[HISTORY: Adopted by the Board of Trustees
of the Village of South Glens Falls 5-18-1983 by L.L. No. 2-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Circuses and carnivals — See Ch. 49.
Fees — See Ch. 67.
Games of chance — See Ch. 77.
[1]
Editor's Note: This local law previously appeared
as Ch. 33 of the 1977 Code of the Village of South Glens Falls.
It is the legislative intent in findings of
the Village Board of the Village of South Glens Falls that the use,
placement and ownership of coin-operated amusement devices, jukeboxes
and gamerooms must be adequately regulated so as to prevent public
disorder, nuisance, loitering and other acts detrimental to the public
health, safety and welfare as well as to ensure safe and proper location
of such devices in order to promote fire safety and prevent overcrowding
and other detrimental effects.
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanical, electric or electronic device used or designed
to be operated for entertainment or as a game by the insertion of
a coin, slug, token, plate, disc, key or any other article into any
slot, crevice or other opening or by paying money to have it activated.
This definition does not include:
[Amended 10-28-1992 by L.L. No. 1-1992]
Any device maintained within a residence for
the use of the occupants thereof and their guests.
Any gambling devices whatsoever or any mechanism
that has been traditionally determined to be a gambling device or
in any way contrary to law or that may be contrary to any future laws
of the State of New York.
A building or place containing two or more amusement games,
exclusive of jukeboxes.
Any music-vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
An amusement game or jukebox.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
The Village of South Glens Falls, Saratoga County, New York.
[Amended 10-28-1992 by L.L. No. 1-1992]
Premises are those where there are two or more
amusement games located.
A.
An application for a license shall be made to the
Village Clerk on forms containing information described by said Clerk
including:
(1)
The name and address of the applicant, age and place
of birth.
(2)
Prior convictions of the applicant, if any.
(3)
The place where the amusement game or jukebox is to
be displayed or operated and, if applicable, the business conducted
at that place.
(4)
A description of the machine to be covered by the
license, mechanical or electronic features, name of manufacturer,
serial number.
B.
Upon receipt of an application for a license, the
Village Clerk shall refer it to:
(1)
The Building Inspector to determine whether the premises
complies with all applicable laws, local laws, rules and regulations.
For that purpose, the Building Inspector shall have the right to enter
upon and inspect the premises during normal business hours.
(2)
The Chief of Police to cause an investigation to be
made of the background of the owner and the operator of the jukebox,
amusement, game(s) or gameroom.
C.
No license shall be issued to any applicant unless
he shall be over 18 years of age.
D.
Except as provided in New York Correction Law, Article
23-A, no license shall be issued to or held by any person who has
been convicted of a crime or by any corporation, partnership or association,
a member, officer, director or holder of 10% or more of the stock
of which has been convicted of any crime.
A.
After review of the application has been completed,
the Village Clerk shall forward it with his report, together with
the recommendations of the Building Inspector and the Chief of Police,
if any, to the Village Board for its review and recommendation.
B.
In approving a license, the Village Board may establish
conditions to promote and protect the health, safety and general welfare
of the Village and its inhabitants.
C.
After approval by the Village Board, the Village Clerk shall issue a license upon payment of the license fee established in § 49-6. The license shall state:
[Amended 10-28-1992 by L.L. No. 1-1992; 3-21-2007 by L.L. No. 1-2007]
A.
A license application for a gameroom shall be accompanied
by a nonrefundable fee as established by resolution of the Village
Board.
B.
The annual fee for a gameroom license shall be established
by resolution of the Village Board.
C.
A license may be transferred from one machine to another
similar machine upon application to the Village Clerk with the description
and serial number of the new machine accompanied by a transfer fee
established by resolution of the Village Board.
A.
The license or licenses herein provided for shall
be posted permanently and conspicuously at the location of the machine
in the premises wherein the machine is to be operated or retained
to be operated.
B.
Not more than one game shall be operated under one
license, and the applicant or licensee shall be required to secure
a license for each and every game displayed or operated by him.
[Amended 10-28-1992 by L.L. No. 1-1992]
A.
The operator of any gameroom shall comply with all
all provisions of law, local law, rule or regulation relating to the
conduct of business and the use and maintenance of the premises.
B.
The operator of any machine shall not permit a greater
number of persons on the premises at any time than the capacity approved
by the Village Board as set forth in the license.
C.
The operator of any machine and the members, officers,
directors and holders of 10% or more of the stock of any corporation,
partnership or association owning or operating a machine shall be
of good moral character.
D.
The operator of any machine shall maintain good order
on the premises at all times. The lack of good order on or about the
premises in which a machine is located shall include but shall not
be limited to the following:
(1)
Fighting and rowdy behavior.
(2)
Possession or consumption of alcoholic beverages,
except within premises licensed by the state for on-premises consumption
of those beverages.
(3)
Gambling.
(4)
Permitting the use of any controlled substance, possession
of which is prohibited by the New York State Penal Law.
E.
The owner or operator of any gameroom shall not permit
an amusement game therein to be played or operated before 9:00 a.m.
or after 10:00 p.m.
F.
The owner or operator of a gameroom shall not allow
it to be open or used unless it is under the control of and supervised
by a person at least 18 years of age who shall ensure that it is operated
in compliance with this chapter.
G.
The operator of premises shall not allow more amusement
games or jukeboxes than the number permitted in the license to be
located therein at any time.
[Amended 10-28-1992 by L.L. No. 1-1992]
The premises of all gamerooms in the Village,
when open for the transaction of business, shall be subject to inspection
by any peace officer or police acting pursuant to his special duties.
All gameroom licenses shall expire one year
from the date of issuance. The license shall state the expiration
date. Application for renewal of licenses shall be submitted at least
30 days before the expiration of the existing license.
Every license issued under this chapter is subject
to the right of revocation, which is hereby expressly reserved to
revoke the same should the licensee, directly or indirectly, permit
the operation of any machine contrary to the provisions of this chapter,
the laws or ordinances of the Village of South Glens Falls or the
laws of the State of New York. Said license may be revoked by the
Village Clerk after written notice to the licensee, which notice shall
specify the local law or law violations with which the licensee is
charged, if after a hearing the licensee is found to be guilty of
such violations. Ten days' notice of the hearing shall be given to
the licensee. At such hearing, the licensee and his attorney may present
and submit evidence of witness in his defense.
If the Board of Trustees shall have reason to
believe that any machine is used as a gambling device, such machine
may be seized by the police and impounded, and, if upon trial of the
exhibitor for allowing it to be used as a gambling device, said exhibitor
is found guilty, such machine shall be destroyed by the police.
Any person, firm, corporation or officer of
any firm or corporation violating any of the provisions of this chapter,
in addition to the revocation of his or its license, shall be liable
for a fine or penalty of not less than $250 or imprisonment for a
term not exceeding 15 days, or to both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day that the offense is continued, a separate
and distinct offense hereunder.
