Village of Angola, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Angola 6-1-1981 by L.L. No. 1-1981 (Ch. 19 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 120.
This chapter shall be known and may be cited as the "Amusement Law of the Village of Angola."
The Board of Trustees shall provide for the enforcement of the provisions of this chapter. The designated official, or any other person authorized by the Board of Trustees, shall have the right to enter upon any premises used as mentioned in this chapter at all reasonable times for the purpose of inspection and enforcement of this chapter.
A. 
Types of activities.
(1) 
No person shall engage in, conduct, manage, operate or cause to be conducted, managed, or operated, within the limits of the Village, any amusement center, billiard parlor, poolroom, penny arcade, game room, pinball or amusement machine center or the like without first obtaining a license from the licensing officer as provided in this chapter.
(2) 
Any establishment which contains more than three amusement devices shall be considered an amusement center and, as such, is governed by this chapter. An "amusement device" means any electronic device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any device or contrivance, effects the operation thereof 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 and similar devices.
B. 
Exemptions. The provisions of this chapter shall not apply to vending machines, such as candy, cigarette or soft-drink machines.
Any person desiring to procure a license as provided in this chapter shall file with the Village Clerk an application, in duplicate, in writing, on a form to be furnished by the Village Clerk, together with the required fee. Said application shall contain the following information:
A. 
The name, address, social security number and telephone number of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses, social security numbers and telephone numbers.
B. 
The addresses of the premises where the licensed device or devices are to be operated, together with the character of the business carried on at such place.
C. 
The name, address and social security number of the registered agent of the applicant upon whom service of process is authorized to be made.
D. 
The name, address, social security number and telephone number of the manager of the applicant who shall be in charge of the applicant's business in the Village of Angola.
E. 
With respect to each person whose name appears on the application:
(1) 
The fact of conviction in any jurisdiction of any offense which, under the laws of New York, is designated a felony, misdemeanor or an offense involving moral turpitude and/or the fact of conviction in any jurisdiction of any offense which, under the New York State Penal Law, is designated as a crime, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings and penalty imposed.
(2) 
Each such person shall voluntarily submit to the taking of his fingerprints so that a proper investigation will be expedited.
F. 
The trade name and a general description of the device or devices to be licensed, the name of the manufacturer and the serial number of each such device.
G. 
The application shall contain a certification, under oath, made by the applicant that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
H. 
A diagram and description of the size and location of said premises, showing parking facilities as required by Chapter 245, entitled "Zoning."
I. 
Such further information as the Village Clerk shall require.
A. 
Investigation. At the time of filing an application for a license pursuant to this chapter, a fee of $100 shall be paid to defray the cost of the investigation required by § 54-6. This fee shall be nonrefundable and, should the application be approved, shall be applied to the licensing fee.
B. 
License. The fee for a license to operate an amusement center and/or a place of business primarily devoted to any of the activities enumerated in § 54-3A shall be $100 per year.
C. 
Permits. The fee for a permit to operate an amusement machine, table, device or the like shall be $50 each, whether located in a licensed premises or elsewhere. All games of skill or amusement located within the limits of the Village of Angola must post on each machine the permit sticker issued by the licensing officer, and said permit sticker must remain on said machine until its expiration date or until said game is removed from the premises. Such stickers shall be nontransferable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
Proration. All licenses and permits shall be issued on a calendar-year basis. In the event that a license or permit shall be issued for 1/2 year or for any length of time less than 1/2 year, the fees shall be 1/2 the amount set forth above; and upon the expiration of the duration of time stated in the license or permit, the license or permit shall be thereafter null and void.
A. 
Upon receipt of the application for a license under this chapter by the licensing officer, the duplicate shall be transferred to the Town of Evans Police Department, which shall make an investigation of the applicant's business and moral character, to be made as it deems necessary for the public good. Such investigation shall look into the statements made upon such application and the applicant's business and general character. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Disapproval; grounds; effect. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the licensing officer shall endorse on such application his disapproval and his reasons for the same and return the application to the Village Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
C. 
Satisfactory report; issuance of license. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory and the premises to be licensed meet all requirements of the Fire, Building, Sanitary, Electrical and Plumbing Codes of the State of New York, the licensing officer shall endorse on the application his approval, execute a license, on forms supplied by the Village Clerk, addressed to the applicant, for the carrying on of the business as applied for and return such license, along with the duplicate application, to the Village Clerk, who shall, upon payment of the fees prescribed in this chapter, issue and deliver to the applicant such license.
A. 
License content. The licenses issued by the licensing officer under this chapter shall be numbered in the order issued and shall state clearly and legibly thereon the date of issuance, the date of expiration, the signature of the licensing officer, the name and address of the licensee, a description of any vehicle used in connection with the business, the number of amusement games permitted in the amusement center, the maximum number of persons permitted in the amusement center at any time, any other conditions or restrictions imposed by the Planning Board, and the amount of the fee.
B. 
Display. Every licensee under this chapter shall immediately publicly display such license and keep the same in the place of business plainly visible to the public at all times while the license remains in force.
C. 
Destruction. No person shall deface, mutilate, destroy or in any way alter such license.
D. 
Replacement of lost or destroyed license. Whenever a license issued under this chapter shall be lost, destroyed, defaced, or mutilated beyond legibility, without fault on the part of the licensee, his agents, or employees, a duplicate in lieu thereof under the original application may be issued by the Village Clerk upon payment of a recording fee of $50.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Use by another prohibited. No license issued under the provisions of this chapter shall be used at any time by any other person other than the one to whom it was issued.
A. 
The owner and operator of any amusement center shall not permit a greater number of persons on the premises at any time than the capacity set forth in the license.
B. 
The owner and operator of any amusement center, and the members, officers, directors and holders of 10% or more of the stock of any corporation, partnership, or association owning or operating an amusement center, shall be of good moral character.
C. 
The owner and operator of any amusement center shall maintain good order on the premises at all times. The lack of good order on the premises of an amusement center shall include but not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages, except within Class One premises licensed by the State for on-premises consumption of those beverages.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New York Penal Law.
D. 
The owner or operator of any amusement center shall not permit an amusement game therein to be played or operated after 9:00 p.m. by a person under the age of 16, unless accompanied by and under the supervision of a parent or guardian over the age of 21.
E. 
The owner or operator of an amusement center shall not allow it to be open or used unless it is under the control of and supervision by a person at least 18 years of age who shall ensure that it is operated in compliance with this chapter.
F. 
The owner and operator of an amusement center containing more than 20 amusement games shall provide additional supervisory personnel, all of whom shall be at least 18 years of age, adequate to assure orderly operation of the amusement center at all times.
G. 
All establishments designated as amusement centers must contain public rest rooms, for men and ladies, separately.
H. 
No amusement center may have more than one machine per 24 square feet of open floor space.
I. 
Youths under the age of 16 shall not be allowed in the amusement center before 3:00 p.m. on school days.
J. 
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement device, and no such device shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.
K. 
No credit, allowance, check, slug, token or anything of value shall be offered or given to any player of any amusement device as a result of plays made thereon.
L. 
Any amusement center shall not open prior to 10:00 a.m. and shall close by 10:00 p.m. Monday through Thursday, by 11:00 p.m. Friday and Saturday and by 9:00 p.m. Sunday, with the exception of those amusement centers located on premises licensed by the State Liquor Authority. A two-hour extension shall be allowed for private parties where the amusement center will be closed to the public. It is required that the Town of Evans Police be notified prior to this event. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
M. 
Compliance with Village of Angola Municipal Code is required. Every person, firm or corporation which or who maintains, operates or conducts an amusement center shall comply with all applicable sections of the Village of Angola Municipal Code.
N. 
The premises shall provide clear windows through which activities in the premises may be viewed from a point outside the premises accessible to the public and sufficient to view such activities.
A. 
No license shall be granted for any premises to be used as an amusement center if such premises is located within 500 feet of the lot line of a public or private school, church, or youth club or within 350 feet of 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 licensing officer, renders the applicant unfit or undesirable to carry on the operation, maintenance or ownership of the amusement center.
C. 
No amusement center shall be allowed within 500 feet of another existing amusement center.
A. 
Any amusement device may be substituted or deleted by the owner or operator without additional fee under the license then in existence, provided that the Village Clerk receives the information required by § 54-4 regarding any such amusement device proposed to be substituted or deleted.
B. 
Amusement devices may be added by the owner or operator of the amusement center upon payment of a fee of $50 per additional amusement device, provided that the Village Clerk receives the information required by § 54-4 regarding any such amusement device proposed to be added.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Revocation. Whenever the licensing officer shall determine that a licensee is violating any applicable provision of the Village of Angola Municipal Code or any applicable State or County law, rule or regulation, the licensing officer, after notice and hearing, may revoke said license.
B. 
Notice of hearing. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address, at least 10 days prior to the date set for hearing.
C. 
Hearing. The hearing shall be held not sooner than 10 days nor more than 30 days after service of the notice. The licensee shall have the opportunity to present evidence, to cross-examine witnesses and to be represented by counsel.
D. 
Determination. The licensing officer may, for sufficient cause, revoke the license, suspend the license for a reasonable period or dismiss the proceeding.
E. 
Appeals. Any person aggrieved by the action of the licensing officer in the denial of an application for a license or in the decision of the licensing officer with reference to the revocation of a license as provided for in this section shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and a notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
F. 
Suspension. For good cause or in case of an emergency, the licensing officer may immediately suspend a license issued pursuant to this chapter until a public hearing and determination is made. Personal service or service by mail as above provided shall be deemed sufficient.
Any person found guilty of a violation of this chapter shall be punishable as set forth in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).