[HISTORY: Adopted by the City Council of the City of Ogdensburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1975 as
Ch. 19, Art. II, of the 1975 Ogdensburg Municipal Code]
As used in this article, the following words shall have the
following respective meanings:
Includes any mechanical device used or designated to be operated
for amusement by the insertion of a coin.
Includes any board, surface, floor, table or structure on
which a game is played by pushing or moving pieces or articles to
reach certain marks or areas.
The definitions as hereinabove stated shall not be deemed to
include any device, the possession or use of which is otherwise prohibited
by law, and nothing in this article shall be construed to authorize,
license or permit any gambling device or any mechanism which is otherwise
prohibited by law.
No person shall place or deliver for use any shuffleboard or
any coin-operated amusement device on any premises in the City or
permit the use thereof in any place under his control without a license
so to do, said license having been first obtained from the City Clerk
as hereinafter set forth.
The owner, conditional vendee or lessee of any such shuffleboard
or coin-operated amusement device or their duly authorized agent,
who desires to distribute or place any such shuffleboard or coin-operated
amusement device for use, shall make application to the City Clerk
for such permission upon blanks to be furnished by the City Clerk
giving the name and address of the applicant, date and place of birth,
a detailed description of the mechanical or other features of the
device, the name and address of the person having charge of the premises
upon which the device is proposed to be located for use, and the location
of said premises by street and number.
Said application shall be referred by the City Clerk to the
Chief of Police for his investigation and recommendation. The Chief
of Police shall return the application within a reasonable time to
the City Clerk with his recommendation as to approval or disapproval.
The City Clerk, upon receipt of such application approved by
the Chief of Police, may issue a license to the applicant to place
and permit the use upon the premises designated in the application
of the shuffleboard or coin-operated amusement device as placed, and
a suitable card bearing a number and expiration date shall be obtained
from the City Clerk and securely attached to the licensed article.
Any such license and card may be transferred from one shuffleboard
or coin-operated amusement device to another similar juke box, shuffleboard
or device at the same premises. Not more than one such shuffleboard
or coin-operated amusement device shall be operated under one license
and card. All licenses and cards shall be restricted in use to the
premises designated in the application for such licensee.
[Amended 3-22-1976 by Ord. No. 5-1976; 9-10-1979 by Ord. No. 10-1979; 5-14-1984 by Ord. No. 4-1984]
The City Clerk shall not issue any license hereunder for any
shuffleboard or coin-operated device until the appropriate fee for
each device is paid. The fee for each shuffleboard or coin-operated
device shall be $25 per annum. The fee for such licenses granted after
June 30 of each year shall be 1/2 of the annual fee. No fee shall
be charged for juke boxes.
Every license and card issued under this article shall expire
on December 31 following date of issue. Licenses may be renewed during
the month of December of each year for the following calendar year.
A.
Every license and card issued under this article is subject to the
right, which is hereby expressly reserved, to revoke the same should
the licensee, directly or indirectly, permit the operation of any
shuffleboard or coin-operated amusement device contrary to the provisions
of this article, any other provisions of this Code, or rule or regulation
of the City or the laws of the State of New York.
B.
The City Manager may revoke a license issued under this article for cause as stated in Subsection A herein. Prior to revoking a license, however, the City Manager shall:
(1)
Give or cause notice in writing to be served on the licensee specifying
the violation or violations with which the licensee is charged and
a time, date and place at which a hearing will be held, which hearing
shall be at least 10 days after the date of service of the notice.
(2)
Hold the hearing as specified in the notice. The licensee may be
represented by counsel. Failure of the licensee to appear at the hearing
shall be sufficient grounds to revoke the license.
(3)
After the hearing, make his determination in writing and cause a
copy of the same to be served on the licensee and if he has appeared
by an attorney, a copy of the same shall also be served on the attorney.
[Adopted 5-14-1984 by Ord. No. 4-1984 (Ch. 19, Art. IV, of the 1975 Ogdensburg
Municipal Code)]
This article shall be known and may be cited as the "Licensing
of Coin-Operated Amusement Devices Law of the City of Ogdensburg,
New York."
A.
It is hereby declared as the policy of the City of Ogdensburg that
it is necessary to regulate and control the operation of coin-operated
amusement devices for the purpose of fostering and promoting the public
order, including but not limited to the public interests hereinafter
set forth.
B.
The City Council has been made aware of crowd congestion in and near
establishments which have as their principal source of business the
playing of coin-operated amusement devices, including electronic and
computerized game machines, and the City Council hereby determines
that such crowded conditions tend to threaten the orderly conduct
of business in such establishments as well as in other nearby businesses.
Such crowded and noisy conditions also disturb persons passing by
on the sidewalks, as well as adjacent and nearby residences.
C.
Further, the City Council determines that, because of the number
of persons who frequent establishments which have as their principal
source of business the playing of such amusement devices, it is in
the interest of the public good to determine whether premises containing
game rooms comply with all fire, health, sanitary and building codes
and other applicable state and local laws and to adopt rules and regulations
governing the occupancy and use of such game rooms. The City Council
further determines that a particularly large segment of those playing
the machines are teenagers, some of whom patronize such establishments
during school hours rather than attend required school classes and
thereby undermine their health and welfare as well as place an unnecessary
financial and social cost on the taxpayers of the City of Ogdensburg.
D.
The City Council thus declares that the above-stated policy will
best be carried out by establishing the licensing procedure set forth
in this article and that such licensing procedure is necessary and
will enhance the public's health, safety and order by reasonably
providing safeguards for the community in the conduct of such businesses.
It is further determined that the hereinafter imposed license fee
is reasonably related to the City's cost of implementing and
enforcing the license requirements. The City Council determines that
the concerns set forth above are increased as the number of devices
in a location is increased. The City Council further determines that
the concerns addressed by this legislation are likely to be magnified
and increased as the number of amusement devices is increased in a
particular location.
As used in this article, the following terms shall have the
meanings indicated:
Any mechanical, electrical 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,
amusement rides, bowling lanes, any device maintained within a private
residence for use of the occupants thereof and their guests or pool
tables.
A room or place on any premises containing four or more amusement
games.
Any room, building or place to which the general public has
access or to which individuals have access with the permission of
the person in control thereof.
Any person, firm, corporation, partnership, association or
club, having under his, her or its control any establishment, place
or premises in or at which four or more amusement devices are placed
for use or play or on exhibition for the purpose of use or play.
No person or proprietor shall place or permit to be placed,
installed, operated or maintained four or more amusement devices without
having first obtained a license therefor pursuant to this article.
Any person desiring to procure a license so as to operate a
game room or so as to cause to be placed on certain premises four
or more amusement devices shall file with the City Clerk an application,
in duplicate and in writing on a form to be furnished by the City
Clerk, together with the required application fee. Said application
shall contain the following information:
A.
The name, address, social security number and telephone number of
the applicant, and, if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security
numbers and telephone numbers.
B.
The address of the premises where the amusement devices are to be
operated, together with the character of the business carried on at
such place.
C.
The name, address and social security number of the registered agent
of the applicant upon whom service of process is authorized to be
made.
D.
The name, address, social security number and telephone number of
the manager, if any, of the applicant who shall be in charge of the
applicant's business in the City of Ogdensburg.
E.
With respect to each person whose name appears on the application:
(1)
Any conviction in any jurisdiction of any offense which under the
laws of the State of New York is designated a felony, misdemeanor
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
and penalty imposed.
(2)
Each such person shall voluntarily submit to the taking of his or
her fingerprints so that a proper investigation can be expedited.
F.
The trade name and general description of the device or devices to
be licensed, the name of the manufacturer and the serial number of
each such device.
G.
The application shall contain a certification under oath, made by
the applicant, that the information contained in the application is
complete, accurate and truthful to the best of his or her knowledge
and belief.
H.
A diagram and description of the size and location of said premises
and parking facilities.
I.
Such further information as the City Clerk shall require in order
to more fully explain any of the above subsections.
A.
Within three days from the receipt of an application for a license,
the City Clerk shall refer said application to:
[Amended 10-22-2007 by Ord. No. 10-2007]
(1)
The Director of Planning and Development, to determine whether the
premises comply with all applicable laws, local laws, rules and regulations.
For that purpose, the Director of Planning and Development shall have
the right to enter upon and inspect the premises during normal business
hours.
(2)
The Code Enforcement Officer or Building Inspector, to determine
whether the premises in which the game room is to be situated meets
all requirements of fire, housing, building, sanitary, electrical
and plumbing codes of the City and any other applicable City or state
laws, rules and regulations, ordinances or local laws.
(3)
The Code Enforcement Officer or Building Inspector, to determine
whether any construction, reconstruction, alteration or remodeling
of a premises is being accomplished or is anticipated so as to require
a building permit.
(4)
The Police Chief of the City of Ogdensburg, to cause an investigation
to be made of the background of the applicant.
B.
Each of the above officers shall issue his or her report to the City
Clerk within 10 days of referral.
If after a result of the investigation of the appropriate City
officials it is found by the City Clerk that the character and business
responsibility of the applicant is satisfactory and that the premises
to be licensed meet all requirements of fire, building, sanitary,
zoning and other applicable local and state codes, the City Clerk
shall endorse on the application his/her approval and execute a license
for the carrying on of the business as applied for. The City Clerk,
upon payment of the fees prescribed in this article, shall issue and
deliver to the applicant such license or licenses.
A.
If, as the result of the investigation of City officials, the applicant's
character or business responsibility is found to be unsatisfactory,
the City Clerk shall endorse on such application his or her disapproval
and his or her reasons for the same, and shall notify the applicant
that his or her application is disapproved and that no license will
be issued.
B.
The applicant may appeal to the City Manager from the determination
of the City Clerk by the filing with the City Manager a written notice
of appeal within 30 days from the date of the denial of the City Clerk.
The City Manager shall, on notice to City officials, the applicant
and the public, conduct a hearing on the appeal, and his or her written
decision shall constitute final City action on the appeal.
The licenses issued by the City Clerk under this article shall
be numbered in the order issued and shall state clearly and legibly
thereon the date of issuance, date of expiration, the signature of
the City Clerk, the name and address of the licensee, the number of
amusement devices permitted on the premises or in the game room, the
maximum number of persons permitted in the amusement center at any
time, any other conditions or restrictions imposed and the amount
of the fee.
Every licensee under this article shall immediately publicly
display such license and keep the same in the place of business plainly
visible to the public at all times while the license remains in force.
A.
Destruction. No person shall deface, mutilate, destroy or in any
way alter such license.
B.
Replacement of lost or destroyed license. Whenever a license under
this article shall be lost, destroyed, defaced or mutilated beyond
legibility, without fault on the part of the licensee, his agents
or employees, a duplicate in lieu thereof under the original application
may be issued by the City Clerk.
No license issued under the provisions of this article shall
be issued at any time by any person other than the one to whom it
was issued. No license may be assigned or transferred.
If it shall appear at any time that the application is in any
material respect false or misleading or that the proprietor of the
operation of the device is in violation of any provision of this section
or any other law of the State of New York or local laws or ordinances
relating to the premises or activities being conducted therein, the
City Clerk may, after notice and informal hearing, revoke said license.
The licensee may appeal to the City Manager from the determination
by the City Clerk by filing with the City Manager a written notice
of appeal within 30 days of the City Clerk's revocation. The
City Manager shall conduct an informal hearing on the appeal and his
or her written decision shall constitute final City action on the
appeal.
A.
No person or proprietor of any premises in which is contained a game
room shall permit a greater number of persons on the premises at any
time than the capacity set forth in the license.
B.
The proprietor of any game room and the members, officers, directors
and holders of the stock of any privately held corporation, partnership
or association owning or operating an amusement center shall be of
good moral character.
C.
The proprietor of any game room shall maintain good order on and
about the premises at all times. The lack of good order on and about
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, 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 Penal Law.
D.
The owner or operator of any amusement center 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 guardian over the age of 21.
E.
The owner or operator of an amusement center 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 this article.
F.
All premises containing a game room must contain a suitable and clean
rest room.
G.
No game room may have more than one machine per 18 square feet of
open floor space.
H.
Youths under the age of 16 shall not be allowed in the amusement
center before 2:00 p.m. on school days.
I.
No cash rewards shall be offered or given in any contest, tournament,
league or individual play on any amusement device, and no such device
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.
J.
No credit, allowance, check, slug, token or anything of value shall
be offered or given to any player of any amusement device as a result
of plays made thereon.
K.
Every person who maintains, operates or conducts an amusement center
shall comply with all applicable sections of the Code of the City
of Ogdensburg.
L.
The premises shall provide clear windows through which activities
in the premises may be viewed from a point outside the premises accessible
to the public and sufficient to view such activities.
M.
No amusement device shall be moved from one location to another within
the City without written permission from the City Clerk.
A.
Investigation and application. At the time of filing an application
for an amusement center license pursuant to this article, a fee of
$50 shall be paid to defray the cost of the investigation required.
This fee shall be nonrefundable.
B.
License for game room. The fees for a license to operate a game shall
be $25 per license year per machine maintained on the premises containing
a game room. There shall be no proration of fees.
C.
Renewal. The license year shall be from January 1 to December 31
of each year and all licenses issued for amusement devices within
game rooms shall expire on the 31st day of December of each year.
The license may be renewed on certification to the City Clerk and
on inspection by the Building Inspector that there has been no change
of circumstances since the issuance of the original license.
If any person shall have on premises under his control four
or more amusement devices on the effective date of this article, the
person shall apply for a license required by this article within 30
days after such effective date. The utilization of the amusement devices
by such person shall be permissible without a license pending a final
determination by City officials on the application in accordance with
the procedure prescribed in this article.
Any person who shall violate any provision of this article shall,
upon conviction, be subject to a fine of not more than $250 for each
such violation. Each day that a violation of this article shall continue
constitutes a separate violation hereof.
This Article shall apply only to those persons who maintain premises containing or housing a game room. It shall not be deemed to effect, in any manner, the existing provisions of Article I of this chapter, as amended, as they apply to the ownership and operation of fewer than four amusement devices or as they apply to the maintenance of premises other than a game room, notwithstanding the provision of Article I of this chapter, this article shall be the only Article by which licensing or fees may be required or collected by reason of any operation of a game room. No additional fees will be collected by reason of the provisions of Article I of this chapter.
