[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
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.
For the purpose of this chapter, the following
definitions shall apply:
Any premises in which no more than three amusement devices
are located.
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.
Any premises in which four or more amusement devices are
located.
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.
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.
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.
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.
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.
A.
Location.
[Amended 10-20-1998 by L.L. No. 23-1998, effective 10-28-1998]
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.
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.
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.
[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.
[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.
[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.
[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.
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.
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.
