Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 3.
Amusements — See Ch. 4.
Games of chance — See Ch. 34.
Noise control — See Ch. 50.
Licensing — See Ch. 54.
Zoning — See Ch. 85.

§ 34A-1 Intent.

The Town of Brookhaven recognizes that use and ownership of amusement devices must be adequately controlled to prevent public disorder, nuisance, traffic congestion, pedestrian hazards, loitering and acts detrimental to the health, safety and welfare of the residents of the town and, in particular, to protect adolescents in the town from abuses associated with uncontrolled use of amusement devices.

§ 34A-2 Definitions.

For the purpose of this chapter, the following definitions shall apply:
ACCESSORY GAME ROOM
Any premises in which no more than three amusement devices are located.
AMUSEMENT DEVICE
Includes but shall not be limited to any machine or device operated for the purpose of amusement or a test of skill and for operation of which a fee is charged, whether the fee is paid by the insertion of a coin, token or similar object or by payment to a person who has control over the operation of the machine. Amusement devices shall include but not be limited to devices commonly known as "pinball machines" and "video amusement games." Excluded from this definition are jukeboxes or other devices or machinery designed to reproduce the sound of music only, pool tables, foosball games, hockey games, bowling games and juvenile rides.
GAME ROOM
Any premises in which four or more amusement devices are located.
PERSON
Includes one or more than one individual, partnership, company, corporation, association, society or other legal entity and any officer, agent, servant or employee of the foregoing having supervision of the premises hereinafter mentioned.
PLACED IN OPERATION
An amusement device shall be deemed "placed in operation" if it is connected to an electrical source or capable of being operated or turned on by inserting of a coin, token or similar object.

§ 34A-3 Applicability.

This chapter shall include and regulate the placement and use of amusement devices in or upon any parcel of land, building, structure, vehicle or any other place where said amusement devices may be kept, maintained, exhibited, used or operated.

§ 34A-4 License and/or special permit required; term.

No person, firm, corporation or other legal entity shall allow the location or operation of amusement devices on any premises under its control without first having obtained proper licenses and/or special permits as herein required. All licenses and special permits required hereunder shall be valid for a period of one year and shall expire at 12:00 midnight on December 31 of the year for which issued.

§ 34A-5 Accessory game room regulations.

A. 
Application.
(1) 
Accessory game rooms shall be permitted in the following zoning districts: J Business 1, J Business 2 and J Business 3.
(2) 
In J Business 4, L Industrial 1, L Industrial 2 and L Industrial 3 Zoning Districts, accessory game rooms shall be permitted when solely for use of employees and not for public use.
B. 
Location of amusement devices. Except when the amusement devices are primarily for the use of employees employed on the premises, amusement devices shall be conspicuously located so as to be visible to the proprietor, manager or other supervisory or sales personnel.
C. 
Amusement devices shall be kept in a well-lighted location.
D. 
Except when amusement devices are for use of employees only, no amusement device may be located on any premises located within 500 feet of the property line of any lot or parcel upon which a school educating minors is located. Establishments licensed by the State Liquor Authority to sell alcoholic beverages at retail for consumption on the premises, with the exception of bowling alleys holding such licenses, shall be exempt from this restriction.
E. 
Accessory use. Accessory game rooms shall only be permitted as a use accessory, incidental and subservient to a lawful permitted principal use.
F. 
Hours of operation. In the event that an accessory game room is located within 2,500 feet of the property line of any lot or parcel upon which a public, parochial or private school is located, said amusement devices may not be placed in operation between the hours of 8:00 a.m. and 3:00 p.m. during school days. Said limitations shall not apply during summer vacation and other regularly scheduled vacation periods in the school district in which the accessory game room is located. Establishments licensed by the State Liquor Authority to sell alcoholic beverages at retail for consumption on the premises, with the exception of bowling alleys holding such licenses, shall be exempt from this restriction.

§ 34A-6 Game room regulations.

A. 
Location.
[Amended 10-20-1998 by L.L. No. 23-1998, effective 10-28-1998]
(1) 
Game rooms shall be a permitted principal use in the following zoning use districts: J Business 2, J Business 3, and Commercial Recreation (CR).
(2) 
Game rooms shall be permitted solely as an accessory use in the following zoning use districts: J Business 6, J Business 7.
B. 
Special permit required. No game room shall be operated without the applicant first having obtained a special permit from the Zoning Board of Appeals as herein required.
C. 
Site plan required. No game room shall be established without the applicant first having obtained site plan approval from the Planning Board. A preliminary site plan shall be submitted to the Zoning Board of Appeals with the application for special permit. The Zoning Board of Appeals shall refer the preliminary site plan to the Planning Board for recommendations prior to holding a public hearing on issuance of the special permit. The special permit shall not be effective until final site plan approval has been obtained.
D. 
Additional siting requirements. The applicant, as part of the preliminary and final site plan application, must demonstrate that the location is suitable and that, with respect to ingress, egress and parking, there is no adverse impact upon pedestrian and traffic safety.
E. 
Proximity to schools. No game room shall be located within 2,500 feet of the lot lines of any school educating minors unless the game room is located within an enclosed shopping mall located on a lot encompassing of not less than three acres or within premises where children under the age of 18 years of age are not permitted, such as bars and taverns.
F. 
Proximity to residential properties. No game room shall be located within 500 feet of the lot line of any single-family zoned residential district unless located within an enclosed mall located on a lot encompassing not less than three acres.
G. 
Supervision and security. During the hours the game room is opened for operation, there shall be at least one adult employee present on the premises. The Zoning Board of Appeals, as a condition of issuing the special permit, may require additional adult personnel to be primarily assigned for the purpose of supervising game room activities.
H. 
Lighting. All amusement devices located within a game room shall be well-lighted and visible at all times to the supervisory personnel.
I. 
Maintenance. The premises in and the property surrounding a game room shall be maintained in a clean manner.
J. 
Loitering. The proprietor shall not allow illegal assembly or loitering of persons on the lot upon which the game room is located.
K. 
Hours of operation. No amusement device located within a game room may be operated except during the hours specified by the Zoning Board of Appeals in the special permit. The Zoning Board of Appeals shall reserve the right to change said hours after a hearing held on notice to the permit holder should the actual operation of the facility have impact upon the surrounding community.
L. 
Parking. In addition to any other parking requirements, there shall be provided not less than one off-street parking space located on the same lot with the game room for each three amusement devices or fraction thereof located therein, unless the proposed game room is located in an enclosed mall on a lot encompassing not less than three acres.
M. 
Waiver of site plans. In the event that the application is for a game room with no more than 10 amusement devices, the Planning Board may waive or modify the site plan requirements.
N. 
Waiver of distance requirements. The Zoning Board of Appeals may, on application, waive or vary the proximity to residential property requirements upon a showing that the distance requirements bear no relationship to the type of game room proposed.

§ 34A-7 Noise.

No accessory game room or game room may be operated in such a manner as would allow noise emanating from amusement devices located therein to be audible beyond 50 feet of the outside walls of the structure in which the amusement devices are located.

§ 34A-8 Special permit application.

A. 
The application for a special permit shall be made with the Zoning Board of Appeals in accordance with Article IV of Chapter 85 of the Code of the Town of Brookhaven. The fee for the application shall be set forth in said Article IV.
B. 
All special permits issued by the Zoning Board of Appeals shall be valid for a period of one year. The Zoning Board of Appeals shall reserve the right to revoke any special permits issued hereunder upon a showing that any game room is being operated in violation of this chapter. Said revocation shall only become effective after a hearing held on notice to the applicant. The applicant shall be afforded an opportunity to rebut any charges. A conviction in district court for a violation of this chapter shall be presumptive cause for revocation.

§ 34A-9 Amusement device license.

[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017]
In addition to any special permit required by reason of this chapter or any other ordinance, chapter or section contained within the Code of the Town of Brookhaven, no amusement device may be placed in operation until a license has been obtained by the owner of the amusement device. Amusement device licenses shall be issued by the Town Clerk and shall be conspicuously displayed on the premises where the amusement devices are located.

§ 34A-10 Operator's license.

[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017]
No amusement device may be placed in operation unless an adult employee of the business where the amusement device is located has been licensed to operate the amusement devices by the Town Clerk. Said operator's license shall be conspicuously displayed on the premises and must be renewed each year. The holder of said operator's license shall be responsible for the safe and orderly use of the amusement device and for compliance with this chapter. No such license shall be issued to any person who has been convicted of a crime.

§ 34A-11 Supplier's license.

[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017]
Any person leasing, locating, supplying and/or placing into operation more than three amusement devices which are to remain in ownership by such person and are to be located or delivered within the Town of Brookhaven must obtain an annual supplier's license to be issued by the Town Clerk. The supplier must list the location of all amusement devices located within the Town of Brookhaven on the supplier's license application and must notify the Town Clerk of any changes, additions and/or deletions to the list within 10 days of the changes.

§ 34A-12 Review and recommendation of application.

[Amended 1-17-1995 by L.L. No. 3-1995, effective 1-23-1995]
All applications for licenses or special permits issued hereunder shall be referred to the Department of Public Safety and the Department of Planning, Housing and Development for review and recommendation prior to issuance. No license or special permit shall be issued until a determination has been made as to premises compliance with the New York State Uniform Fire Prevention and Building Code.

§ 34A-13 Preexisting game rooms.

Any game room or accessory game room which was legally established prior to the effective date of this chapter may continue operation subsequent thereto, notwithstanding the fact that the game room or accessory game room may not comply with the proximity to school or residential property requirements set forth above. In all other respects, game rooms and accessory game rooms shall comply with this chapter.

§ 34A-14 Penalties for offenses.

For any and every violation of the provisions of this chapter, the owner, general agent, lessee, tenant or occupant of the building, structure or premises where such violation has been committed or shall exist or any other person who knowingly commits, takes part in or assists in any such violation or who maintains any building, structure or premises in which any such violation shall exist shall be guilty of an offense and, upon conviction, shall be punishable by a fine of not less than $100 and not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation.