[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 12-7-1988 by L.L. No. 8-1988. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 240.
As used herein, the following words shall have
the meanings set forth below:
Any machine which, upon the payment of a charge or upon the
insertion of a coin, slug, token, plate or disc, may be operated by
the public generally for use as a game, entertainment or amusement,
whether or not registering a score. It shall include but is not limited
to such devices as marble machines, pinball machines, skill ball,
mechanical grab machines, electronic bowling machines, electronic
baseball, football, hockey or basketball machines, video games, any
and all air-propelled machines or games, pool tables, shooting games
and all games, operations or transactions similar thereto, under whatever
name they may be indicated, whether or not electronically operated.
This definition shall be deemed to include the terms "machine" or
"device," where such terms are used herein.
Includes the following: any person, firm, corporation or
association which owns, rents or leases any such machine; the person,
firm, corporation or association in whose place of business any such
machine is placed for use by the public; and the person, firm, corporation
or association having control over such machine.
Nothing in this chapter shall in any way be
construed to authorize, license or permit any gambling devices whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to existing or future local, state or
federal laws or regulations nor shall this chapter be construed to
permit the use of a mechanical amusement device, as defined herein,
as a gambling device.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device, as defined herein by § 55-1, shall be required to obtain a license from the Town of Mamaroneck upon payment of a license fee. Application for such license shall be made to the Town Clerk upon a form to be supplied by the Clerk for that purpose.
The application for such license shall be made
to the Town Clerk and shall contain the following information:
A.
The name and address, age and date and place of birth
of the applicant. No license shall be issued to any applicant unless
he shall be over 21 years of age.
B.
Prior criminal convictions of the applicant, if any.
C.
The floor plan of the place where the machine or device
is to be displayed or operated and the business conducted at that
place.
D.
A description of the machine to be covered by the
license, mechanical features, the name of the manufacturer and the
name of the game.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
The application for a license hereunder shall
be made out in four copies, one copy to be referred to the Police
Chief, one copy to the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration, one copy to the New
York Board of Fire Underwriters or other qualified inspection agency
approved by the Town and one copy to be maintained by the Clerk.
A.
The Police Chief shall investigate the applicant proposing
to operate such machine and ascertain if the applicant has a record
of criminal convictions and shall either approve or disapprove the
application if, in his opinion, the criminal history of an applicant
warrants a denial of the application, in the interests of the public
health, safety and welfare.
B.
The New York Board of Fire Underwriters or other qualified
inspection agency approved by the Town shall inspect all wiring and
connections to the machine, determine if the same complies with the
National Electrical Code and approve the application only if it finds
no violations of said code.
C.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration or either's designated
representative shall investigate the establishment and location where
the machine is proposed to be located for compliance with applicable
zoning, building and fire code regulations and shall recommend approval
only if said location and establishment complies in all respects with
said regulations.
D.
No license shall be issued to any applicant unless
approved by the Police Chief, the Board of Fire Underwriters or other
qualified inspection agency approved by the Town and the Building
Inspector.
E.
Any applicant whose application for license has been
denied shall have the right to appeal said decision to the Town Board
of the Town of Mamaroneck at a meeting thereof, and the same may be
granted or refused by said Board, in its discretion.
A.
Every applicant, before being granted a license, shall pay the annual license fee for the privilege of operating or maintaining for operation each mechanical amusement device, as defined in § 55-1 herein, and the separate annual license for maintaining premises that contain said devices that are set forth in § A250-1.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
B.
Each license granted hereunder shall be granted for
an annual term running from January 1 to December 31 of that year.
A.
Device license:
(1)
The device license or licenses provided for herein
shall be posted conspicuously in the premises wherein the device is
to be operated or maintained to be operated.
(2)
Not more than one machine shall be operated under
one license, and the applicant or licensee shall be required to secure
a license for each and every machine displayed or operated by him.
B.
Premises license. A premises license shall not be
transferable from person to person nor place to place and shall be
usable only at the place and by the person designated in the license.
A.
No person, firm, corporation or association shall
permit the operation of mechanical amusement devices within 600 feet
of any church, public school or private school, except that such mechanical
amusement devices may be operated within 600 feet of a public or private
school when such school is not in session.
[Amended 5-1-1996 by L.L. No. 10-1996]
B.
Except as set forth below, no person, firm, corporation
or association may receive a license to operate more than two mechanical
amusement devices.
C.
On all premises where more than two licensed mechanical
amusement devices are located on the date of adoption of this chapter,
the following standards must be met:
(1)
There must be 20 square feet of floor space for each
licensed mechanical amusement device. This square footage may not
include areas devoted to other uses such as passageways, dining rooms,
food preparation and service areas, ingress and egress areas, lavatories
and the like.
(2)
The mechanical amusement devices must be segregated
from other uses, such as dining, by a solid wall, with no openings
to exceed 44 inches in width per opening and no more than two openings
per device area, unless more are required as a means of egress by
the New York State Uniform Fire Prevention and Building Code.
D.
No person, firm, corporation or association shall
permit the operation of any mechanical amusement device except during
the following hours:
E.
No person, firm, corporation or association shall
permit children under the age of 14 years to operate a mechanical
amusement device during school hours, unless accompanied by a responsible
adult.
A.
Every license issued under this chapter is subject
to the right of the Town Board, which is hereby expressly reserved,
to revoke the same should the licensee, directly or indirectly, permit
the operation of any mechanical amusement device contrary to the provisions
of this chapter, the Code of the Town of Mamaroneck or the Laws of
the State of New York or the United States. A notice of proposed revocation
shall be served by the Town Clerk or a designee of the Town Clerk
upon the person or entity named in the license application by mailing
a copy, certified mail, return receipt requested, to the address set
forth in the license application. The notice shall indicate that a
hearing on the proposed revocation will be held at the next regularly
scheduled meeting of the Town Board of the Town of Mamaroneck or at
such other time as the Town Board may direct. Said hearing shall be
conducted by the Town Board or its designee.
B.
After giving the licensee an opportunity to be heard
or upon the licensee's default, the Town Board may revoke, modify
or suspend any license granted under this chapter. Such suspension,
modification or revocation shall be based upon the licensee's failure
to comply with the requirements of this chapter, other applicable
laws of the Town of Mamaroneck, the County of Westchester and the
State of New York.
If the Police Chief shall have reason to believe
any mechanical amusement device is used as a gambling device, such
machine may be seized by the police and impounded, and if, upon trial
of the exhibitor for allowing it to be used as a gambling device,
said exhibitor shall be found guilty, such machine shall be destroyed
by the police.
Any person, firm, corporation or association
violating any of the provisions of this chapter, in addition to the
revocation of his or its license, shall be liable to a fine or penalty
of not less than $50 nor more than $250 for each offense. Each day
such violation shall exist shall constitute a separate violation of
this chapter. Each unlicensed device shall contribute a separate violation
hereof.
This chapter shall not apply to and no license
shall be required for the operation of mechanical amusement devices
of the kind or purpose herein specified:
A.
For special events, not exceeding five days in duration,
wherein the proceeds therefrom are to be devoted exclusively to charitable,
benevolent or religious purposes.
B.
Where the operation thereof is upon the property and
premises of a private membership club and for the sole enjoyment of
its members or their guests; provided, however, that said exemption
will terminate if said private membership club operates any mechanical
amusement devices for the use and enjoyment of the general public
or for gambling or other illegal purposes.
All persons, firms, corporations or associations, as described in § 55-1, which display or operate devices which do not conform to the provisions of § 55-8B of this chapter at the date of its adoption may continue said operation as a nonconforming use in the same way and to the extent that lawfully existed at their location as of the date of the adoption of this chapter, subject to the provisions of § 55-8C hereof.
