[HISTORY: Adopted by the Town Board of the Town of Henrietta 6-17-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
Adult use establishments — See Ch. 6.
Bingo — See Ch. 35.
Games of chance — See Ch. 134.
Editor's Note: This local law also repealed former Ch. 20, Amusement Centers, adopted 5-5-1982, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT CENTER
- The premises, including a theater, restaurant, hall, auditorium, tent, structure, building or enclosure of any type, within which is produced, offered, presented or operated three or more coin-operated amusement games.
- AMUSEMENT GAME
- Any mechanical or electronic device used or designed to be operated for entertainment or as a game by the insertion of a coin and shall include the type of mechanical or electronic devices commonly known as "arcade games," "baseball," "radio," "target gun" or similar target, "football," "pinball," "pool table," "snooker table," "foosball" and electronic television-screen-type games such as tennis or handball. The above enumeration shall not be deemed to be exclusive. This definition does not include any device used for gambling or any device the possession or use of which is prohibited by law.
- Includes any individual, any business enterprise, such as a corporation, partnership, association, trust or firm, and any trustee or receiver.
No person shall maintain or operate an amusement center within the Town of Henrietta without first having obtained an amusement center license.
An application for an amusement center license shall be made to the Town of Henrietta.
Upon receipt of an application for an amusement center license and after approval for Zoning Code compliance by the Fire Marshal/Building Inspector, said Fire Marshal/Building Inspector shall cause an inspection of the premises to be made to determine whether the applicant is complying with the laws and ordinances which he is charged with enforcing. Said Fire Marshal/Building Inspector and members of his staff shall have the right to enter upon any premises for which an amusement center license is sought for the purpose of making such an inspection during normal business hours.
Upon receipt of the application for the amusement center license, the Town of Henrietta shall cause an inspection to be made of the premises to determine whether public safety problems exist on the premises, and the Town of Henrietta shall cause an investigation to be made of the background of the owner and the operator of the center. The Town of Henrietta and its representatives shall have the right to enter upon such premises for the purpose of making such inspections during normal business hours. Further inspections of the premises may be made after a license has been issued to ensure compliance with laws and ordinances relating to amusement centers.
Except as provided in the New York Correction Law, Article 23-A, no amusement center license shall be issued to any person who has pled guilty to or has been convicted of any felony.
No amusement center license shall be issued for an amusement center located within 400 feet of a public or private, elementary or secondary school.
The owner and operator of any amusement center shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of business and the use and maintenance of the premises.
The owner and operator of any amusement center shall comply with all the notices, orders, decisions and rules and regulations made by the Town of Henrietta governing the occupation and use of said premises.
The owner and operator of any amusement center shall cause the amusement center license to be posted in a conspicuous place on the premises of the amusement center.
The owner and operator of any amusement center shall not at any time permit a greater number of persons on the premises than the capacity approved by the Town of Henrietta and set forth on the amusement license.
The owner and operator of any amusement center shall maintain good order on the premises at all times. The lack of good order on the premises shall include but not be limited to the following, which are prohibited:
Fees for an initial amusement center license issued for less than a full year shall be prorated on a quarterly basis. Payment of the fee shall be due upon application for the license.
Amusement center licenses shall expire on December 31 of each year.
In the event amusement games are owned or operated by someone other than that owner or operator of the amusement center, the owner or operator of an amusement game shall cause his name, business address and telephone number to be affixed to each such game.
No minor under 16 years of age shall be allowed to operate any amusement game in an amusement center after dusk unless such minor is accompanied by a parent, guardian or responsible adult. Such restriction will be posted on a sign in a conspicuous place near the amusement games.
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game in an amusement center. Further, no amusement game shall be permitted to deliver to the player any credit, allowance, check, coins, slugs or metal tokens which may be converted into cash.
No credit, allowance, check, slug, token, ticket(s) or anything of value in excess of $10 per play of an amusement game shall be offered or given to any player of any amusement game in an amusement center as a result of play made thereon. The player of an amusement game may aggregate the prizes from multiple plays of an amusement game for redemption towards a noncash prize. In any event, any such prizes shall not comprise cash.
The licensee of any amusement game in an amusement center shall comply with all provisions of federal, state and local laws and ordinances pertaining to such games.
The Town of Henrietta may promulgate rules and regulations to govern the operation and control of amusement games in amusement centers to provide for the orderly operation of amusement centers and to ensure the public safety and the peace and tranquility of the neighborhood where the centers are located.
The Town of Henrietta may deny or revoke a license or deny the renewal of a license to any applicant who is a convicted felon, who does not comply with the provisions of this chapter or any rules or regulations promulgated under this chapter or who makes a material misrepresentation on the license application. The Town of Henrietta shall give a written notification to an applicant of the reasons for the denial or revocation of a license.
The Town of Henrietta shall have the power to investigate and inquire into licensees and applicants under this chapter and to require and enforce by subpoena the attendance of witnesses at such investigations.
Any person aggrieved by the action of the Fire Marshal/Building Inspector in the denial of an application for a license, as provided in § 20-3, shall have the right to appeal to the Town Board of the Town of Henrietta. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.
Any person who shall act as an amusement center operator, as herein defined, without a license or who shall violate any of the provisions of this chapter or who shall continue to act subsequent to the revocation of his license shall be guilty of an offense and, upon conviction thereof, shall be fined a minimum of $100 up to a maximum fine of $250 or imprisoned for not more than 15 days, or both. Each day's continued violation, after notice of violation from the Town of Henrietta, shall constitute a separate and additional violation.