[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 5-22-1940. Amendments noted where applicable.]
[Amended 9-8-1981 by L.L. No. 7-1981]
No mechanically, manually or electrically operated amusement device which complies with the Penal Law of the State of New York shall be kept, sold, rented, leased or let on shares, lent or given away, maintained, used, exhibited or operated in or upon any premises within the corporate limits of the Village of Elmsford, unless both the owner thereof and the person upon whose premises the same shall be kept, maintained, used, exhibited or operated shall first obtain a license therefor, as herein provided.
The owner of any such amusement device or his duly authorized agent acting in his behalf, who desires to distribute, sell, rent, lease or let on shares, lend or give away or place any such device for use in or upon any premises within the corporate limits of the Village of Elmsford shall make a verified application to the Village Clerk for such license, upon blanks to be furnished by said Clerk, giving the name and address of the applicant, the name and address of the manufacturer of the device, the manufacturer's number, if any, a complete detailed description of the device, including all the mechanical features thereof, the method of its operation, whether the possession and use of such a device is forbidden by law, the name and address of the person having responsible charge of the premises upon which the device is proposed to be located, kept, maintained, exhibited, used or operated, the location of said premises by street and number, the nature, use and kind of business conducted thereon, and the number of devices already licensed upon said premises, and such further or other information in the premises as the Village Clerk may deem reasonably necessary. The application shall also contain a statement indicating whether or not any previous application has been made and whether any license has been refused, suspended or revoked. The person upon whose premises the same is proposed to be located, kept, maintained, exhibited, used or operated shall join in such verified application, and in addition to the information required from the owner or distributor as aforesaid, such person shall be required to state whether he has ever been convicted of any crime or of any gambling offense against the laws of the State of New York of the Village of Elmsford.
Said application shall be referred by the Village Clerk to the Chief of Police of the Village of Elmsford for his recommendation and investigation. Such investigation shall include an inquiry by him as to the reputation and character of both the owner or distributor, and of the person in responsible charge of the premises upon which the device is proposed to be located, kept, maintained, exhibited, used or operated, and the character thereof, and whether the possession and use of such device is forbidden by law. The Chief of Police shall return the application within a reasonable time to the Village Clerk with his recommendation as to approval or disapproval thereof.
[Amended 6-6-1983 by L.L. No. 3-1983]
Prior to the issuance of such license, there shall be paid to the Treasurer of the Village of Elmsford by the owner or operator of each device for which application for license has been made, the sum of $100 per year or any part thereof, per location, and there shall be paid by the person in responsible charge of the premises upon which the device is proposed to be located, kept, maintained, exhibited, used or operated, an additional sum of $10 per year or any part thereof for each such device. All such licenses shall expire on December 31 next following issue. This licensing law shall not be applied to a distributor or the machines being warehoused by him and used in the regular course of his business.
The license, which shall specify thereon the fee paid therefor, shall be signed by the Mayor and countersigned by the Clerk of the Village of Elmsford, who shall keep a record thereof and of the amount of the fee paid therefor. Upon presentation of such license to the Treasurer of the village, so signed and countersigned, the payment to the Treasurer of such fee, the Treasurer shall endorse thereon his receipt of the license fee, and the license shall not take effect until the receipt of the Treasurer shall have been endorsed thereon.
The right and authority to issue a license shall vest in the sound discretion of the Mayor of the Village of Elmsford. Any applicant who shall have been refused such license by the Mayor may apply to the Board of Trustees therefor at a meeting thereof, and the same may be granted or refused by the Board. The Mayor and/or the Chief of Police may suspend any such license until the next meeting of the Board of Trustees, and thereupon said license may be revoked or continued by the Board.
Not more than two of such devices shall be licensed at any one time for use in any one place.
[Amended 6-6-1983 by L.L. No. 4-1983]
No license shall be granted for any premises which shall be on the same street or avenue and within 200 feet of a building occupied exclusively as a school, church, synagogue or other place of worship; the measurements to be taken in a straight line from the center of the nearest entrance to such school, church, synagogue or other place of worship, to the center of the nearest entrance of the premises to be licensed. No machines shall be in operation during school hours or during the hours of worship on Saturday and Sunday.
No such licensed device shall be operated or permitted to be operated for any use or purpose prohibited by law.
Each said device shall have affixed thereto at all times, in a prominent place thereon, while in any premises in the Village of Elmsford, a tag or seal, which shall bear a serial number, the license number and the name and address of the owner thereof, and no such tag or seal may be removed from one device and transferred and affixed to another. Any such device for which a license has been issued, which shall have been taken out of use in the Village of Elmsford, shall not be placed back in use again until a new license has been issued for the same. Such devices may be, from time to time, but not exceeding 12 times in any one year, changed and new devices placed in operation, but before said change shall be made or a new device placed in operation, the owner or operator of said device or devices and the person in responsible charge of the premises upon which the device is maintained shall comply with every provision of this chapter, except as to the payment of any additional fee therefor.
Editor's Note: Former § 13-11, Licensing period,; proration of fees, which immediately followed this section, was repealed 6-6-1983 by L.L. No. 5-1983.
Each license issued pursuant to this chapter may be renewed upon application therefor by the licensee and the payment of the annual fee for such license as prescribed by this chapter. In the case of applications for renewals, the Village Clerk may dispense with the requirement of such statements as he deems unnecessary, in view of those contained in the application made for the original license. The Village Clerk may make such rules as may be necessary, not inconsistent with this chapter, regarding applications for renewals of licenses and the time for making the same.
Any license issued pursuant to this chapter may be revoked for cause and must be revoked for any of the following causes:
The violation of any of the provisions of this chapter.
For making any false material statement in an application for a license.
For transferring, assigning or hypothecating a license.
For the violation of any law, ordinance, rule or regulation of any governmental officer, agency or department covering or applicable to the maintenance or conduct of the premises upon which said device is located.
For the violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed device.
Upon the conviction of the owner or distributor of the device, or of the person in responsible charge of the premises in which the licensed device is located, for a violation of Article 88 of the Penal Law of the State of New York with reference to gambling.
Within three days after a license shall have been revoked pursuant to this chapter, a notice thereof shall be given to the licensee by mailing such notice, addressed to him at the premises whereon the licensed device is located. Notice shall also be mailed to the owner or distributor of the device. The holder of such license shall thereupon surrender the same to the Village Clerk. The mailing thereof by the holder of the license to the Village Clerk by registered mail or insured parcel post shall be deemed sufficient compliance with this section. The Village Clerk, immediately upon giving notice of revocation, shall serve a written notice thereof upon the Chief of Police of the village. Such notice shall include a statement of the number of such license, the name and place of residence of the holder of the license, the location of the premises upon which the licensed device is located, and the date when such license was revoked. In case such license be not forthwith surrendered, the Village Clerk shall issue a written demand for the surrender of such license and shall deliver such demand to the Chief of Police, and said Chief of Police shall immediately take possession of such license and return the same to the Village Clerk.
This chapter may be amended, revised or repealed by the Board of Trustees in the manner provided by law.
This chapter shall be known by the short form title of "Amusement Device Ordinance of the Village of Elmsford, New York."
Any person or persons, firm, association or corporation violating any of the provisions of this chapter or any part thereof shall be liable for and pay a penalty for each violation of not exceeding $100 for each offense. Upon such conviction, all licenses possessed by said convicted person shall be automatically revoked and all moneys paid therefor shall be automatically forfeited.