Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-26-1957 as Art. 2 of Ch. 3 of the Scarsdale Village Code; amended in its entirety 2-25-1982 by L.L. No. 1-1982. Section 116-4 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 192.
Noise — See Ch. 205.
Peace and good order — See Ch. 230.
Zoning — See Ch. 310.
No person shall, for money or for hire, conduct or operate any circus, theater, billiard parlor, poolroom, bowling alley, shooting gallery or other place of amusement or give any exhibition, performance or entertainment in the village without a license therefor.
A. 
The prohibitions of this section shall not apply to the presentation of literary, scientific or historical presentations or where the proceeds are to be devoted exclusively to charitable, educational or religious purposes.
B. 
The fees for such licenses shall be determined by the Board of Trustees.
No person shall, for money or hire, install, maintain or operate any electronic or mechanical amusement device in the village without having first obtained a license therefor from the Village Clerk.
A. 
No more than two such devices may be maintained at a single premises.
B. 
Such devices may only be maintained as accessory uses to a principal permitted use in a business district.
C. 
The Village Clerk may issue a license for a period of one year, provided that he finds and determines as follows:
(1) 
The maintenance of such amusement device is merely incidental to a permitted use in a business district.
(2) 
The maintenance of such devices will not create or aggravate hazards or dangers to the public or persons in the vicinity.
(3) 
The maintenance of such device will not generate automobile or pedestrian traffic in excess of that which may be anticipated from the permitted principal use.
(4) 
The maintenance of such device will not be incongruous with or detrimental to the surrounding neighborhood nor impair the use, enjoyment or value of adjacent properties nor detract from the appearance of the area.
D. 
In passing upon the application for the licensing, the Clerk shall take into account, among other factors, the proximity of schools and businesses already having such devices and may impose reasonable conditions consistent with preserving the public health, safety, morals and general welfare of the community, including but not limited to the hours during which such devices may be operated.
E. 
Any person aggrieved by a decision of the Village Clerk in either granting or denying the application for such license may appeal his decision to the Board of Appeals within 30 days from the date it is filed in the Village Clerk's office. All such appeals shall be made in conformance with the rules and regulations of the Board of Appeals, including but not limited to the notice requirements contained in §§ A316-4 through A316-8 of such regulations.[1]
[1]
Editor's Note: For the Rules and Regulations of the Board of Appeals, see Ch. A316.
F. 
The fee for such licenses shall be determined by the Board of Trustees.
No person shall install, or cause to be installed, or alter, repair or maintain any portable electronic equipment connected to 50 or more volts of electrical power, which equipment is intended for use by the public, either as an amusement device or vending machine, unless such equipment shall be so installed that all exposed metal or other conducting surfaces and parts are effectively grounded in a manner approved by the National Electrical Code.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.