[HISTORY: Adopted by the Board of Trustees of the Village of East
Hampton 8-19-1983 by L.L. No. 4-1983 (Ch.
3 of the 1971 Code). Amendments noted where applicable.]
A short title of this chapter shall be "Amusements and Amusement Businesses."
The Board of Trustees of the Village of East Hampton finds that the
business of operation of amusement devices such as pinball machines and similar
devices and machines creates noise and litter and generally disturbs the public
and is detrimental to the public health, safety and welfare of the residents
of the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
Any establishment, place or premises in or at which four or more
devices are placed or kept for use or play or on exhibition for the purpose
of use or play.
Any amusement machine or device operated by means of the insertion
of a coin, token or similar object for the purpose of amusement or skill and
for the playing of which a fee is charged. Also included within this definition
are coin-operated mechanical or electronic musical devices which are commonly
referred to as "jukeboxes."
Any person, firm, corporation, partnership or association or other
entity, who sets up for operation by another any device as herein defined,
whether such setting up for operating, leasing or distributing is for a fixed
charge or retail or on the basis of a division of the income derived from
such device or otherwise.
Any person, firm, corporation, partnership, association or club,
who, as the owner, lessee, agent or proprietor, has under his or its control
any establishment, place or premises in or at which devices are placed or
kept for use or play or on exhibition for the purpose of use or play.
[Amended 4-20-1992 by L.L.
No. 3-1992]
The Board of Appeals, pursuant to the authority vested in it under § 278-7D(1)(f), upon application after
due notice and public hearing, may issue special permits for amusement centers.
Before passing upon any application hereunder, the Board of Appeals shall
determine that the safety, health, welfare, comfort, convenience or order
of the Village will not be adversely affected by the proposed use and its
location.
A.Â
In making such determination, the Board of Appeals shall
give consideration, among other things, to the following factors:
(1)Â
Compatibility with preexisting uses.
(2)Â
The character of the existing, and probable development
of, uses in the district and the peculiar suitability of such district for
the location of any of such permissive uses.
(3)Â
The conservation of property values and the encouragement
of the most appropriate uses of land.
(4)Â
The effect that the location of the proposed use may
have upon the creation of undue increase of vehicular traffic congestion on
public streets or highways.
(5)Â
Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonable anticipated operation and expansion
thereof.
(6)Â
Whether the use to be operated is near to a school, theater,
recreational area or other place of public assembly.
No person, firm or corporation or other entity shall engage in the business
of distributor or proprietor of more than three coin-operated amusement devices,
as the terms are herein defined, in any one establishment, place or premises,
unless a special permit has been issued for said premises by the Board of
Appeals.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not to exceed $250 or by imprisonment for a
term not to exceed 15 days, or both.
