[Adopted 11-13-1957 as Ch. 5 of the General Ordinances, approved 11-15-1957]
As used in this article, the following terms shall have the
meanings indicated:
Any machine which, upon the payment of a charge or upon the
insertion of a coin, slug, token, plate or disc, may be operated by
the public generally for use as a game, entertainment or amusement,
whether or not registering a score. It shall include but is not limited
to such devices as electronic video games, marble machines, pinball
machines, skill ball, mechanical grab machines, electronic bowling
machines, electronic driving machines, electronic baseball, football,
hockey or basketball machines, any and all air-propelled machines
or games, shooting games, billiard tables and pool tables and all
games, operations or transactions similar thereto under whatever name
they may be indicated, whether or not electronically operated. This
article, however, shall exclude any device, the possession or use
of which is otherwise prohibited by law.
[Amended 6-27-2001, approved 6-28-2001]
Any manually, mechanically or electrically operated music
vending machine, contrivance or device which is caused to operate
or may be operated upon the insertion of a coin into any slot or other
opening or by the payment of any fee, charge or other consideration
for the emission of songs, music or similar entertainment.
[Added 5-14-1969, approved 5-15-1969]
Includes one or more individuals, a partnership, company,
corporation, association or society, and any officer, agent, servant
or employee of the foregoing in responsible charge of premises hereinafter
mentioned.
Includes any parcel of land, building, structure, vehicle,
boat, airplane or any other property or part thereof.
[Added 6-27-2001, approved 6-28-2001]
A.
The City Council of the City of Mount Vernon, New York, hereby finds
that studies prepared by the County of Westchester establish that
arcades cause deleterious effects on the communities in which they
operate. Frequently, areas in which amusement devices operate suffer
from overcrowding in the buildings housing video games, excessive
noise and traffic congestion comprised of large numbers of youths
and bicycles blocking the sidewalks and entrances of other buildings
and businesses.
B.
The City of Mount Vernon is currently undergoing a major revitalization
effort to reverse the trend of urban deterioration and decay, particularly
in the downtown and commercial areas. The City Council is advancing
major urban renewal projects throughout the City, expending significant
efforts and resources toward improving the quality of life and character
of the City. The City is redeveloping major portions of blighted and
degraded commercial areas to strengthen its commercial tax base and
revive its downtown retail areas. The unrestrained proliferation of
amusement devices is inconsistent with the City's redevelopment
and revitalization efforts. It is therefore necessary to regulate
the installation of amusement devices to control the adverse secondary
effects associated with such uses and to mitigate any adverse consequences
to the urban renewal and revitalization effort of the City of Mount
Vernon.
[Amended 5-14-1969, approved 5-15-1969]
No person shall keep, maintain, use or exhibit, or permit to
be kept, maintained, exhibited, used or operated, in or upon any premises
in his possession or under his control within the City, a manually
or mechanically or electrically operated amusement device or jukebox
used or designed in whole or in part for the amusement, entertainment
or recreation of the public, without first obtaining a license therefor
from the Mayor and countersigned by the City Clerk as hereinafter
provided.
The Mayor is hereby authorized, in his discretion, to issue
such license upon the following terms and conditions:
A.
A
verified application in duplicate for said license shall be made by
such person to the City Clerk, upon blanks to be furnished by him,
giving the name and address of the applicant; the name and address
of the manufacturer of the device; the manufacturer's number,
if any; a complete detailed description of the device, including all
the mechanical features thereof; the method of its operation; the
exact location, nature and use of the premises in which the device
is proposed to be kept, maintained, exhibited or operated; the number
of such devices already licensed and sought to be licensed in the
same premises; and such further information as the City Clerk or the
Commissioner of Public Safety may require.
B.
The
application shall also contain a complete statement indicating whether
or not any previous application has been made hereunder and whether
any license has been issued, refused, suspended or revoked, with the
circumstances thereof.
C.
Upon receipt of the application by the City Clerk, the applicant may be issued a temporary permit pending the approval of the license application. This permit may be issued for a period not to exceed 60 days. If the license application is denied prior to the end of the sixty-day period, then the permit is immediately revoked. This temporary permit may be obtained upon payment of a nonrefundable fee of $10 for each machine, which fee does not apply to any part of the license application fee. The permit shall have clearly printed on its face the date of issue and the date of expiration. The issuance of a temporary permit is in no way to be construed as approval of the application for an amusement device license. The temporary permit is nonrenewable and may not be transferred or assigned. Maintenance, use or exhibit of an amusement device after the expiration date stated on the permit or after notice of the denial of the license application shall be considered a violation of § 84-2 of this chapter.
[Added 12-22-1982, approved 12-23-1982; amended 11-29-2001, approved 11-29-2001]
[Amended 5-27-1981, approved 5-28-1981]
A.
Said application shall be referred by the City Clerk to the Commissioner
of Public Safety for his investigation and recommendation in writing
to the City Clerk. No such license shall be issued without the approval
of the Commissioner of Public Safety, who shall cause such inquiries,
inspections and investigations to be made as he deems necessary to
carry out the intent and purpose of this article, including but not
limited to the device sought to be licensed or which shall be licensed,
the premises upon which said device is proposed to be or shall be
located and the moral character of the applicant or any person in
responsible charge of said premises. In order that the intent and
purpose of this article shall be carried out, the control and regulation
of such devices shall be under the supervision of the Department of
Public Safety, and members of said Department may at any and all times,
when such premises are open, visit the same and make an inspection
thereof.
B.
The Commissioner of Public Safety may disapprove an application for
an amusement device license if he determines that:
(1)
The applicant has made a material false statement or concealed a
material fact relating to his application;
(2)
The applicant has been convicted of a felony or of any crime involving
violence, dishonesty, deceit, indecency, degeneracy or moral turpitude;
or
(3)
The location of the amusement device in the applicant's premises
would be contrary to the public health, safety or welfare and detrimental
to the surrounding neighborhood.
C.
An applicant whose application for a license is denied shall be advised
in writing by the City Clerk stating the reason therefor.
D.
An aggrieved applicant may request a hearing by submitting a request
for same in writing within seven days after receipt of notification
of such denial.
[Amended 12-8-1982, approved 12-9-1982]
E.
Upon the receipt of the written request for a hearing, the City Clerk
shall notify the Commissioner of Public Safety, who shall hold or
cause his designee to hold a hearing at such time and place as he
shall prescribe. The applicant shall be given due notice thereof in
writing and may be represented by counsel. In each case, a decision
shall be reached without unnecessary delay, and such decision may
affirm, modify or reverse the determination appealed from.
[Amended 5-14-1969, approved 5-15-1969; 4-10-1981, approved 4-13-1981; 5-27-1981, approved 5-28-1981; 12-22-1982, approved 12-23-1982]
A license or permit shall be procured for each said device.
No amusement device or jukebox shall be kept, exhibited, used or operated
until and unless said license or permit is conspicuously posted upon
the premises.
[Amended 5-14-1969, approved 5-15-1969; 4-10-1981, approved 4-13-1981; 5-27-1981, approved 5-28-1981; 4-27-1983, approved 4-28-1983; 7-10-1985, approved 7-11-1985; 7-12-2000, approved 7-13-2000; 11-14-2001, approved 11-15-2001]
Prior to the issuance of such license, the City Clerk shall
collect the sum of $100 therefor for each amusement device licensed
and $30 for each jukebox licensed. Each such license shall expire
on the 31st day of May next after issue, unless sooner revoked by
the Mayor; and the expiration date shall appear on the face of the
license. All valid existing licenses issued prior to May 31, 1985,
shall expire on December 1, 1985. For new licenses issued after November
30th of any license year, the license fee shall be prorated. No such
license shall be transferred from one device to another, except as
hereinafter provided, nor to any person or location other than that
stated in the application therefor. No more than four such amusement
devices shall be licensed for maintenance, exhibition or use in the
same premises at any one time.
[Amended 1-22-1969, approved 1-23-1969]
A license and seal issued under the provisions of this article
may be transferred either to another device identical in every respect
or to a device of the same general character as that licensed. The
provisions of this article with respect to applications, investigations
and approval shall apply to all transfers, and no transfer shall be
effective until the Mayor has issued a certificate therefor. Prior
to the issuance of such certificate, the City Clerk shall collect
the sum of $7 for each transfer.
[Amended 5-14-1969, approved 5-15-1969; 6-27-2001, approved 6-28-2001]
A.
No person, firm, corporation or association or any agent, servant,
employee or representative of a licensee shall permit the operation
or use of any amusement device, as defined herein, by persons 15 years
of age or under at the premises where such amusement device is located,
unless such persons 15 years of age or under are accompanied by a
parent or guardian.
B.
Notwithstanding § 84-8A, no person, firm, corporation or association or any agent, servant, employee or representative of a licensee shall permit the operation or use of any amusement device, as defined herein, by persons 17 years of age or under between the hours of 8:30 a.m. and 3:30 p.m. on days when schools are officially open.
[Amended 5-14-1969, approved 5-15-1969]
No such amusement device shall be operated or permitted to be
operated by the licensee or by any person in responsible charge of
said premises or to be put to any use or purpose prohibited by law.
A.
Any license granted hereunder may be revoked by the Mayor and any
seal issued under such license recalled and destroyed for any of the
following:
(1)
The violation of any of the provisions of this article.
(2)
The violation of any law, ordinance, rule or regulation of any governmental
officer, agency or department governing or applicable to the maintenance
or conduct of the premises upon which said device is located.
(3)
The violation of any law, ordinance, rule or regulation governing
or applicable to the maintenance, possession, use or operation of
the licensed device.
(4)
The conviction of the licensee, holder of a license or any person
in responsible charge of said premises of a crime.
(5)
The recommendation of the Commissioner of Public Safety in writing,
stating the reasons therefor.
(6)
Otherwise for cause.
B.
This section shall in no way limit or impair the power otherwise
vested in the Mayor by law to revoke such licenses.
[Amended 5-14-1969, approved 5-15-1969]
Any person attaching a fictitious or counterfeit seal or maintaining,
operating or in responsible charge of premises in which a manually
or mechanically operated amusement device or jukebox is kept, exhibited
or used, to which device a fictitious seal purporting to be issued
by the City Clerk or a counterfeit of said seal is attached, shall
be guilty of a violation of this article.
Each day's maintenance, exhibition or use of any manually
or mechanically operated amusement device in violation of this article
shall constitute a separate offense.
