[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962 as Ch. 17 of the 1962 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 65.
Bingo — See Ch. 112.
Electrical standards — See Ch. 131.
Games of chance — See Ch. 155.
Licenses and permits — See Ch. 175.
Minors — See Ch. 185.
Peace and good order — See Ch. 198.
Zoning — See Ch. 300.
[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.
A. 
Any person displaying for public patronage or keeping for operation any jukebox or mechanical amusement device as defined by this chapter shall be required to obtain a license from the City upon payment of a license fee.
B. 
Application for such license shall be made to the City Clerk/Treasurer upon a form to be supplied by the City Clerk/Treasurer for that purpose. Application for license shall be made out in duplicate, one copy being referred to the Police Department and the other copy to the Fire Department.
[Amended 2-24-2003; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C. 
Each license hereunder shall approve the location or premises upon which the device is sought to be placed, not the device itself, and each license shall specifically state the number of devices allowed at each location based upon the inspection required in § 97-5 of this chapter.
[Added 4-10-1989]
[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.[1]
[1]
Editor's Note: Former § 17.4(e), which immediately followed this subsection and required a description of the machine as part of the application, was deleted 4-10-1989.
[Amended 5-3-1982]
A. 
The Chief of Police shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant has been convicted of a felony or misdemeanor involving moral turpitude and either approve or disapprove the application.
B. 
The Fire Department shall inspect all wiring and connections to the machine and determine if the same comply with the Electrical Code of the City[1] and shall either approve or disapprove the application.
[Amended 2-24-2003]
[1]
Editor's Note: See Ch. 131, Electrical Standards.
C. 
Each inspection hereunder shall also determine the number of devices for which the location can safely be licensed.
[Added 4-10-1989]
D. 
No license shall be issued to any applicant unless approved by the Chief of Police/Director of Public Safety and the Deputy Chief of the Fire Department.
[Amended 2-24-2003]
[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 4-10-1989]
A. 
The licenses provided for by this chapter shall be posted permanently and conspicuously in a front window of each premises wherein the device or devices are to be operated or maintained and, if there is no such window, in some other prominent or conspicuous place inside the licensed premises.
B. 
Each licensee shall provide the Jamestown City Clerk/Treasurer with a written statement giving the description and serial number of each mechanical amusement device operated or maintained on the licensed premises. It shall be the responsibility of the licensee to keep said written statement current as such mechanical amusement devices are replaced or removed from the licensed premises and to so notify the Jamestown City Clerk/Treasurer on the next business day following such occurrence.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C. 
If the licensee shall move his place of business to another location within the City, the license herein authorized shall become void. A license issued pursuant to the provisions of this chapter shall not be transferable from one person to another.
[Amended 5-3-1982]
A. 
Upon the filing of the application and information as provided by this chapter, the City Clerk/Treasurer may, upon approval of such application by the Chief of Police/Director of Public Safety and the Deputy Fire Chief as hereinbefore provided and payment to the City of the license fee provided, issue to the applicant a license to engage in the business as is required by § 97-3. No license shall be refused except for reasons that the applicant has previously been convicted of a felony or misdemeanor involving moral turpitude or by reason that the location from which the business would be operated would, if operated, constitute a violation of the provisions of Chapter 300, Zoning, of the Code of the City of Jamestown or by reason of the fact that an applicant has previously has such license suspended or revoked.
[Amended 2-24-2003; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in and carry on the business, the kind of business, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can establish that the reason for such rejection no longer exists.
C. 
All licenses shall clearly state the number of machines licensed for each location.
[Added 4-10-1989]
[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]
A. 
No licensee or his, her or its clerk, agent or employee shall permit any person under the age of 16 years to operate a mechanical amusement device or loiter in or about the premises wherein a mechanical amusement device is located between the hours of 8:30 a.m. and 3:15 p.m. on days when the public schools of the City of Jamestown are in session, unless such person is accompanied by a parent or lawful guardian. For purposes of determining the days when the public schools of the City of Jamestown are in session, the adopted Jamestown public school calendar for each school year shall be controlling.
B. 
No licensee or his, her or its clerk, agent or employee shall permit any mechanical amusement device to be operated by any person under the age of 16 years of age or permit any such person to loiter in or about the premises wherein a mechanical amusement device is located between the hours of 10:00 p.m. and 6:00 a.m., unless such person is accompanied by a parent or lawful guardian.
C. 
No licensee or his, her or its clerk, agent or employee shall permit more persons inside his place of business than is authorized by the Jamestown Fire Department acting pursuant to applicable provisions of the National Fire Protection Association Code.
D. 
Each licensee shall cause to be posted in a conspicuous place in or about the premises wherein a mechanical amusement device is located a sign with lettering no less than two inches in height and no less than one inch in width per each character or letter, which sign shall state the following:
NOTICE
Chapter 97 of the Jamestown City Code prohibits any person under the age of 16 years to operate a mechanical amusement device or loiter in and about these premises between the hours of 8:30 a.m. and 3:15 p.m. on days when the public schools of the City of Jamestown are in session and every day between the hours of 10:00 p.m. and 6:00 a.m., unless such person is accompanied by a parent or lawful guardian.
[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.