[Amended 4-10-1989; 8-10-1992 by L.L. No. 2-1992]
As used in this chapter, the following terms
shall have the meanings indicated:
MECHANICAL AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, skill ball, mechanical
grab machines, pool tables, video games and all games, operations
or transactions similar thereto under whatever name they may be indicated.
For the purposes of this chapter, mechanical amusement device shall
also include the term "jukebox," which shall mean any music vending
machine, contrivance or device which, upon the insertion of a coin,
slug, token, plate, disc or key into any slot, crevice or other opening
or by the payment of any price, operates or may be operated for the
emission of songs, music or similar amusement.
[Amended 9-2-1969]
Nothing in this chapter shall in any way be
construed to authorize, license or permit any gambling devices whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law or that may be contrary to any
future laws of the state.
[Amended 5-3-1982; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Every person desiring to procure a license,
as provided in this chapter, shall file with the City Clerk/Treasurer
a written application upon a blank form prepared and furnished by
the City. Such application shall contain the names and residences
of the applicant, if an individual, partnership or firm, or the names
and residences of the principal officers, if the applicant is an association
or corporation. Such application shall also describe, in detail, the
character of the business in which the applicant desires to engage.
The application shall also state the following:
A. The length of time such applicant, or manager or person
in charge if the applicant is a firm, partnership, corporation or
association, has resided in the City, his places of previous employment,
whether he is married or single, whether he has been convicted of
a felony or misdemeanor, and if so, what offense, when and in what
court, and the date of birth of the applicant.
B. The premises where such business is to be located
or carried on, giving the street and number.
C. Whether the applicant has either alone or with someone
else ever engaged in the business sought to be licensed.
D. The place where the machine or device is to be displayed
or operated and the business conducted at that place.
[Amended 5-3-1982; 8-11-1986; 4-10-1989]
A. Every applicant before being granted a license shall pay an annual license fee for the privilege of operating or maintaining for operation a mechanical amusement device as defined in this chapter. The annual license fee shall be as provided in Chapter
175, Licenses and Permits, for each number of machines the location is licensed for, plus a fee as provided in Chapter
175, Licenses and Permits, for each additional inspection during any license period.
[Amended 8-10-1992 by L.L. No. 2-1992]
B. Unless renewed prior thereto, each license shall expire
on July 1 of each year.
[Amended 5-3-1982; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer may at any time suspend
or revoke any license granted under the provisions of this chapter
for the following reasons:
A. The City Clerk/Treasurer shall suspend any license
granted under the provisions of this chapter for a period of up to
30 days upon a finding by the City Court or other court of competent
jurisdiction that the licenses has failed to comply with the provisions
of this chapter.
B. The City Clerk/Treasurer shall suspend any license
granted under the provisions of this chapter for a period of up to
60 days upon a finding by the City Court or other court of competent
jurisdiction that the licensee has failed to comply with any of the
provisions of this chapter and such noncompliance is the second such
offense within a one-year period.
C. The City Clerk/Treasurer shall revoke any license
granted under the provisions of this chapter upon a finding by the
City Court or other court of competent jurisdiction that the licensee
has failed to comply with the provisions of this chapter and such
noncompliance constitutes the third such offense within a one-year
period.
D. The City Clerk/Treasurer shall revoke any license
granted under the provisions of this chapter upon a finding that the
licensee has been convicted of a felony or misdemeanor involving moral
turpitude during the period when the license issued pursuant to the
provisions of this chapter was in full force and effect.
[Amended 5-3-1982; 8-10-1992 by L.L. No. 2-1992]
If the Chief of Police shall have reason to
believe any mechanical amusement device is used as a gambling device,
such machine may be seized by the police and impounded, and if upon
trial of the exhibitor for allowing it to be used as a gambling device,
the exhibitor is found guilty, such machine shall be sold or destroyed
by the police.
[Amended 5-3-1982]
This chapter shall not apply to jukeboxes while
the same are used by bona fide recreation centers operated under the
supervision of churches or the school authorities of the City or operated
for the benefit of a church.
[Amended 5-3-1982; 8-10-1992 by L.L. No. 2-1992]
Except as otherwise provided in the Penal Law, any persons violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter
1, General Provisions, Article
I, Penalties.