[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 3-17-1982 by L.L. No. 3-1982. Amendments noted where
applicable.]
The purpose of this chapter is to control the
establishment of game rooms by licensing in order to determine whether
premises containing game rooms comply with all fire, health, sanitary
and building codes and laws and other applicable state and local laws,
ordinances and regulations and to adopt rules and regulations governing
the occupancy and use of such game rooms.
As used in this chapter, the following terms
shall have meanings indicated:
Any mechanical, electric or electronic device used
or designed to be operated for entertainment or as a game of skill
by the insertion of a piece of money, coin, token or other article
or by paying money to have it activated. This definition does not
include:
A room or place used exclusively for and containing more
than four amusement games and meeting the specifications prescribed
by this chapter.
One or more individuals, a corporation, partnership, association,
trust, firm, trustee, receiver or assignee or any other legal entity.
Any room, building or place to which the general public has
access or to which individuals have access with the permission of
the person in control thereof.
The Town of Rotterdam.
No person shall place or permit to be placed
upon any premises owned by him or under his control as manager, proprietor,
lessee or otherwise, more than four amusement games, unless he shall
have established a game room in accordance with the provisions of
this chapter.
No person shall operate a game room in the Town
unless the person is licensed to do so pursuant to the provisions
of this chapter.
A.
Each application for a license hereunder shall be
filed with the Town Clerk, in duplicate, and shall specify:
(1)
The name, address and telephone number of the applicant
and, if a firm, corporation, partnership or association, the principal
officers thereof and their addresses and telephone numbers.
(2)
The address of the premises where the game room is
to be operated, together with the character of the business carried
on at such premises if used other than exclusively as a game room.
(3)
The name and address of the registered agent, if any,
of the applicant, upon whom service of process is authorized to be
made.
(4)
The name, address and telephone number of the manager,
if any, of the applicant, who shall be in charge of the applicant's
game room in the Town of Rotterdam.
(5)
The floor area of the game room and the number of
amusement games which applicant proposes to place in the game room.
B.
The application shall contain a certification, under
oath, made by the applicant, or a principal officer thereof if the
applicant is other than a natural person, that the information contained
in the application is complete, accurate and truthful to the best
of his knowledge and belief.
C.
If the establishment of the game room necessitates construction, reconstruction, alteration or remodeling of a premises so that a building permit is required therefor, the application shall not be submitted until such time as the permit is obtained by the applicant. If a site plan approval is a prerequisite to the issuance of the building permit under Article XVIII, Site Plan Approval, of the Zoning Ordinance of the Town of Rotterdam, the site plan review shall be completed prior to the submission of the license application. The report of the Planning Commission as provided by § 270-134, Final site plan approval, of the Code shall be submitted to the Building Inspector/Code Enforcement Officer.
[Amended 3-12-1986 by L.L. No. 4-1986[1]]
A.
The annual license fees shall be as set forth in Ch. 126, Fees. No additional fees shall be payable for game machines.
[Amended 1-25-1989 by L.L. No. 1-1989]
B.
The license year shall be from January 1 to December
31 of each year, and all licenses shall expire on the 31st day of
December of each year.
C.
The license fee shall be payable annually in advance and shall accompany the application for a license. Where the application is submitted on or subsequent to July 1 of any year, the applicant shall pay a license fee as set forth in Ch. 126, Fees.
[Amended 1-25-1989 by L.L. No. 1-1989]
D.
The license may be renewed by the licensee by payment
to the Town Clerk of the fee in effect at the time of renewal.
A.
The Building Inspector/Code Enforcement Officer shall
review the application and, with the advice and assistance of such
other Town personnel as may be necessary, inspect the premises to
ascertain whether the premises comply with all applicable fire, housing,
building, sanitary, electrical and plumbing codes, state or local.
The inspection and review shall be completed within 14 working days
after the date of the receipt of the copy of the application by the
Building Inspector/Code Enforcement Officer or within seven working
days of the final completion of any construction, alteration or remodeling
of a premises authorized by a building permit after, if necessary,
site plan review. Within six working days after completion of the
inspection and review, the Building Inspector/Code Enforcement Officer
shall, by letter to the Town Clerk and a copy to the applicant, either
authorize issuance of the license or deny the same with the reasons
for such denial. The denial of such license shall be subject to review
by certiorari.[1]
B.
Within five working days of the receipt of said letter
by the Town Clerk, the license, if authorized, shall be issued by
the Town Clerk.
C.
If the license is denied, 25% of the paid license
fee shall be returned to the applicant, the balance going to offset
the costs of the application review.
A.
The licensee shall not permit any individuals to bet
or gamble on the premises in which the game room is situate.
B.
The licensee shall, at all times, maintain good order
and shall not permit any disturbance, congestion or loitering upon
the premise in which the game room is situate.
C.
No game room shall be without sanitary facilities
as required by local or state law or contain any fire, safety or health
hazard prohibited by local or state law.
E.
Possession or consumption of alcoholic beverages,
except upon premises licensed for on-premises possession or consumption
is prohibited.
F.
The owner or operator of a game room shall not allow
it to be open or used unless it is under the control and supervision
of a person at least 18 years of age who shall ensure that it is operated
in compliance with these regulations.
G.
No cash awards shall be offered or given in any contest,
tournament, league or individual play on any amusement game.
If any person shall have on premises under his
control more than four amusement games on the effective date of this
chapter, the person shall apply for a game room license within 30
days after such effective date. The utilization of the amusement games
by such person shall be permissible without a license pending a final
determination by the Building Inspector/Code Enforcement Officer on
the application in accordance with the procedures prescribed in this
chapter.
All officers of the Town Police Department and
the Town Building Inspector/Code Enforcement Officer are authorized
to enforce the provisions of this chapter.
A.
Every license issued hereunder is subject to revocation
by the Town Board 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. The revocation shall occur
only after a hearing.
B.
The licensee shall be given 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.
Violations. Any person or persons, firm or corporation
violating any of the provisions of this chapter shall be guilty of
an offense punishable by a fine not to exceed $250 or imprisonment
not to exceed 15 days, or by both such fine and imprisonment. Each
week's continuous violation shall constitute a separate additional
violation. The Town Board shall have such other remedies as are allowable
by law.
[Amended 3-12-1986 by L.L. No. 4-1986]
B.
Complaints. Whenever a violation of this chapter occurs,
any individual may file a complaint. Such complaint shall be in writing
and shall be filed with the Building Inspector/Code Enforcement Officer.
Such complaint shall be immediately investigated, and a written report
thereon filed with the Town Board within 30 days.[1]
C.
Civil action. In addition, the Town Board may authorize
the institution of any appropriate civil action, including an action
for injunction, for the purpose of enforcing this chapter.
This chapter shall not have application to the
possession or operation of amusement games by nonprofit corporations,
associations or groups, unless the amusement games are available for
use by the general public. Additionally, this chapter shall not have
application to all premises holding a valid New York State liquor
license where there is on-premises consumption of alcoholic beverages.
