[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 5-26-1941 as § 263 of the General Ordinances; amended in
its entirety 4-9-2007 by L.L. No.
7-2007. Subsequent amendments noted where applicable.]
No person, business or establishment shall have
upon premises in the village any coin-, bill-, token- or card-operated
slot machine, marble, pinball, bagatelle, electronic, computerized
or other game, machine or device of any kind or make, unless such
game, machine or devise shall be licensed as hereinafter provided.
No person, business or establishment shall have more than two of any combination of any games, machines or devices operated by the insertion of a coin, bill, token or card as described in § 81-1.
A.
No game, machine or device shall be used directly
or indirectly for gambling purposes, and any premises where such game,
machine or device is maintained shall be subject to inspection from
time to time to ascertain that such game, machine or device is not
being used for gambling purposes.
B.
The prohibition on the use of games, machines and
devices for gambling purposes shall not prohibit the use of such games,
machines and devices when:
(1)
Used in connection with games operated by the New
York State Lottery at premises that have been licensed by the New
York State Division of Lottery; or
(2)
Operated by a bona fide religious, charitable or nonprofit
organizations of veterans, volunteer firemen and similar nonprofit
organizations, unless otherwise prohibited by law. The use of such
games, machines and devices shall not exceed seven consecutive days.
[Amended 12-10-2018 by L.L. No. 2-2018; 3-11-2019 by L.L. No. 2-2019]
A.
The fees
to be charged under the provisions of this chapter shell be determined
from time to time by resolution of the Board of Trustees.
B.
Application shall be made to the Mayor as provided in Chapter 187, Licenses and Permits, by each person who maintains or proposes to maintain upon any premises in the Village a game, machine or device as described in § 81-1, and it shall be the duty of the Mayor to ascertain that the premises upon which such game, machine or device are located or proposed to be located shall be a suitable place therefor and maintained in an orderly manner. The license fee for such premises shall be charged per annum.
[Amended 12-10-2018 by L.L. No. 2-2018;3-11-2019 by L.L. No. 2-2019]
A.
The fees
to be charged under the provisions of this chapter shell be determined
from time to time by resolution of the Board of Trustees.
B.
In addition to the license fee provided in § 81-4, the licensee shall pay an annual license fee for each game, machine or device. Nothing herein contained shall be deemed to require a license fee for any replacement or substitution of a licensed game, machine or device during a licensed period. Such games, machines and devices shall be subject to inspection to ascertain whether or not the same are used or are to be used directly or indirectly for gambling purposes. The license issued hereunder shall be posted conspicuously near said game, machine or device so that it shall be visible at all times and shall designate the number of games, machines and devices licensed thereunder.
A.
In addition to the penalties prescribed in Chapter 187, Licenses and Permits, § 187-2, any person who shall operate a game, machine or device as described in § 81-1 without obtaining a license for such game, machine or device, or without displaying upon such game, machine or device the license issued as herein provided shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, 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.
B.
Notwithstanding any provision of this chapter inconsistent
herewith, for any and every violation of this chapter involving the
use of a game, machine or device directly or indirectly for gambling
purposes, the owners and/or operators of the subject property and
the premises at the time of the violation and any other person who
takes part or assists in any such violation shall be guilty of a violation
as defined in the Penal Law of the State of New York, punishable by
a fine of not less than $1,500 for the first violation; and by a fine
of not less than $3,000 for a second and any subsequent violation
committed within a period of five years. Each week's continued violation
shall constitute a separate additional violation.
C.
The Village Attorney may, upon the direction of the
Board of Trustees, institute an action in the Supreme Court of the
State of New York for appropriate relief where it appears under the
circumstances that the imposition of a fine alone would not be adequate.
D.
The remedies provided for herein are cumulative and
not exclusive and shall be in addition to any other remedies provided
by law.
