[HISTORY: Adopted by the Board of Trustees
of the Village of Fishkill as indicated in article histories. Amendments
noted where applicable.]
[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.
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)
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.
[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:
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:
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.
A building or place containing four or more amusement games.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
The Village of Fishkill.
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.
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.
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.
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:
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.
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.
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:
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.
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.
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.
The Village Board may revoke a game room license
for cause after a public hearing.
