[HISTORY: Adopted by the Common Council of
the City of Oneida 12-21-1982 as Ch. 4-3 of the 1982 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage or recreation of the public any coin-operated
amusement device, jukeboxes of any description and particularly, but
not by way of limitation, those commonly known as bagatelle, baseball,
football and pinball amusement games.
[Amended 12-19-2000 by L.L. No. 6-2000]
An amusement device operated by insertion of a coin, token
or similar object for the purpose of amusement or skill and for the
playing of which a fee is charged and particularly, but not by way
of limitation, those commonly known as bagatelle, baseball, football
and pinball amusement games, pool tables or jukeboxes. The term does
not include vending machines in which are not incorporated gaming
or amusement features.
[Amended 12-19-2000 by L.L. No. 6-2000]
Any person who sets up for operation by another or leases
and distributes for the purpose of operation by another or himself
any amusement device, whether such setting up for operation, leasing
or distributing is for a fixed charge, rental, on the basis of division
of the income derived from such device or otherwise, in any place
in which it is operated for the amusement, patronage or recreation
of the public.
Any individual who owns an amusement machine
shall file with the City Clerk evidence of such ownership prior to
the issuance of a license, and any individual purchasing an amusement
machines shall file with the City Clerk evidence of ownership thereof
before exhibiting or placing said device or devices for use or play.
No person under 16 years of age shall be allowed
to operate any amusement machine unless said minor shall be accompanied
by his parent or guardian.
No cash awards shall be made in any contest,
tournament, league or individual play of any game maintained or operated
in any amusement center, and no amusement machine shall be permitted
to operate if said device delivers to the player coins or slugs or
metal or other tokens on certain scores, or if said devices may be
readily converted to deliver to the players such coins or slugs or
metal or tokens.
Any amusement machine operated in violation
of the terms of this chapter may be seized and destroyed in compliance
with the terms and provisions of the statutes of the state.
No person shall engage in the business of an
owner or operator of amusement machines without first having obtained
the proper license therefor.
A.Â
Before any amusement machine or game is placed at
any location within the city, an application for a license hereunder
shall be filed in writing with the City Clerk, in duplicate, on a
form to be provided by the city and shall specify:
B.Â
The proper license fee shall accompany each application.
Application for license hereunder shall be first referred by the City
Clerk to the Mayor and Common Council who shall make or cause to be
made such investigation as they deem necessary. If the application
is approved by the Mayor and Common Council, the license shall be
issued by the Clerk. If the license is denied, the fee shall be returned
to the applicant.
[Amended 9-1-1987 by Ord. No. 87-07]
A.Â
The license fee for each owner or operator shall be
established by resolution of the Common Council. Such fees may thereafter
be amended from time to time by like resolutions.
[Amended 11-20-2012 by Ord. No. 12-11]
B.Â
The license fee shall be per year for all devices
set up for operation, leased or distributed to a business premises
in the city. License fees shall be payable annually in advance.
In the event of a late application for any license
provided for in this chapter hereof, the license fee shall be increased
by $50 in addition to any and all other penalties and/or remedies.
Continued late applications may be considered upon future applications
to the Common Council for permission to acquire a license.
No licenses shall be issued under this chapter
to any person or a member, partner, officer or stockholder of any
firm, corporation, partnership or association who has been convicted
of a crime or of any gambling offense against the laws of the state
or of the city, and in the event of any such conviction subsequent
to the issuance of said license, said license shall be immediately
revoked.
No license shall be granted for any amusement
center if located within 200 yards of a public or private school.
A license issued pursuant to the provisions
of this chapter shall expire at the end of the calendar year for which
it was issued, unless sooner suspended or revoked.
A license issued pursuant to the provisions
of this chapter shall be nontransferable and nonassignable.
Upon payment of his annual license fee, a seal
shall be affixed by the owner to each device in a prominent place
and shall bear the owner's or operator's name, address and telephone
number.
A license issued pursuant to the provisions
of this chapter shall be posted in a conspicuous place in the establishment
of the licensee.
After a hearing affording due process, the Mayor
may suspend or revoke any license issued pursuant to the provisions
of this chapter if its holder has violated any of the provisions of
this chapter. A person whose license has been suspended or revoked
may appeal such decision to the Common Council by requesting a hearing
before the Council. Such requests shall be made to the City Clerk
within 10 days after receipt of notice of the action of the Mayor.
The Council shall then hear and decide the matter within a reasonable
time.
