[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.]
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]
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.
