapter shall pertain.
Any person, firm, corporation, partnership, association or
club who is the owner, lessee, proprietor or operator of commercial
establishments located within the Village or has under his, her or
its control any commercial establishment, place or premises in or
at which such device is placed or kept for use or play or on exhibition
for the purpose of play.
No more than two amusement devices shall be permitted to be
installed for use by the public at any premises.
A.
No
amusement device shall be located on any premises which is located
within 500 feet of the lot lines of a public or private school or
house of worship.
A.
No
cash awards or awards of anything of monetary value shall be offered
or made with respect to the operation of any device, and no device
shall be permitted to operate if said device delivers to the player
coins or slugs or metal tokens as a result of certain scores, if such
delivery of coins, slugs or metal tokens is or is held to be a game
of chance or a gambling device contrary to the laws of the State of
New York.
B.
Coin-operated
amusement devices shall be so placed at the premises so as not to
be visible from the street.
C.
There
shall be no amusement device located on any premises where no other
business is transacted. Said devices shall only be an adjunct to the
primary business on said premises.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable, upon conviction therefor, as provided in Chapter 1, General Provisions, Article III. The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. In addition, the Board of Trustees of the Village shall have the right to maintain a civil action for the abatement of any such nuisance as may be created by the violation of this chapter.
