Town of Niskayuna, NY Chapter 59 Amusement Games and Game Rooms

[HISTORY: Adopted by the Town Board of the Town of Niskayuna. Sections 59-1 and 59-8C amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Bingo — See Ch. 65.

§ 59-1 Definitions.

As used in this chapter, 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 of skill 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.

ELECTRONIC GAME

See "amusement game."[1]

GAME ROOM

A building or place containing one or more amusement games, including an electronic games center.

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.

TOWN

The Town of Niskayuna.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 59-2 Game room license required.

No person shall maintain or operate a game room in the Town unless it is licensed pursuant to these provisions.

§ 59-3 License application procedures and requirements.

A. An application for a game room license shall be made to the Town Clerk on forms and containing information prescribed by said Town Clerk.

B. Upon receipt of an application for a game room license, the Town Clerk shall refer it to:

(1) The Building Inspector, to determine whether the premises comply with all applicable laws, ordinances, rules and regulations. For that purpose, the Building Inspector and employees of his department shall have the right to enter upon and inspect the premises during normal business hours.

(2) The Chief of Police, to cause an investigation to be made of the background of the owner and the operator of the game room. Except as provided in New York 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 the stock of which has been convicted of any crime.

§ 59-4 Review by Town Board; issuance or denial.

A. After review of the application has been completed, the Town Clerk shall forward it, with his report and recommendations of the Building Inspector and the Chief of Police, to the Town Board for review.

B. After said review, the Town Clerk shall issue a game room license upon payment of the license fee established in § 59-9 below, less the amount of the application fee. The license shall state:

(1) The number of amusement games permitted in the game room.

(2) The maximum number of persons permitted in the game room at any time.

(3) Any other conditions or restrictions imposed by the Town Board.

C. In the event of disapproval, the Town Clerk shall schedule a public hearing for the first Town Board meeting for which 10 days' notice published in the official newspaper can be given. A public hearing shall also be scheduled if approval is with limits or conditions not satisfactory to the applicant.

§ 59-5 Operation of game rooms.

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 Town Board for public gatherings.

D. The owner and operator of any game room and the members, officers, directors and holders of 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 not be limited to the following:

(1) Fighting and rowdy behavior.

(2) Possession or consumption of alcoholic beverages.

(3) Gambling.

(4) Permitting the use of marihuana or any controlled substance, possession of which is prohibited by the New York Penal Law.

F. The owner and operator of any game room shall not permit an amusement game therein 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.

G. The owner and operator of a game room shall not allow it to be open or used unless it is under the control of and supervision by a person at least 18 years of age who shall ensure that it is operated in compliance with these provisions.

H. 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.

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.

§ 59-6 Operation of amusement games.

A. The owner of any amusement game within the Town 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:

(1) Fighting and rowdy behavior.

(2) Possession or consumption of alcoholic beverages, except upon premises licensed for on premises consumption thereof.

(3) Gambling.

(4) Permitting the use of marihuana or any controlled substance, possession of which is prohibited by the New York Penal Law.

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 of and supervision by a person at least 18 years of age, who shall ensure that it is operated in compliance with these provisions.

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.

§ 59-7 Number of machines permitted.

A. For an accessory use, the maximum number of machines permitted is:

Gross Floor Area (square feet)	Number of Machines Permitted
Less than 2,000	2
2,000 to 4,000	3
Greater than 4,000	4

B. For a principal use, the maximum number of machines permitted is one machine for each 30 square feet of gross floor area.

§ 59-8 Number of persons permitted in game room.

A. For an accessory use, the maximum number of persons permitted is three persons per machine.

B. For a principal use, the maximum number of persons permitted is one person for each 15 square feet of gross floor area.

C. Notwithstanding the foregoing, the number of permitted occupants in any case cannot exceed that allowed by the applicable space requirements of the New York State Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 59-9 Licensing fees.

A. An application for a game room license shall be accompanied by a nonrefundable fee of $100.

B. The annual fee for a game room license shall be $100, plus $50 for each machine.

C. The annual fee for renewal of a game room license shall be due and payable by the 15th of January of each year.

§ 59-10 Inspection of premises.

A. The premises of all game rooms in the Town, when open for the transaction of business, shall be subject to inspection by any peace officer acting pursuant to his special duties or police officer.

B. Any other premises in the Town 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 police officer.

§ 59-11 License expiration and renewal.

Game room licenses shall expire annually at the end of the calendar year. Applications for renewal of game room licenses shall be submitted at least 30 days before the expiration of the existing license. Fees for the remainder of 1981 shall be prorated.

§ 59-12 License revocation.

The Town Board may revoke a game room license for cause after a public hearing.

§ 59-13 Penalties for offenses.

A. Any person who violates any of these provisions shall be guilty of an offense punishable by a fine of $50 per day or imprisonment for 15 days, or both.

B. Each day that a violation exists, occurs or continues shall constitute a separate offense.