Village of Fishkill, NY Chapter 41 Amusements

[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Bingo — See Ch. 47.

Cabarets, bars and discotheques — See Ch. 59.

Article I Public Exhibitions, Circuses and Amusement Devices

[Adopted 12-15-1958 by Ord. No. VIII[1]]

[1] Editor's Note: This ordinance was reaffirmed 5-13-1963 by action of the Board of Trustees.

§ 41-1 License required for various types of exhibitions.

No person, corporation or association shall exhibit for gain or profit any show, circus or other exhibition or performance of strength, skill or dexterity, or any caravan, menagerie, merry-go-round, carnival or any exhibition of any kind, or theater or theaterical performance, or any panorama or gift entertainment, or instrumental or vocal concerts or minstrels, and no owner or occupant of any house, building, yard, shed or other place shall furnish or allow the same to be used for the accommodation of any such exhibition or performance, unless such person or corporation purposing to exhibit the same shall first have or obtain a license therefor, approved by the Mayor, specifying the time for and during which the same shall be allowed to be exhibited; except that nothing in this article shall in any way interfere with the holding of any local concert, theatrical or lecture conducted by or in behalf of any church, lodge, fire company or other social organization.

§ 41-2 License required for amusement devices.

[Added 2-13-1984 by L.L. No. 15-1984]

No person shall operate any premises within the corporate boundaries of the Village of Fishkill wherein are located any amusement devices without first obtaining a license from the Village Clerk after approval by the Mayor and Board of Trustees.

§ 41-3 Applications for licenses.

[Added 2-13-1984 by L.L. No. 15-1984]

Applications for licenses shall be made upon forms to be supplied by the Village Clerk for that purpose. Applications shall contain the following information:

A. For all licenses required by this article:

(1) Name and address of the applicant.

(2) Type of person, whether individual, partnership, corporation or other type of legal person.

(3) Age, date and place of birth and citizenship of the applicant and any resident natural agent of the applicant.

(4) If the applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.

(5) If the applicant is a corporation, the names, addresses and citizenship of all officers.

(6) Any prior convictions of the applicant or any resident natural agent of the applicant for violation of any law or ordinance.

(7) A statement that the applicant shall comply with all local, county, state and federal requirements.

B. For licenses to conduct public exhibitions as required by § 41-1 of this article:

(1) Proposed location and duration of the exhibition.

(2) Nature of the exhibition to be presented.

(3) A detailed list of each exhibition, entertainment and/or performance to be located on the proposed location of the event.

(4) The number of pieces of equipment for music and all loudspeaker devices and other devices for the amplification of sound.

§ 41-4 Authority of governing body.

[Added 2-13-1984 by L.L. No. 15-1984]

In granting licenses, the Board of Trustees may approve or disapprove each particular exhibition or amusement device and may also approve or disapprove any lighting system or device emitting or amplifying sound used at any exhibition, as well as impose further conditions, the violation of which shall constitute a violation of this article and shall subject the violator, upon conviction, to the penalties provided for offenses against this article.

§ 41-5 License fees; expiration of licenses; seasonal licenses.

[Amended 2-13-1984 by L.L. No. 15-1984]

A. The following rates for licenses are hereby established, and the Village Treasurer shall collect the same before such license is delivered:

(1) For circuses: $100 for each day's performance or $500 for each week of six days' performance.

(2) For each merry-go-round or similar enterprise: $25 for each week of six days' performance.

(3) For every other kind of public show or entertainment as described in § 41-1: $25 per day.

B. Regular places of amusement, such as theaters, picture shows and the like, may be licensed by the year upon payment of a fee to be determined by the Village Board at the time the application for such license is made. Such annual licenses shall terminate on the first day of September. Licenses may be granted by the Village Board for theaters, picture shows and the like to be conducted in the open air for the summer season only, at a fee to be fixed by the Village Board.

§ 41-6 Insurance requirements; Village to be saved harmless.

[Added 2-13-1984 by L.L. No. 15-1984]

Before any license shall be issued for any exhibition or amusement device hereunder, the applicant may, at the discretion of the Board of Trustees, be required to secure a public liability insurance policy in such principal sum as the Board of Trustees may deem sufficient to protect members of the public, executed by the applicant and conditioned that the Village will be saved harmless for any injury to persons or property because of fault or default by the licensees. Said policy shall be issued by a bonding company authorized to do business in the State of New York, in form approved by the Village Attorney, and filed with the Village Clerk. A bond or certified check shall be required in the amount of $250 for cleanup and the return of property to its previous condition. Such bond or certified check shall be returned upon satisfactory inspection by the Superintendent of Public Works.

§ 41-7 Local nonprofit organizations exempt from license fee.

[Added 2-13-1984 by L.L. No. 15-1984]

Nonprofit organizations of the Village of Fishkill, including organizations of a charitable, religious, educational, veteran or firemanic nature, shall be exempt from the fees for licenses required by this article, but shall be required to secure a license for exhibitions or amusement devices required to be licensed and shall observe all rules of conduct for licensees established herein.

§ 41-8 Additional application information required.

Any person or corporation applying for a license under this article shall, before receiving the same, make an application in writing setting forth the kind of show or performance intended to be presented and the time and place for presenting the same.

§ 41-9 Grant of licenses; report.

The Mayor shall furnish such licenses as have been approved hereunder and shall report at the next regular meeting of the Village Board thereafter the number and kind of licenses granted.

§ 41-10 Penalties for offenses.

[Amended 2-13-1984 by L.L. No. 15-1984]

Any violation of this article shall, upon conviction, be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.

Article II Game Rooms

[Adopted 2-13-1984 by L.L. No. 14-1984]

§ 41-11 Definitions.

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

AMUSEMENT GAME

Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game 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 jukebox, rides, bowling alleys, any device maintained within a residence for the use of the occupants thereof and their guests or any device the possession or use of which is prohibited by law.

GAME ROOM

A building or place containing four or more amusement games.

OWNER

A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.

PERSON

One or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver or assignee.

VILLAGE

The Village of Fishkill.

§ 41-12 License required; classes established.

No person shall maintain or operate a game room in the Village unless it is licensed under this article. Licenses shall be issued according to the class of the premises where the game room is located.

A. Class 1 premises are those where the game room is accessory to a hotel or motel having at least 50 guest rooms; a bowling alley having at least 15 alleys; an amusement park; or a restaurant serving over 50 patrons on the premises.

B. Class 2 premises are those where the game room is a principal business enterprise.

§ 41-13 Applications for licenses; location and other restrictions.

A. An application for a game room license shall be made to the Village Clerk on forms and containing information prescribed by him/her.

B. Upon receipt of an application for a game room license, the Village Clerk shall refer it to:

(1) The Code Enforcement Officer to determine whether the premises comply with all applicable laws, ordinances, rules and regulations. For that purpose the Code Enforcement Officer shall have the right to enter upon and inspect the premises during normal business hours.

[Amended 5-24-2010 by L.L. No. 6-2010]

(2) The Chief Police Administrator, who shall cause an investigation to be made of the background of the owner and the operator of the proposed game room.

C. Game room locations.

(1) Class 1 licenses may be issued for premises classified either as planned shopping center or general business under the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 171, Zoning.

(2) Class 2 licenses may be issued for premises classified under the Zoning Ordinance as planned shopping center or general business.

D. Game rooms on Class 2 premises are not permitted within rooms or space licensed for on-premises consumption of alcoholic beverages.

E. Except as provided in the New York State Correction Law, Article 23-A, no game room license shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, a member, officer, director or holder of 10% or more of the stock of which has been convicted of any crime.

§ 41-14 Review and approval of application; issuance of license; hearing upon denial.

A. After review of the application has been completed, the Village Clerk shall forward it, with his/her report and recommendations of the Code Enforcement Officer and Chief Police Administrator, if any, to the Village Board for its review and approval.

[Amended 5-24-2010 by L.L. No. 6-2010]

B. In approving a license, the Village Board may establish conditions to promote and protect the health, safety and general welfare of the Village and its inhabitants.

C. After approval by the Village Board, the Village Clerk shall issue a game room license upon payment of the license fee established, less the amount of the application fee. The license shall state:

(1) The number of amusement games permitted in the game room.

(2) The maximum number of persons permitted in the game room at any time.

(3) Any other conditions or restrictions imposed by the Village Board.

(4) The class thereof according to the premises licensed.

D. Upon receipt by the applicant, the Village Clerk shall schedule a hearing for the first Village Board meeting for which five days' notice published in the official newspaper can be given if the Village Board denies the application or approves it with limits or conditions not satisfactory to the applicant.

§ 41-15 Ownership and operation of game rooms.

A. The owner and operator of any game room shall comply with all provisions of law, ordinance, rule or regulation relating to the conduct of business and the use and maintenance of the premises.

B. The owner and operator of any game room shall cause the game room license to be posted at all times in a conspicuous place on the premises.

C. The owner and operator of any game room shall not permit a greater number of persons on the premises at any time than the capacity approved by the Village Board as set forth in the license.

D. The owner and operator of any game room, and the members, officers, directors and holders of 10% or more of the stock of any corporation, partnership or association owning or operating a game room, shall be of good moral character.

E. The owner and operator of any game room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room shall include but shall not be limited to the following:

(1) Fighting and rowdy behavior.

(2) Possession or consumption of alcoholic beverages, except within Class 1 premises licensed by the state for on-premises consumption of those beverages.

(3) Gambling.

(4) Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New York State Penal Law.

F. The owner or operator of any 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 this article.

G. The owner and operator of a game room containing more than 30 amusement games shall provide additional supervisory personnel, all of whom shall be at least 18 years of age, adequate to assure orderly operation of the game room at all times.

H. The owner and operator of a game room on Class 2 premises shall not allow it to be open or the amusement games therein played on any day between the hours of 2:00 a.m. and 8:00 a.m.

I. The owner and operator of a game room shall not allow more amusement games than the number permitted in the license to be located therein at any time.

§ 41-16 Ownership and operation of amusement games.

A. The owner of any amusement game within the Village shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and relating to the conduct of the business in connection with which the game is used and the use and maintenance of the premises where it is located.

B. The owner of the game 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:

(1) Fighting and rowdy behavior.

(2) Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises consumption thereof.

(3) Gambling.

(4) Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New York State Penal Law.

C. The owner of an amusement game shall not permit it to be played or operated after 10:00 p.m. by a person under the age of 16 unless accompanied by and under the supervision of a parent or other guardian over the age of 21.

D. The owner of an amusement game shall not allow it to be available for use 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 this article.

E. No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game; and no such game shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.

F. No credit, allowance, check, slug, token or anything of value shall be offered or given to any player of any amusement game as a result of plays made thereon.

§ 41-17 License fees.

A. An application for a game room license shall be accompanied by a nonrefundable fee of $200.

B. The annual fee for a game room license shall be $500 plus $75 for each machine over five.

C. The fees fixed herein may be modified from time to time by resolution of the Village Board.

§ 41-18 Inspection of premises.

A. The premises of all game rooms in the Village, when open for the transaction of business, shall be subject to inspection by any peace officer acting pursuant to his special duties or by any police officer.

B. Any other premises in the Village containing amusement games, when open for the transaction of business, shall be subject to inspection by any peace officer acting pursuant to his special duties or by any police officer.

§ 41-19 Expiration of licenses; renewals; conversion of other licenses.

A. Game room licenses shall expire one year from the date of issuance. Applications for renewal of game room licenses shall be submitted at least 30 days before the expiration of the existing license.

B. All permits or licenses for game rooms issued under the provisions of the Amusement Ordinance [1] shall, irrespective of the provisions of § 41-13C, be convertible to game room licenses under this article for the remainder of 1983 upon application as herein provided and payment as of the effective date of this article of the license fees, less the permit or license fee previously paid prorated for the balance of the year. Amusement Ordinance licenses or permits may be converted to licenses under this article within 30 days following its effective date. All licenses or permits issued under the Amusement Ordinance not converted to licenses under this article are revoked. Holders of permits or licenses under the Amusement Ordinance not converted are entitled to a prorated refund of fees previously paid.

[1] Editor's Note: See Art. I of this chapter.

§ 41-20 Revocation of license; hearing.

The Village Board may revoke a game room license for cause after a public hearing.

§ 41-21 Penalties for offenses.

A. Any person who violates any provision of this article shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for not exceeding 15 days, or both.

B. Each day that a violation exists, occurs or continues shall constitute a separate offense.