[Adopted 5-3-1977 by Ord. No. 13-1977[1]]
It is hereby declared to be the policy of the
City of New Rochelle to license and regulate mechanical amusement
devices for the purpose of preserving and caring for the safety, health,
comfort and general welfare of the inhabitants of the City and visitors
thereto who may be attracted to and use such devices, having in mind
that many of such users will be young persons of an age requiring
more care and attention than those of a more mature age, to the end
that order may be maintained, property protected and the purpose,
specified herein, preserved.
[Amended 7-12-1977 by Ord. No. 187-1977; 9-21-1982 by Ord. No. 192-1982]
As used in this article, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
Any premises, business or establishment that maintains 15
or more tournament regulation billiard tables or pool tables available
for public use.
[Added 11-19-1996 by Ord. No. 246-1996]
A business enterprise primarily engaged in the provision
of entertainment designed to serve and meet the diversified entertainment
and recreational needs of varied age groupings of persons ranging
from toddlers to senior citizens.
[Added 4-1-1998 by Ord. No. 74-1998]
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.
[Amended 10-20-1992 by Ord. No. 236-1992; 2-21-1995 by Ord. No. 52-1995; 11-19-1996 by Ord. No. 246-1996]
A business enterprise which limits use of its facilities
to members only and wherein the maximum number of members is based
on the size of the facility and the memberships provided are for at
least one year in duration. Such enterprise shall also file a report
with the Building Official on forms supplied by the Building Official
by April 1 of each year.
[Added 11-19-1996 by Ord. No. 246-1996]
Any person, firm, corporation or association in whose premises
or place of business any machine, as defined above, is placed or kept
for use by the public.
[Amended 7-12-1977 by Ord. No. 187-1977]
A.
No person shall place or keep in such person's premises
or place of business for use by the public any mechanical amusement
device, as herein defined, unless such premises or place of business
is licensed therefor by the City of New Rochelle.
B.
Application for such license shall be made to the
City Clerk upon forms to be supplied by the City Clerk for that purpose.
The application for such license shall contain
the following information:
A.
Application for license shall be made out in three
copies; one copy shall be referred to the Department of Police, one
copy to the Bureau of Buildings and one copy to be maintained by the
City Clerk.
B.
The Department of Police shall investigate the location
wherein it is proposed to operate such machine, determine the number
of machines and ascertain if the applicant is a person of good moral
character and either approve or disapprove the application. The Bureau
of Buildings shall investigate the location and the premises wherein
it is proposed to operate such machines and determine whether such
operation at such location in said premises complies with the restrictions
contained in local ordinances under its jurisdiction and report such
determination to the City Clerk.
A.
B.
Each license granted hereunder shall be granted for
an annual term running from April 1 to March 31 of the next succeeding
year. The fees paid for any license granted for the first year or
part thereof shall be prorated accordingly.
[Amended 7-12-1977 by Ord. No. 187-1977]
A.
The license herein provided for shall be posted permanently
and conspicuously at the premises or place of business where the mechanical
amusement device or devices are placed or kept for use by the public.
B.
A license shall not be transferable from person to
person nor place to place and shall be usable only at the place and
by the person designated in the license.
[Amended 9-21-1982 by Ord. No. 192-1982]
A.
No person, firm, corporation or association shall receive a license for or permit the operation of or maintain for operation more than an aggregate total of four mechanical amusement devices, as the same are defined in this article, at any one location and only one of the four mechanical amusement devices at any one such location may be a billiard or pool table, except that for a family entertainment center occupying at least 50,000 square feet of floor area a license may be granted for the operation of more than four mechanical amusement devices upon paying the annual fees as required for each mechanical amusement device under Chapter 133 of the City Code after first obtaining a special permit from the Planning Board for such operation, subject to the following requirements and standards:
[Amended 2-21-1995 by Ord. No. 52-1995; 4-1-1998 by Ord.
No. 74-1998]
(1)
A family entertainment center shall only be permitted
within a fully enclosed building.
(2)
The operator/applicant of the family entertainment
center shall submit a lease or letter from the owner of the property
joining in the application.
(3)
The operator/applicant of the family entertainment
center shall submit a layout plan, showing the number, type, location
and intended age level to be served for each mechanical amusement
device and other amusements to be installed on the premises.
(4)
The operator/applicant of the family entertainment
center shall submit an operation, security and safety plan to the
Commissioners of Police and Fire and the Building Official for approval.
(5)
The minimum off-street parking and loading space requirements
shall be determined by the Planning Board based upon consideration
of the following minimum criteria: floor area; number, type, and nature
of the amusement device; expected number of patrons and operational
staff; places of public assembly; availability of public transit;
and availability of public parking in the immediate area.
(6)
The operator/applicant of the family entertainment
center shall submit a special permit application fee of $1,000.
(7)
Upon satisfaction of the requirements set forth in Subsections A(1) through (6) above, the Planning Board may approve a special permit upon making the following findings and determination:
(a)
The proposed plans will serve and meet the diversified
entertainment and recreational needs of varied age groupings of persons
ranging from toddlers to senior citizens;
(b)
The operation, security and safety plans will
serve and meet the diversified security and safety needs of varied
age groupings of persons ranging from toddlers to senior citizens;
(c)
The minimum off-street parking and loading space
requirements as determined by the Planning Board have been met; and
(d)
The health, safety and welfare of the City will
not be adversely affected by issuance of the special permit.
(8)
The special permit may be revoked at any time by the
Planning Board after public hearing, due notice of which hearing shall
be given by publication and by certified and regular mailing to the
operator of the family entertainment center and the owner of the underlying
real property, if the Commissioner of Development requests such revocation
and certifies there has been either a substantial change in the use
and parking needs for the family entertainment center or a substantial
diminution of effectiveness in the operation, security and safety
plan for the family entertainment center.
(9)
The special permit shall be personal to the operator
of the family entertainment center when issued and shall not be assignable
other than to another financially qualified and experienced family
entertainment center operator.
B.
No person, firm, corporation or association or any agent, servant, employee or representative of a licensed person, firm, corporation or association shall permit the operation or use of any mechanical 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. No person, firm, corporation or association or any agent, servant, employee or representative of a licensed person, firm, corporation or association, shall permit the operation or use of any floor housing a mechanical amusement device, as defined herein, which is located in a family entertainment center and for which a special permit has been granted and is currently in effect under § 86-13A of the City Code, by persons 12 years of age or under after the hour of 10:00 p.m. unless such persons 12 years of age or under are accompanied by a parent or guardian.
[Amended 4-1-1998 by Ord. No. 74-1998; 4-21-1998 by Ord. No. 104-1998]
C.
The issuance of a license under this section shall
be limited to:
[Added 5-23-1995 by Ord. No. 130-1995[1]]
(1)
Amusement and/or sports establishments; or
(2)
Places of assembly where the service of food or drink
is a significant component of the business.
[1]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection C as Subsection D.
Every license issued under this article is subject
to the right, which is hereby expressly reserved, to revoke the same
should the licensee, directly or indirectly, permit the operation
of any mechanical amusement device contrary to the provisions of this
ordinance or the laws of the State of New York.
This article shall not apply to, and no license
shall be required for, the operation of mechanical amusement devices
of the kind herein specified:
A.
Wherein the proceeds therefrom are to be devoted exclusively
to charitable, benevolent or religious purposes.
B.
Where the operation thereof is upon the property and
premises of a private membership club and for the benefit of its members
or their guests; provided, however, that said exemption will terminate
if said private membership club operates any mechanical amusement
devices for the use and enjoyment of the general public.
[Amended 9-21-1982 by Ord. No. 192-1982]
Notwithstanding any inconsistent provision of
this article, this article shall not be deemed to prohibit the number
of mechanical amusement devices in excess of four existing on the
date of the enactment of this article at any one location. Notwithstanding
such exemption as to number, no increase in the number, where more
than four exist at any one location on the date of enactment of this
article, shall be permitted, and all mechanical amusement devices
existing on the effective date of this article, regardless of their
number, at any location, shall be licensed in accordance with the
provisions of this article.
[Added 5-23-1995 by Ord. No. 130-1995[2]]
A.
The Zoning Board of Appeals shall have exclusive power to modify or vary § 86-13 of this article upon its determination, in its absolute discretion, that such variance or modification is consistent with the provisions of this article and upon the finding that the application of the provisions of this article to a specific property will cause undue economic hardship, that such hardship is unique to that specific property and that the proposed variance will not conflict with the intent of the law.
B.
Upon receiving any application for such variance or
modification, the Zoning Board of Appeals shall refer such application
to the Planning Board for a report of said Planning Board with respect
to the effect of the proposed variance or modification on the surrounding
community. Such report shall be returned to the Zoning Board of Appeals
within 45 days of such reference and shall be placed on the next Zoning
Board of Appeals agenda for determination after the expiration of
the forty-five-day period or receipt of a report from the Planning
Board, whichever is earlier. Failure of the Zoning Board of Appeals
or the Planning Board to act within the time set forth herein shall
not be deemed an approval of the requested variance or modification.
An offense against the provisions of this article
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.
[1]
Editor's Note: Added during codification.
