City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
No person shall maintain or operate an amusement center within the City of Rochester without first having obtained an amusement center license.
A. 
An application for an amusement center license shall be made to the City of Rochester, City Clerk's office, on forms prescribed by the Chief of Police.
[Amended 5-14-1996 by Ord. No. 96-155]
B. 
Upon receipt of an application for an amusement center license, and after approval for Zoning Code compliance by the Manager of Zoning, the Commissioner of Neighborhood and Business Development and the Fire Chief shall cause an inspection of the premises to be made to determine whether the applicant is complying with the laws and ordinances which they are charged with enforcing, and said Commissioner and Fire Chief and members of their staffs shall have the right to enter upon any premises for which an amusement center license is sought for the purpose of making such an inspection during normal business hours.
[Amended 2-24-1981 by Ord. No. 81-55; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C. 
Upon receipt of the application for the amusement center license, the Chief of Police shall cause an inspection to be made of the premises to determine whether public safety problems exist on the premises, and the Chief of Police shall cause an investigation to be made of the background of the owner and the operator of the center. The Chief of Police and his or her representatives shall have the right to enter upon such premises for the purpose of making such inspections during normal business hours. Further inspections of the premises may be made after a license has been issued to ensure compliance with laws and ordinances relating to amusement centers.
[Amended 2-14-2006 by Ord. No. 2006-22]
D. 
Except as provided in New York Correction Law, Article 23-A, no amusement center license shall be issued to any person who has pled guilty to or has been convicted of any crime.
E. 
No amusement center license shall be issued for an amusement center located within 400 feet of a public or private elementary or secondary school, measurements to be made in a straight line between the two closest points on the property lines of the school and the amusement center, except that this restriction shall not apply to a premises possessing a license from the State of New York to sell any alcoholic beverage at retail for consumption on the premises, or to amusement centers operated by not-for-profit agencies serving youth, provided that the amusement games are not the only youth services offered at the premises and provided further that the amusement games shall not be allowed to be operated during the regular school hours of any school located within 400 feet of the amusement center.
[Amended 7-13-1982 by Ord. No. 82-313; 10-22-1996 by Ord. No. 96-330]
F. 
The Chief of Police may promulgate rules and regulations to govern the operation of amusement centers so as to provide for the orderly operation of the centers and to ensure the public safety and the peace and tranquility of the neighborhood where the centers are located.
G. 
No amusement center license shall be issued to any person against whom judgment has been rendered by the Municipal Code Violations Bureau in response to a complaint charging a violation of any section of this chapter, which judgment has not been satisfied.
[Added 9-3-1985 by Ord. No. 85-379]
A. 
The owner and operator of any amusement center shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of business and the use and maintenance of the premises.
B. 
The owner and operator of any amusement center shall comply with all the notices, orders, decisions and rules and regulations made by the Chief of Police, Fire Chief, Commissioner of Neighborhood and Business Development and the Manager of Zoning governing the occupation and use of said premises.
[Amended 2-24-1981 by Ord. No. 81-55; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C. 
The owner and operator of any amusement center shall cause the amusement center license to be posted in a conspicuous place on the premises of the amusement center.
D. 
The owner and operator of any amusement center shall not permit at any time a greater number of persons on the premises than the capacity approved by the Department of Neighborhood and Business Development and set forth on the amusement license.
[Amended 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
E. 
The owner and operator of any amusement center shall be of good moral character and a fit and proper person to hold a license and shall maintain good order on the premises at all times. The lack of good order on the premises shall include, but not be limited to, the following:
[Amended 5-24-1983 by Ord. No. 83-188]
(1) 
Fighting and rowdy behavior.
(2) 
Illegal or excessive consumption of alcoholic beverages.
(3) 
Gambling.
(4) 
Prostitution.
(5) 
Sale, possession or use of any controlled substances, marijuana, hypodermic instrument or drug paraphernalia.
[Added 4-4-1989 by Ord. No. 89-109]
A. 
The annual fee for an amusement center license shall be as follows:
[Amended 5-25-1982 by Ord. No. 82-208]
(1) 
Amusement centers which offer or operate only amusement games shall pay a fee of $325.
[Amended 4-26-1983 by Ord. No. 83-132; 5-22-1990 by Ord. No. 90-191; 6-18-1991 by Ord. No. 91-257; 5-12-1992 by Ord. No. 92-175; 6-14-1994 by Ord. No. 94-171; 6-18-1996 by Ord. No. 96-206; 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No. 2008-205[1]]
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2008.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(2), which established a fee schedule for amusement centers which present any public amusement, was repealed 5-24-1983 by Ord. No. 83-188.
B. 
Payment of the fee shall be due upon application for the license.
[Amended 6-18-2002 by Ord. No. 2002-201]
C. 
The fee for replacement of an amusement center license which has been lost or destroyed shall be $10.
[Added 7-16-1985 by Ord. No. 85-317; amended 6-14-1994 by Ord. No. 94-171]
[Amended 6-18-1996 by Ord. No. 96-206]
Amusement center licenses shall expire on January 31 of each year. Fees for renewal of an amusement center license expiring in 1996 shall be prorated on a semiannual basis.