[HISTORY: Adopted by the Town Board of the Town of Henrietta 6-17-2015 by L.L. No. 3-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult use establishments — See Ch. 6.
Bingo — See Ch. 35.
Games of chance — See Ch. 134.
[1]
Editor's Note: This local law also repealed former Ch.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:
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.
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.
A.
An
application for an amusement center license shall be made to the Town
of Henrietta.
B.
Upon
receipt of an application for an amusement center license and after
approval for Zoning Code compliance by the Building Inspector or designee,
said Building Inspector or designee 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
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.
[Amended 6-26-2019 by L.L. No.
5-2019]
C.
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.
D.
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.
E.
No
amusement center license shall be issued for an amusement center located
within 400 feet of a public or private, elementary or secondary school.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
[Amended 6-26-2019 by L.L. No. 5-2019]
Any person aggrieved by the action of the Building Inspector or designee 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.
