§ 32-2License required.
§ 32-3Application procedure.
§ 32-4Insurance policy to be executed.
§ 32-5Fees; exemption; expiration of license.
§ 32-6License to be posted.
§ 32-7General regulations.
§ 32-8Transfer of licenses.
§ 32-9Revocation; hearing.
§ 32-10Penalties for offenses.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICES
- Any amusement machine or device operated by means of the insertion of a coin, token or similar object, including electronic video games, pinball machines, billiard or pool tables and other games of amusement, skill or chance.
- Any natural person, partnership, association, club, firm or corporation hereafter referred to as the applicant.
No person shall conduct an amusement or exhibition including a circus, carnival, fair, merry-go-round, rodeo, Ferris wheel or other mechanical device or ride within the Village of Churchville without first obtaining a license.
No person shall operate or permit to be operated any premises wherein are located any amusement devices, billiard or pool tables, bowling alleys, shooting galleries or any game, operation or transaction similar thereto within the Village of Churchville without first obtaining a license.
Applications for licenses shall be made upon forms to be supplied by the Village Clerk. All such applications must be returned to the Village Clerk no less than 15 calendar days before the date of the event or before the amusement device is brought onto the premises. If the amusement device is to be installed on the premises prior to the effective date of this chapter, an application for a license must be filed within 15 days of the effective date of this chapter. All applicable fees must be paid at the time the application is returned to the Village Clerk.
All applications shall contain the following information:
Name, phone number and address of the applicant.
Type of person, whether individual, partnership, association, club, corporation or other type of legal entity.
If other than an individual, the relation of the applicant to the partnership, association, club, corporation or other type of legal entity.
Name, phone number and address of the partnership, association, club, corporation or other type of legal entity.
The address and phone number of the premises where the licensed amusement or device is to be operated or exhibited, together with the character of the business as carried on at such place.
The name, address and phone numbers of all operators of any amusements, as defined above, or mechanical rides, together with the dates and times of such use or operations.
A statement that the applicant or other person using or operating the amusement or amusement device shall comply with all local, County, state or federal requirements, ordinances and laws.
Any and all pertinent information as determined by the Board and more fully set forth on the application.
Upon its presentation, the Village Clerk shall refer such application to the Building Inspector for a full investigation as to the truth of the statements contained therein and as to any or all other matters which might tend to aid the Board in determining whether or not such application should be granted.
The Village Board shall decide whether or not a license shall be issued, considering, among other things, the effect of the amusement or amusement device upon the peace, welfare and good order of the Village.
In granting a license, the Village Board may approve or disapprove of any lighting system or device or any system or device for the amplification of sound, as well as impose such further, conditions as are deemed reasonable by the Board in order to effectuate the purposes of this chapter.
Before such license is granted, every applicant shall furnish to the Village Clerk evidence that a public liability insurance policy in such amount as the Village Board may deem sufficient to protect members of the public has been executed by the applicant and which names the Village of Churchville as an additional insured and saving and holding harmless the Village for any injury to persons or property because of the acts, omissions, fault, negligence, culpable conduct or default by the licensee, his agents, assigns, servants or employees. Said policy shall be issued by an insurance carrier authorized to do business in the State of New York. All such policies shall be subject to the approval of the Village Attorney and the Village Board of Trustees.
The license fee shall be set annually by resolution at a meeting of the Board of Trustees.
License fees submitted with applications which are either withdrawn by the applicant or denied by the Village Board shall be refunded, less the actual cost of any investigation incurred by the Village. Unexpended or unused licenses shall not, however, enable the licensee to gain a refund of any fees so paid after such licenses have been approved by the Board of Trustees.
Nonprofit organizations of a charitable, religious, educational or veterans nature, shall be exempt from any such fees as required by this chapter but shall otherwise observe all rules of conduct and licensing procedures as established herein.
All licenses shall expire on the first day of May of each year, unless otherwise so stated on the license.
All licenses shall be posted in a conspicuous place at either the place of amusement or on the premises in which the amusement devices are located.
Licensees shall not permit gambling or betting at any amusement or on the premises in which an amusement device is located.
The licensee shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises or area.
All licensees shall abide by all sanitary, fire and safety codes.
Each licensee shall, within five days, report in writing to the Village Clerk any change by addition or deletion of any information furnished on the license application during the term of any license or renewal thereof.
All licensees, their agents, servants or employees shall cooperate fully with the Village Clerk and any law enforcement officer and/or agency.
The Board of Trustees reserves the power to revoke without notice any license issued under the provisions of this chapter at any time in cases in which such licenses were procured by fraud or false representation of facts or for the violation or failure to comply with any provision of this chapter by any licensee, his servants, agents or employees. In case of such revocation, no portion of any fee for such license shall be refunded.
After any such revocation, the licensee, upon request, shall be entitled to a hearing before the Board of Trustees not less than 10 days after such revocation nor more than 30 days afterwards. All such requests must be in writing and given to the Village Clerk who will set a date for the hearing, giving the licensee 10 days' notice thereof.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, in addition to being subject to having his license revoked as provided for in § 32-9, be punishable as provided in Chapter 1, General Provisions, Article III, of the Code of the Village of Churchville.