[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck:
Art. I, 7-25-1955 as Sec. 1 of Ch. 7 of the Unified Code
of Ordinances, effective 10-2-1955; Art. II, 7-12-1976
as L.L. No. 9-1976, effective 7-15-1976.
Sections 96-6, 96-11, 96-15A and 96-21 amended and § 96-10 added
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. (Local
Law No. 9-1976 was included as Sec. 9 of Ch. 7 of the Unified Code
of Ordinances.) Other amendments noted where applicable.]
[Adopted 7-25-1955 as Sec. 1 of Ch. 7 of the Unified
Code of Ordinances, effective 10-2-1955]
No person shall, within the village, exercise for hire without a license
any of the following trades or occupations:
A.
The maintenance and operation of any theater, moving
picture or any similar exhibition.
B.
The keeping of billiard or pool tables, bowling alleys,
shooting games and other similar places of lawful amusement, including the
maintenance of carousels, merry-go-rounds, Ferris wheels, steeplechase chutes,
scenic railways, scenic caves, striking machines, ring tosses, ball games,
picture shows and all other shows of similar character, baseball games excepted.
C.
The use of any public hall or opera house.
No license shall be required for any show of the kind herein specified
the proceeds of which are to be devoted exclusively to charitable, benevolent
or religious purposes.
The licenses as fixed in this Article shall expire on the last day of
January next following the granting thereof, unless sooner suspended or revoked
for cause.
All licenses so granted shall, upon the payment of the prescribed fee
therefor, be issued by the Manager to such person as he shall deem fit and
proper for such trade or occupation, which shall, in the judgment of the Manager,
not be likely to disturb the peace and order of the village or to be immoral
or improper. All such licenses shall be revocable, with or without notice,
for any cause for which they might have been originally refused.
Trades or occupations specified in the foregoing sections, when carried
on within one (1) field or enclosure entirely under the control of one (1)
person, may be collectively licensed by a park license.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
The fees for licenses for said several trades or occupations shall be set forth in Chapter A347, Fees.
The Board of Trustees retains the right to cancel any license granted
by the Manager and to refund such portion of the license fee as may be proper.
[Added 11-23-1959, effective 12-10-1959]
In order that the repose or religious liberty of the village is not
interrupted, it shall be unlawful for bowling to be permitted or carried on
between the hours of 8:00 a.m. and 1:00 p.m. on Sundays.
[Added 4-23-1973, effective 5-3-1973]
It shall be unlawful for a theater, including moving-picture shows,
to be open for public admission during the hours between 12:30 a.m. until
8:00 a.m.
[Added 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Any person violating any of the provisions of this Article shall be
punishable, upon conviction thereof, by a fine not exceeding two hundred fifty
dollars ($250.) or imprisonment not exceeding fifteen (15) days, or both.
[Adopted 7-12-1976 as L.L. No. 9-1976,
effective 7-15-1976]
As used in this Article, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
Any machine which, upon the payment of a charge or upon the insertion
of a coin, slug, token, plate or disc, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score; provided, however, that this definition shall not apply to billiard
tables or pool tables in billiard or pool parlors holding special permits
solely as such and where said pool tables or billiard tables therein are not
ancillary uses for the premises involved. It shall include but is not limited
to such devices as marble machines; pinball machines; skill ball; mechanical
grab machines; electronic bowling machines; electronic driving machines; electronic
baseball, football, hockey or basketball machines; any and all air-propelled
machines or games; pool tables; shooting games; and all games, operations
or transactions similar thereto, under whatever name they may be indicated,
whether or not electronically operated. Jukeboxes, compact disc players and
the like are not "mechanical amusement devices" as defined by this section.
[Amended 2-14-1995 by L.L. No. 2-1995,
effective 2-21-1995]
Includes any person, firm, corporation or association which owns
any such machine; the person, firm, corporation or association in whose place
of business any such machine is placed for use by the public; and the person,
firm, corporation or association having control over such machine; provided,
however, that the payment of the license fee by any person, firm, corporation
or association enumerated herein shall be deemed a compliance with this Article.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Nothing in this Article shall, in any way, be construed to authorize,
license or permit any gambling devices whatsoever or any mechanism that has
been judicially determined to be a gambling device or in any contrary to law
or that may be contrary to any future laws of the State of New York.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device, as defined by § 96-11 herein, shall be required to obtain a license from the Village of Mamaroneck upon payment of a license fee. Application for such license shall be made to the Clerk-Treasurer upon a form to be supplied by the Clerk-Treasurer for that purpose.
A.
The application for such license shall contain the following
information:
(1)
The name and address of the applicant, his age and his
date and place of birth.
(2)
Prior convictions of the applicant, if any.
(3)
The place where the machine or device is to be displayed
or operated and the business conducted at that place.
(4)
A description of the machine to be covered by the license,
mechanical features, the name of the manufacturer and the serial number.
B.
No license shall be issued to any applicant unless he
shall be over twenty-one (21) years of age and a citizen of the United States.
C.
Application for license shall be made out in four (4)
copies, one (1) copy being referred to the Chief of Police, one (1) copy to
the Building Inspector, one (1) copy to the State Electrical Inspector and
one (1) copy to be maintained by the Clerk-Treasurer.
D.
Inspections.
(1)
The Chief of Police shall investigate the location wherein
it is proposed to operate such machine, ascertain if the applicant is a person
of good moral character and either approve or disapprove the application.
(3)
No license shall be issued to any applicant unless approved
by the Chief of Police and the Electrical Inspector.
E.
Any applicant whose application for license has been
denied shall have the right to appeal said decision denying the application
for license to the Board of Trustees of the Village of Mamaroneck at a meeting
thereof, and the same may be granted or refused by said Board of Trustees.
A. Every applicant, before being granted a license, shall pay an
annual license fee as set forth in Chapter A347, Fees, for the privilege of
operating or maintaining for operation each mechanical amusement device as
defined in § 96-11 herein and, further, shall pay an annual license
fee as set forth in Chapter A347, Fees, for maintaining premises that contain
said devices.[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
A.
Each license granted hereunder shall be granted for an
annual term running from October 1 to September 30 of the next succeeding
year. The fees paid for any license granted for the first year or part thereof
shall be prorated accordingly.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein the
device is to be operated or maintained to be operated.
A.
Such license may be transferred from one machine or device
to another similar machine upon application to the Clerk-Treasurer to such
effect and the giving of a description and the serial number of the new machine
or device. Not more than one (1) machine shall be operated under one (1) license,
and the applicant or licensee shall be required to secure a license for each
and every machine displayed or operated by him.
B.
A license shall not be transferable from person to person
nor place to place and shall be usable only at the place and by the person
designated in the license.
A.
No person, firm, corporation or association holding a license under this Article shall permit persons under eighteen (18) years of age to play or operate any mechanical amusement device as defined in § 96-11.
B.
No person, firm, corporation or association shall permit
the operation of mechanical amusement devices within two hundred (200) feet
of any church, public or parochial school or playground or within two hundred
(200) feet of other premises already currently holding a valid license to
operate said mechanical amusement devices. The existing prior licenses shall
be given preference, including license renewal, where two (2) premises within
two hundred (200) feet of each other seek licenses under this Article.
[Amended 2-14-1995 by L.L. No. 2-1995,
effective 2-21-1995]
C.
No person, firm, corporation or association may receive
a license to operate more than two (2) mechanical amusement devices.
D.
No person, firm, corporation or association shall permit the operation of or maintain for operation more than an aggregate total of three (3) amusement devices, including therein mechanical amusement devices, billiard tables or pool tables; provided, however, that this limitation shall not apply to premises or establishments that are operating solely as pool parlors or billiard parlors pursuant to Article I of this chapter and which are not using licensed pool tables, billiard tables or mechanical amusement devices as ancillary uses.
Every license issued under this Article is subject to the right, which
is hereby expressly reserved, to revoke the same should the licensee, directly
or indirectly, permit the operation of any mechanical amusement device contrary
to the provisions of this Article, the laws of the Village of Mamaroneck or
the laws of the State of New York; and the Village Manager may, at any time,
suspend any license therefor. Notice of such suspension and the reason or
reasons therefor, in writing, shall be served by the Clerk-Treasurer upon
the person named in the application or license or by mailing the same to the
address given in the application, and, upon filing a copy of such notice in
the Clerk-Treasurer's office, with affidavit of service of mailing, such
license shall be suspended until the next regular meeting of the Board of
Trustees, at which meeting the license may be revoked or continued by the
Board. When a license shall be revoked, no refund for any unearned portion
of the license fee shall be made.
If the Chief of Police shall have reason to believe any mechanical amusement
device 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.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Any person, firm, corporation or association violating any of the provisions
of this Article, in addition to the revocation of his or its license, shall
be liable to a fine or penalty of not more than two hundred fifty dollars
($250.) or imprisonment for not more than fifteen (15) days, or both, for
each offense.
This Article shall not apply to and no license shall be required for
the operation of mechanical amusement devices of the kind herein specified:
A.
Wherein the proceeds therefrom are to be devoted exclusively
to charitable, benevolent or religious purposes.
B.
Where the operation thereof is upon the
property and premises of a private membership club and for the benefit of
its members or their guests; provided, however, that said exemption will terminate
if said private membership club operates any mechanical amusement devices
for the use and enjoyment of the general public.
