Village of Manorhaven, NY Amusement Devices

This chapter shall be deemed an exercise of the police power of the State of New York and the Village of Manorhaven for the protection of the economic and social welfare, the preservation of peace and good order and the public health of the Village of Manorhaven. The unrestricted establishment of commercial game rooms and arcades would pose substantial hazards to the peace, comfort, health, safety and welfare of the village residents. Likewise, the unregulated proliferation of games and other amusement devices as incidental uses within established business premises would pose equally serious problems in the maintenance of an orderly and peaceful flow of commerce, in the preservation of the public safety and welfare and in the promotion of legitimate and necessary uses within the business community.

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Editor's Note: Local Law No. 1-1982 was adopted as an amendment to the Zoning Ordinance (see Ch. 155, Zoning) but has been codified separately as Ch. 28 due to its distinct subject matter and licensing provisions.

§ 28-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTRIBUTOR

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.

GAMES and AMUSEMENT DEVICES

Any electric, mechanical, computerized, electronic or other device, machine or implement which is either designed and intended or used, operated or maintained as a game, amusement or means of entertainment, including but not limited to the following: pinball machines, shooting galleries, computerized games, electronic games, skill boards, billiard or pool tables, electronic bowling or shuffleboard tables, bowling alleys and casino-type games.

PERSONS

Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups of any members, officers, directors or stockholders or any kind of person representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to the law.

PREMISES

Any public or quasi-public place, building or store where the public may enter.

PROPRIETOR

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.

§ 28-3 License required.

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, in the Village of Manorhaven without first having obtained the proper license therefor.

§ 28-4 Application for license.

Applications for permits and licenses shall be made in writing on forms provided by the Village Clerk and shall be filed in the office of the Village Clerk during regular business hours. Every such application shall provide for such information as the Board of Trustees may, from time to time, direct or require by rule, resolution or order. No application shall be accepted for filing unless fully completed, signed and notarized and unless accompanied by all application fees provided for elsewhere in this section.

It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain any game or amusement device for commercial or business purposes, in or upon any premises within the Village of Manorhaven, except as an incidental use and not as the main use, on a business premises only and only after having previously obtained all licenses and permits required by this section.

No license or permit may be granted or issued pursuant to this section unless and until all the provisions of this chapter are fully complied with. In addition to the foregoing requirements, the Board of Trustees, as licensing body, shall consider the following factors before passing upon any application hereunder: the possible effects on the public health, peace, safety, comfort and welfare, including but not limited to the size, floor area, design and location of the premises; the nature and type of the game or amusement device proposed to be used; the hours and days of operation; the proximity of residential uses; the impact on municipal services, facilities and public areas; compatibility with surrounding business uses, potential increases in pedestrian and vehicular traffic; the adequacy of existing and proposed fire-safety devices, such as sprinklers, alarms, extinguishers and fire exits; the potential for increased noise and other noxious disturbances; and compliance with all building, zoning, plumbing and other ordinances and laws.

§ 28-5 License fees; expiration of license; display.

License fees.

(1)

The license fee for each proprietor shall be $50 per year for each device used or played or exhibited for use or play.

(2)

All license fees shall be payable annually in advance and shall accompany the application, provided that, where the application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon the payment of a proportionate payment of the annual fee.

All licenses shall expire on the 31st day of December of each year.

All licenses shall be posted in a conspicuous place on the premises.

§ 28-6 Restrictions on issuance of license.

No license shall be granted for any premises which is located in an area zoned for use classification other than business.

No license shall be granted for any premises on which an amusement device is to be located if such premises is located within 500 feet of the lot lines of a public or private school or church.

No license shall be issued to any person who has been convicted of a crime or of any gambling offense against the laws of the State of New York or ordinances of the Village of Manorhaven, and in the event of any such convictions subsequent to the issuance of said license, said license shall be immediately revoked.

No proprietor's license shall be granted unless the licensed premises shall meet all requirements of the fire, housing, building, sanitary and electrical and plumbing requirements of the Village of Manorhaven.

§ 28-7 Issuance of license.

Upon proper application and submission of the appropriate fees and upon approval of the Board of Trustees, the Clerk shall issue a license.

§ 28-8 Use and operation restrictions.

No minor under 16 years of age shall be allowed to operate any device by this chapter unless such minor is accompanied by his or her parent or guardian.

The location and/or operation of more than three amusement devices on any one premises is prohibited.

No license shall be transferred from one location to another, and no license shall be transferred from one device or game to another.

No license shall be issued for any premises where no other business is transacted. Said devices may only be an adjunct to the primary business on said premises.

No cash award shall be made in a contest, tournament, league or individual play on any game maintained or operated in any amusement center, and no device shall be permitted to operate if said device delivers to the player coins or slugs or metal tokens on certain scores if such delivery of coins, slugs or metal tokens is, or is held to be, contrary to the laws of the State of New York or if said device may be readily converted to deliver to the players such coins, slugs or metal tokens, if such delivery of coins, slugs or metal tokens is, or is held to be, contrary to the laws of the State of New York.

§ 28-9 Suspension or revocation of license.

Any license issued under the provisions of this chapter may be suspended or revoked by the Board of Trustees if the applicant has violated the provisions of this chapter or has made a false statement on the application for a license or if the use and operation of the device constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.

§ 28-10 Evidence of ownership.

Any proprietor who owns or leases such device or devices at the time this chapter becomes effective shall file with the Clerk evidence of such ownership or lease prior to the issuance of a permit.

Any proprietor purchasing or leasing a device after the effective date of this chapter shall file with the Clerk evidence of ownership or leases thereof before exhibiting or placing said device or devices for use or play.

§ 28-11 Penalties for offenses.

Any person who shall violate any provisions of this chapter shall, upon conviction, be subject to a fine of not less than $100 and not more than $250 for each such violation, and every violation of this chapter shall constitute disorderly conduct, and every person violating or aiding or abetting a violation of this chapter, shall be a disorderly person and shall, upon conviction, be subject to the aforesaid fine or to imprisonment for not more than 15 days, or to both such fine and imprisonment, for each such violation. Each day that a violation of this chapter shall continue shall constitute a separate violation hereof.