[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
11-13-1984 by L.L. No. 6-1984 (Ch. 55 of the 1981 Code). Amendments noted
where applicable.]
This entire chapter shall be deemed an exercise of the police power
of the State of New York and of the Village of Babylon for the protection
of the economic and social welfare, the preservation of peace and good order
and of the public health of the Village of Babylon.
As used in this chapter, the following terms shall have the meanings
indicated:
Any coin-operated mechanical or electrical device or contrivance
which, by means of the insertion of a coin, token, slug, disk or other article
into a slot, crevice, opening or attachment connected with or forming a part
of any such devices or contrivances, effects the operation thereof for use
as a game, contest or amusement or which may be so used. The term "amusement
device" includes but is not necessarily limited to pinball machines, electronic
games, bagatelle and similar devices. The term "amusement device" does not
include jukeboxes.
Any person, firm, or corporation, partnership or association which
sets up for operation by another any device as herein defined, whether such
setting up for operation, leasing or distributing is for a fixed charge or
retail or on the basis of a division of the income derived from such device,
or otherwise.
Includes individuals, natural persons, partnerships, joint ventures,
societies, associations, clubs, corporations or unincorporated groups of any
members, officers, directors or stockholders or any kind of personal representative
thereof, in any capacity, acting for himself or for any other person, under
either personal appointment or pursuant to law.
Any public or quasi-public place, building or store where the public
may enter.
Any person, firm, corporation, partnership, association or club which,
as the owner, lessee or proprietor, has under his or its control any 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 use or play.
No person, firm or corporation shall engage in the business of a distributor
or proprietor of coin-operated amusement devices, as the terms are herein
defined in the Village of Babylon, without first having obtained the proper
license therefor.
A.
Any person desiring to obtain a license shall file each
application with the Clerk, in duplicate, and shall specify:
(1)
The name, address, social security number and telephone
number of the applicant and, if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security numbers
and telephone numbers.
(2)
The addresses of the premises where the licensed device
or devices are to be operated, together with the character of the business
as carried on at such place.
(3)
The name, address and social security number of the registered
agent of the applicant upon whom service of process is authorized to be made.
(4)
The name, address, social security number and telephone
number of the manager of the applicant who shall be in charge of the applicant's
business in the Village of Babylon.
(5)
With respect to each person whose name appears on the
application, the fact of conviction in any jurisdiction of any offense which
under the laws of New York is denominated a misdemeanor, a high misdemeanor
or an offense involving moral turpitude and/or the fact of conviction in any
jurisdiction of any offense which under the Penal Law is denominated as a
crime of the first, second, third or fourth degree, with a full disclosure
of the nature of the offense, time and place of commission, legal proceedings
and penalty imposed.
(6)
The trade name and general description of the device
or devices to be licensed, the name of the manufacturer and the serial number
of each such device.
B.
The application shall contain a certification under oath,
made by the applicant, that the information contained in the application is
complete, accurate and truthful to the best of his knowledge and belief.
C.
The Clerk shall promptly forward a copy of the application
to the Building Inspector for investigation, review and reports. The purpose
of this investigation shall be to establish that the applicant is capable
of conducting the proposed business of distributing or operating amusement
devices within the Village in a manner consistent with the public safety,
good morals and general welfare of the community and that all those persons
involved in such business can reasonably be expected to operate the proposed
business in accordance with law and free from gambling and other illegal or
immoral impact or unwarranted noise and commotion.
B.
The license fees for each proprietor shall be as set
from time to time by resolution of the Board of Trustees as follows: a fee
per year for the first device and a fee for each additional device used or
played or exhibited for use or play. [2]
C.
All license fees shall be payable annually in advance
and shall accompany the application, provided that where application is made
after the expiration of any portion of any license year, a license may be
issued for the remainder thereof upon payment of a proportionate part of the
annual fee.
D.
All licenses shall expire of the 31st day of December
of each year.
E.
All licenses shall be posted in a conspicuous place on
the premises.
A.
No license shall be granted for any premises on which
an amusement device is to be located if such premises is located within 200
feet of the lot lines of a public or private school or church.
B.
No license shall be issued to any person who has been
convicted of a crime or of any gambling offense against the laws of the State
of New York or ordinances of the Village of Babylon, and in the event of any
such conviction subsequent to the issuance of said license, said license shall
be immediately revoked.
A.
Upon proper application and submission of the appropriate
fees, the Clerk shall issue a license.
B.
A license issued under the provisions of this chapter
shall expire on December 31 of each year and will be renewed by the Village
Clerk upon receipt of a renewal fee in the same amount as the original application.
A.
No minor under 16 years of age during regular school
hours shall be allowed to operate any device regulated by this chapter unless
said minor is accompanied by his or her parent or guardian. This provision
shall not apply to establishments regulated by the State Liquor Authority.
B.
No cash awards shall be made in any contest, tournament,
league or individual play on any game maintained or operated in any amusement
center, and no device shall be permitted to operate if said device delivers
to the player coins or slugs or metal tokens on certain scores, if such delivery
of coins, slugs or metal tokens is or is held to be contrary to the laws of
the State of New York, or if said device may be readily converted to deliver
to the player such coins, slugs or metal tokens, if such delivery of coins,
slugs or metal tokens is or is held to be contrary to the laws of the State
of New York.
C.
The location and/or operation of more than three amusement
devices on any one premises which is regulated by the State Liquor Authority
is prohibited. All other premises shall be limited to operation of two amusement
devices and are permitted to make application to the Board of Trustees to
permit the operation of more than two devices.
D.
No license shall be transferred from one location to
another and no license shall be transferred from one device or game to another.
E.
No license shall be issued for any premises where no
other business is transacted. Said devices may only be an adjunct to primary
business on said premises.
Any license issued under the provisions of this chapter may be suspended
or revoked by the Board of Trustees if the applicant has violated the provisions
of this chapter or made a false statement on the application for license or
if the use and operation of the device constitutes a breach of the peace or
a menace to the health, safety or general welfare of the public.
A.
Any proprietor who owns or leases such devices or devices
at the time this chapter becomes effective shall file with the Clerk evidence
of such ownership or lease prior to the issuance of permit.
B.
Any proprietor purchasing or leasing a device after the
effective date of this chapter shall file with the Clerk evidence of ownership
or leases thereof before exhibiting or placing said device or devices for
use or play.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation 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.
