[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]
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]
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 Zoning Board of Appeals, and the amount of the fee.
[Amended 6-14-2021 by L.L. No. 3-2021]
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]
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]
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.
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.
