[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 7-26-1982 as L.L. No. 3-1982. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- AUTOMATIC AMUSEMENT MACHINE
- Whenever used in this chapter or Chapter 36 of the Code of the Village of Bayville, Licensing, includes machines defined as "gaming device" and/or "pinball machine."
- A. Any game involving an element of skill or chance which is caused to operate or may be operated as a result of the insertion of any piece of money or coin or the insertion of any object for which a fee, charge or other consideration is imposed directly or indirectly.
- B. Any machine or apparatus, whether manually, mechanically, electrically or otherwise operated, and whether or not affixed or attached to or installed in any premises or place, in or upon which machine or apparatus a game involving any element of chance, skill or knowledge may be played by one (1) or more persons, singly or collectively, upon the payment of a fee, charge or other consideration, directly or indirectly.
- C. Any machine or apparatus of the type, design, class or construction commonly known as "cue ball," "ski ball," "game of knowledge" or other similar games which are played upon payment of a fee, charge or other consideration, directly or indirectly.
- PINBALL MACHINE
- Any electrically operated machine upon which any game or contest of skill, chance or amusement may be played upon payment of a fee, charge or other consideration, directly or indirectly, including but not limited to any video game or any shooting device in which no firearm ammunition is used and any game, machine, apparatus, paraphernalia or device of the type, design, class or construction commonly known as "pinball" or "bagatelle."
It shall be unlawful for any person, firm, partnership or corporation,
by himself or by an agent or employee, to possess or maintain an automatic
amusement machine, as hereinbefore defined, unless a license has been obtained
therefor pursuant to the applicable provisions of the Code of the Village
of Bayville.
Not more than three (3) automatic amusement devices incident to a permitted
principal business use may be permitted, maintained or operated by any place
of business within the Village of Bayville.
A.
A "game room" is defined as a place of business wherein
four (4) or more automatic amusement devices are maintained or operated as
the principal use of the premises.
B.
Game rooms prohibited unless in Business District. No
building or premises shall be used as a game room, as defined above, unless
said building or premises is a legally conforming building or premises situated
in the Business District or Amusement Business District of the Village of
Bayville. No game room shall be permitted in any building or premises situated
in any district other than the Business District or Business Amusement District,
irrespective of the use of said building or premises or of the effective date
of this chapter.
C.
Game rooms by permission of the Board of Trustees. In
the Business District and Amusement Business District no building or premises
shall be used and no building altered for use as a game room without permission
of the Board of Trustees.
(1)
No special permit for the operation of a game room shall
be granted by the Board of Trustees unless it finds said use will not, in
the circumstances of the particular case and under any conditions that the
Board considers to be necessary or desirable, be injurious to the neighborhood
or otherwise detrimental to the public welfare.
(2)
Any special permit granted must be renewed within two
(2) years of the date of granting and for each two-year period thereafter,
until the need for the special permit has ended or the Board of Trustees decides
that the subject special permit should end. The special permit shall not be
transferable. The grant of a special permit shall not be deemed to vest any
applicant with any rights with respect to required licenses.
(3)
Before approval, the Board of Trustees shall determine
in each case that the proposed use of the property as a game room:
(a)
Will not tend to depreciate the value of property in
the village.
(b)
Will not create a hazard to health, safety, morals or
the general welfare of the public and the youth of the village in particular.
(c)
Will not be detrimental to the neighborhood or the residents
of the village.
(d)
Will not alter appreciably the essential character of
the neighborhood.
(e)
Will not otherwise be detrimental to the public convenience
and welfare.
(4)
In making such determination the Board of Trustees shall
give consideration to:
(a)
The character of the existing uses in the Business or
Business Amusement District and the peculiar suitability of such district
for the location of any of such permissive uses.
(b)
The conservation of property values and the encouragement
of the most appropriate uses of land.
(c)
The effect that the location of the proposed use may
have upon the creation or undue increase of vehicular traffic congestion on
public streets or highways.
(d)
The hours of operation of the game room.
(e)
Whether the plot area is sufficient, appropriate and
adequate for the game room and the reasonably anticipated operation thereof.
(f)
Whether the use to be operated is unreasonably near to
a church, school, theater, recreational area or other place of public assembly.
Any member of the Village Board, the Building Inspector, any duly authorized
officer or agent of the Village Board or any member of the Nassau County Police
Department is hereby empowered to enforce the provisions of this chapter.
