[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985
as Ch. 5 of the 1985 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A building or place which provides entertainment by means of amusement
devices and which contains more than five such devices.
Any mechanical or electronic device or contrivance accessible to
the general public for use as a game, contest or amusement by one or more
persons, singularly or collectively, or which may be so used. The term "amusement
device" includes but is not necessarily limited to pinball machines, bagatelle,
pool tables, foosball tables, electronic games, games utilizing motion and
similar devices. The term "amusement device" does not include jukeboxes or
rides.
[Amended 2-27-1995]
Includes individuals, natural persons, partnerships, joint ventures,
societies, associations, clubs, corporations or unincorporated groups or any
members, officers, directors or stockholders or any kind of personal representative
thereof, in any capacity, acting for himself or for any other person, under
either personal appointment or pursuant to law.
Any public or quasi-public place or building where the public may
enter.
No person shall operate, conduct or maintain an amusement arcade, as
defined herein, on any premises in the town without having obtained and having
in force and effect a license therefor.
A.
Any person desiring to operate, conduct or maintain an
amusement arcade shall file an application with the Town Clerk.
B.
The application shall contain, at a minimum, the following
information:
(1)
The name and address of the applicant.
(2)
If the applicant is not the owner of the premises, the
name and address of the owner of the premises.
(3)
The number and type of amusement devices and proposed
location.
(4)
Serial number or other identifying information of each
amusement device.
(5)
A description of the size and location of said premises.
(6)
Such further information as the Town Clerk shall require.
Upon the approval of the Town Clerk, a license shall be issued for an
amusement arcade upon payment of an annual fee of $500, plus $10 per amusement
device.
A.
No license shall be granted for any premises to be used
as an amusement arcade if such premises is located within 500 feet of the
lot line of a public or private school, church or any R District boundary.
B.
No license shall be issued or reissued to any applicant
convicted of a misdemeanor or felony, which in the judgment of the Town Clerk
renders the applicant unfit or undesirable to carry on the operation, maintenance
or ownership of the amusement arcade.
A.
Upon proper application and submission of the appropriate
fees, the Clerk shall issue a license.
B.
Licenses issued under the provisions of this chapter shall expire on June 30 of each year and will be renewed by the Town Clerk upon receipt of a renewal fee in the amount provided in § 56-4 hereof. The license fee for any license obtained during the calendar year shall be prorated on a monthly basis and the fee reduced accordingly.
A.
No cash awards shall be made in any contest, tournament,
league or individual play on any amusement device maintained or operated in
any premises, and no amusement device shall be permitted to operate if said
device delivers or may readily be converted to deliver to the player any coins,
slugs or metal tokens on certain scores, if such delivery of coins, slugs
or metal tokens is or is held to be contrary to any law or ordinance.
B.
Unless accompanied by a parent or guardian, no person
under 16 years of age who is duly enrolled in a public or private school shall
be permitted to operate an amusement arcade device between the hours of 10:00
p.m. and 10:00 a.m. from Sunday through Thursday on such days when school
is regularly in session and such person is in regular attendance.
C.
Compliance with ordinances required. Every person, firm
or corporation which or who maintains, operates or conducts an amusement arcade
shall comply with all applicable ordinances of the Town of Cheektowaga.
An amusement arcade, whenever operated or used, shall be supervised
by a person 18 years of age or older. Such person shall ensure that the premises
are used or operated in an orderly manner.
Every amusement arcade license shall apply only to the person to whom
granted and for the premises stated in the application and shall not be transferable.
Any license issued under the provisions of this chapter may be suspended
or revoked by the Town Clerk if the applicant has violated the provisions
of this chapter or made a false statement on the application for license or
if the use and operation of the amusement arcade constitutes a breach of the
peace or a menace to the health, safety or general welfare of the public.
[Amended 2-27-1995]
A.
Variance request; hearing.
(1)
In the event that a person is denied a license due to the restrictions contained in § 56-5A of this chapter, such person may apply to the Town Board to vary or modify the provision or requirement of said § 56-5A where such person can show that there are unique circumstances or conditions peculiar with the property or type of amusement arcade and that strict compliance with such requirement would create an excessive and unreasonable economic burden and would be physically or legally impracticable. Such person shall also show that a modification or variance, if granted, would not:
(a)
Affect the character of the nearby residential neighborhood;
(b)
Have a negative impact on the nearby church or public
or private school which is within 500 feet of the amusement arcade;
(c)
Act contrary to this chapter's intended objective
in protecting the morals and welfare of minor and other members of the community;
and
(d)
Tend to depreciate the value of adjacent property.
(2)
The Town Board shall fix a reasonable time for the hearing
of such variance request.
B.
Any person aggrieved by any other decision of the Town
Clerk in denying, suspending or revoking any application for a license or
license issued hereunder may apply to the Town Board for review. Such request
for review shall be made within 30 days after the rendering of the decision
of the Town Clerk by the filing of a notice of appeal, specifying the grounds
therefor. The Town Board shall fix a reasonable time for the hearing of such
appeal.
A.
Any person committing an offense against any provision
of this chapter shall be guilty of a violation punishable by a fine of at
least $10 but not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
B.
The provisions of this chapter shall be administered
and enforced by the Town of Cheektowaga Police Department.
Should any section or provision of this chapter be held to be unconstitutional
or invalid by any court, the same shall be severed from this chapter, and
its invalidity shall not affect any other section or provision of this chapter,
which shall remain in full force and effect.
