[Adopted 12-15-1958 by Ord. No. VIII]
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.
[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.
[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)Â Name and address of the applicant.
(2)Â Type of person, whether individual, partnership, corporation
or other type of legal person.
(3)Â Age, date and place of birth and citizenship of the
applicant and any resident natural agent of the applicant.
(4)Â If the applicant is a partnership, the names, addresses
and citizenship of all persons having an interest in the business.
(5)Â If the applicant is a corporation, the names, addresses
and citizenship of all officers.
(6)Â Any prior convictions of the applicant or any resident
natural agent of the applicant for violation of any law or ordinance.
(7)Â 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 §Â
41-1 of this article:
(1)Â Proposed location and duration of the exhibition.
(2)Â Nature of the exhibition to be presented.
(3)Â A detailed list of each exhibition, entertainment
and/or performance to be located on the proposed location of the event.
(4)Â The number of pieces of equipment for music and all
loudspeaker devices and other devices for the amplification of sound.
[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.
[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)Â For circuses: $100 for each day's performance or $500
for each week of six days' performance.
(2)Â 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 §Â
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.
[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.
[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.
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.
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.
[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.
[Adopted 2-13-1984 by L.L. No. 14-1984]
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.
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.
The Village Board may revoke a game room license
for cause after a public hearing.