[HISTORY: Adopted by the Common Council of the City of Cohoes as indicated in article histories. Amendments noted where applicable.]
Article I (Reserved)
Article II Game Rooms
Editor's Note: Former Art. I, Carnivals, adopted 7-6-1938 by Ord. No. 209, as amended, was repealed 1-24-2006 by Ord. No. 2-2006.
[Adopted 1-12-1993 by Ord. No. 6-1993]
No person, firm, association or corporation shall, within the limits of the City of Cohoes, keep or maintain any public game room, billiard room, poolroom or any room in which games of billiards, pool, pinball or electronic games of any sort are carried on for the playing of which any compensation, direct or indirect, shall be demanded without first having procured a license thereof.
No person shall permit any room or building owned or controlled by him to be used for the purpose of a public billiard room, poolroom or game room unless the same shall be licensed as herein provided.
No license permitting the operation of such rooms shall be issued by the City of Cohoes without the approval of the Chief of Police or Commissioner of Public Safety or their designees and the payment by the applicant of the fee fixed by this article.
No license shall be issued to any person under the age of 21 years nor to any person who has been convicted of a felony nor to any firm or copartnership of which any member has been so convicted of a felony nor to any person who is not a citizen of the United States or who has not filed his declaration to become a citizen thereof nor to any firm or copartnership of which any member is not a citizen of the United States or who has not filed his declaration of intention to become a citizen thereof nor to any person who, having been previously licensed to conduct a billiard room, poolroom or game room, shall have had said license revoked during the year immediately preceding the time of making an application as herein mentioned nor to any firm or copartnership any member of which, having been licensed to conduct a billiard room, poolroom or game room, shall have had said license revoked during the year immediately preceding the time of making the application therefor nor to any corporation, which, having been previously licensed to conduct a billiard room, poolroom or game room, shall have had said license revoked during the year immediately preceding the time of making the application.
All licenses shall expire on the 30th day of May succeeding the issuing thereof.
The license fees shall be $500 a year. Fees shall not be prorated. For each table or game in such rooms, an additional fee of $100 shall be paid at the time of paying the licensing fee.
No person, firm or corporation licensed as prescribed in this article shall permit or suffer any gambling to be carried on in the licensed premises nor knowingly employ in carrying on said business any person who has been convicted of a felony.
Editor's Note: Former Section 8, which prohibited the sale any habit-forming drug or any appliances for administering the same, which immediately followed this section, was deleted 12-10-1996 by L.L. No. 4-1996.
No person, firm or corporation licensed as prescribed in this article shall permit or suffer any child actually or apparently under the age of 16 to play billiards, pool or games on the licensed premises or to be upon or remain in said premises unless accompanied by the parent or guardian of such child.
No person, firm or corporation licensed as provided in this article shall permit of suffer any room wherein a game of billiards or pool is played or is to be played, to be or remain open between 8:00 p.m. and 10:00 a.m. on any weekday nor at any hour on Sunday, except that any premises where the game of billiards or pool is to be played may remain open after 2:00 p.m. on the first day of the week.
Where there is a window or windows in any room or place where billiards or pool or games are being played or is to be played, at least the lower 1/3 part of such window or windows shall be of clear glass and shall not be screened or curtained at any time of the day or the night nor shall there be any article or thing in the rear of such window or windows so as to prevent a full, clear and unobstructed view at such room or place.
There shall be no enclosed box or stall or private room, and no partitions forming such boxes or stalls or private rooms shall be permitted.
There shall be no interior billiard rooms or poolrooms or game rooms that do not have a principal door or entrance, and such door or other doors entering such rooms or places shall have therein a section of clear glass sufficient to afford a clear view of such rooms or places from the outside.
None of these provisions, however, shall be construed to prevent the maintenance of washrooms or toilet rooms for proper purposes or the maintenance of closets for storing purposes exclusively.
[Amended 4-22-1997 by Ord. No. 25-1997]
The provisions of this article shall not apply to any club or organization formed in good faith, the privilege of which shall be enjoyed only by the members thereof who pay for such privileges a stated membership fee, except that such club or organization shall first obtain a permit, to be issued in the discretion of the Chief of Police or Commissioner of Public Safety or their designees before it may maintain a room or rooms in which games, pool or billiards is played.
No license or licensee fee shall be required of any person, firm, association or corporation which maintains tables or games which aggregate three or fewer in number where the primary source of revenue is from another activity on the premises . When the number of tables or games is three or fewer in the aggregate, a fee only of $100 for each game or table shall be paid.
[Amended 12-10-1996 by L.L. No. 4-1996]
Any violation of the provisions of this article shall be punishable by a fine of not more than $250 and imprisonment for not more than 15 days, or both, for the first or the second offense; third offense and subsequent offenses shall be deemed misdemeanors. In addition, the license to operate such rooms shall automatically be revoked upon entry of a plea or conviction of violation of this article.
Editor's Note: Misdemeanors shall be punishable as provided in § C3-14.