[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
1-17-1978 as L.L. No. 1-1978. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All coin-operated amusement machines, including but not limited to
the type of machines commonly known as "bagatelle," "baseball," "football,"
"pinball" and "video games." This chapter, however, shall exclude any device
the possession or use of which is otherwise prohibited by law.
[Amended 12-15-1981 by L.L.
No. 3-1981]
One (1) or more individuals, a partnership, company, corporation,
association or society, and any officer, agent, servant or employee of the
foregoing in responsible charge of premises hereinafter mentioned.
Any parcel of land, building, structure, vehicle, boat, airplane
or any other property, or part thereof.
No person shall keep, maintain, use or exhibit or permit to be kept,
maintained, exhibited, used or operated in or upon any premises in his possession
or under his control within the Village of Pelham a manually, mechanically
or electrically operated amusement device, used or designed in whole or in
part for the amusement, entertainment or recreation of the public, without
first obtaining a license therefor from the Mayor and countersigned by the
Village Clerk as hereinafter provided.
The Mayor is hereby authorized, in his discretion, to issue such license
upon the following terms and conditions:
A.
A verified application, in duplicate, shall be made by
such person to the Village Clerk for said license, upon blanks to be furnished
by him, giving:
(1)
The name and address of the applicant.
(2)
The name and address of the manufacturer of the device.
(3)
The manufacturer's number, if any.
(4)
A complete detailed description of the device, including
all the mechanical features thereof.
(5)
The method of its operation.
(6)
The exact location, nature and use of the premises in
which the device is proposed to be kept, maintained, exhibited or operated.
(7)
The number of such devices already licensed and sought
to be licensed in the same premises.
(8)
Such further information as the Village Clerk or the
Chief of Police may require.
B.
The application shall also contain a complete statement
indicated whether or not any previous application had been made hereunder
and whether any license has been issued, refused, suspended or revoked, with
the circumstances thereof.
A license shall be procured for each said device. A seal bearing the
same number as the license issued shall be obtained from the Village Clerk
and securely attached to the licensed device so that it shall be and at all
times remain conspicuous. No amusement device shall be kept, exhibited, used
or operated until and unless such seal shall have been so attached thereto.
A.
Such licenses shall be for the period of one (1) year
and shall expire on the last day of May in each year.
B.
The licensing fee for each person, firm or corporation
shall be established by general resolution of the Board of Trustees. Such
fee schedule may be amended from time to time by a resolution of the Board
of Trustees. No license required by this chapter shall be issued unless the
village has received the fee prescribed therefor.
[Amended 5-7-1985 by L.L.
No. 4-1985]
C.
Such licenses shall be procured for each such machine
or device and shall not be transferable.
A.
The regulation and control of such machines or devices
shall be in the Police Department.
B.
No person, firm, corporation or association or any agent,
servant, employee or representative of a licensed person, firm, corporation
or association shall permit the operation or use of any mechanical amusement
device, as defined herein, by persons seventeen (17) years of age or under
between the hours of 8:30 a.m. and 3:30 p.m. on days when schools are officially
open.
[Amended 12-15-1981 by L.L.
No. 3-1981; 3-30-1992 by L.L.
No. 1-1992]
C.
Each such machine or device shall be plainly marked with
the name and address of the owner thereof.
D.
No more than three (3) such machines or devices shall
be operated, used or displayed in any one (1) place or premises.
E.
A license issued pursuant to this chapter shall not be
deemed to authorize gambling or the unlawful operation of machines or games
of chance.
F.
No license shall be issued to any person, firm or corporation
who shall have previously been convicted of any crime.
A.
Any license granted hereunder may be revoked by the Mayor,
and any seal issued under such license may be recalled and destroyed for any
of the following:
(1)
The violation of any of the provisions of this chapter.
(2)
The violation of any law, ordinance, rule or regulation
of any governmental officer, agency or department governing or applicable
to the maintenance or conduct of the premises upon which said device is located.
(3)
The violation of any law, ordinance, rule or regulation
governing or applicable to the maintenance, possession, use or operation of
the licensed device.
(4)
Upon the conviction of the licensee, holder of a license
or any person in responsible charge of said premises of a crime.
(5)
Upon the recommendation of the Chief of Police, in writing,
stating the reasons therefor.
(6)
Otherwise, for cause.
B.
This section shall in no way limit or impair the power
otherwise vested in the Mayor by law to revoke such licenses.
