[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 7-26-1982 by L.L. No. 3-1982. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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."
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.
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 or more persons, singly or
collectively, upon the payment of a fee, charge or other consideration,
directly or indirectly.
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.
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 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 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 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person committing an offense against any provision of this
chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $500 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment.
