[HISTORY: Adopted by the Town Board of the
Town of West Seneca 7-6-1981. Amendments noted where applicable.]
The short title of this chapter shall be "Amusements
and Amusement Businesses."
As used in this chapter, the following terms
shall have the meanings indicated:
A building, premises or place which provides entertainment
by means of amusement devices and which contains more than five (5)
such devices.
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged. The term "amusement
device" does not include jukeboxes.
Any person, firm, corporation, partnership or association
who 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.
Any person, firm, corporation, partnership, association or
club who, 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, without first having obtained
the proper license therefor.
A.
The license fee for each distributor shall be one
hundred dollars ($100.), together with a fee of fifteen dollars ($15.)
for each such device leased or distributed to a proprietor.
B.
The license fee for each proprietor shall be twenty
dollars ($20.) per year for each device used or played or exhibited
for use or play.
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 on the 31st of December
of each year.
The provisions of this chapter requiring license
fees shall not apply to any church, fraternal or veterans' organizations
or other religious, charitable or nonprofit organization which operates
a coin-operated amusement device exclusively for the use of its members
and their guests and on premises owned or controlled by it.
A.
Each application for a license hereunder shall be
filed with the Town Clerk in duplicate, together with the required
fee, 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 Town of West Seneca.
(5)
With respect to each person whose name appears on
the application:
(a)
The fact of conviction in any jurisdiction of
any offense which under the laws of New York is denominated a felony,
misdemeanor or an offense involving moral turpitude, and/or the fact
of conviction in any jurisdiction of any offense which under the New
York State Penal Code is denominated as a crime, with a full disclosure
of the nature of the offense, time and place of commission, legal
proceedings and penalty imposed.
(b)
Each such person shall voluntarily submit to
the taking of his fingerprints so that a proper investigation will
be expedited.
(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.
A.
The Town Clerk shall promptly forward a copy of the
application to the Chief of Police and the Building Inspector for
investigation, review and reports.
B.
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 town 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 conduct and unwarranted noise and commotion.
C.
No proprietor's license shall be granted unless the
licensed premises shall meet all requirements of the Fire, Building,
Sanitary, Electrical and Plumbing Codes of the Town of West Seneca
and State of New York.
A.
If the application is approved, the license shall
be issued by the Town Clerk.
B.
If the license is denied, seventy-five percent (75%)
of the fee shall be returned to the applicant, the balance going to
offset the costs of the investigation. The grounds for denial shall
be set forth in writing. The applicant shall be entitled to a hearing
before the Town Clerk within thirty (30) days of the denial of the
license, at which time he may submit pertinent information on his
behalf. The applicant shall be given ten (10) days' notice of the
date of such hearing.
A.
Any proprietor who owns such device or devices at
the time this chapter becomes effective shall file with the Town Clerk
evidence of such ownership prior to the issuance of a license.
B.
Any proprietor purchasing a device or devices after
the effective date of this chapter shall file with the Town Clerk
evidence of ownership thereof before exhibiting or placing said device
or devices for use or play.
A.
In the case of proprietors, the license shall be posted
in a conspicuous place in the establishment of the licensee.
B.
In the case of distributors, the license number assigned
to each device shall be permanently affixed to said device so that
it can be easily ascertained.
C.
All licenses shall be nonassignable and nontransferable.
A.
No proprietor holding a license to operate coin-operated
amusement devices shall permit a person under sixteen (16) years of
age to play or operate a coin-operated amusement device after 10:00
p.m. unless such person is accompanied by his parent or legal guardian.
This limitation shall not apply to the use of mechanical carousel
horses or similar amusement devices designed especially for the amusement
of children.
B.
The proprietor shall not permit any person to bet
or gamble on the licensed premises.
C.
The proprietor shall at all times maintain good order
and shall not permit any disturbance, congestion or loitering upon
the licensed premises.
D.
No music machine shall be operated in a manner to
be heard out of doors.
E.
No licensed premises shall be without adequate sanitary
facilities nor contain any fire, safety or health hazard.
F.
Each distributor and/or proprietor shall, within five
(5) days, report in writing to the Town Clerk any change by addition
or deletion of the information furnished on the license application
during the term of any license or renewal thereof.
G.
No distributor or proprietor shall refuse to cooperate
fully with the Town Clerk and any law enforcement officer or agency.
H.
Location.
[Amended 10-18-1982]
(1)
Future amusement centers shall not be located within
five hundred (500) feet of the lot line of a public or private school
or within two hundred fifty (250) feet of any R District boundary.
(2)
The Town Board retains authority to modify limitations
set forth herein upon application and taking into consideration the
location of the licensed premises in conjunction with general development
of the area.
I.
No person shall be issued a license who has been convicted
of a crime or gambling offense under the New York State Penal Law,
and any subsequent conviction to a licensee may result in suspension
or revocation.
A.
Every license issued hereunder is subject to a revocation
or suspension by the Town Clerk for the violation of any of the provisions
of this chapter. Any material misstated or omitted in the license
application shall constitute grounds for revocation or suspension.
The revocation shall occur only after a hearing.
B.
The licensee shall be given ten (10) days' notice
of the date of such hearing, and such notice shall state the grounds
therefor. At such hearing the licensee may submit pertinent information
on his own behalf.
A.
Any person who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding
two hundred fifty dollars ($250.) or by imprisonment for a term not
exceeding fifteen (15) days, or both. A separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.
B.
Upon such conviction, no licensee shall thereafter
transact the business of distributing or operating coin-operated amusement
devices in the Town of West Seneca.
