No person shall maintain or operate an amusement
center with three or more gaming devices within the Town of Chili
without first having obtained an amusement center and device license.
A.
An application for an amusement center and device
license shall be made to the Town Clerk.
B.
Upon receipt of an application for an amusement center license and after approval for compliance with Chapter 500, Zoning, Town code enforcement officials shall cause an inspection of the premises to be made to determine whether the applicant is complying with the laws and ordinances which they are charged with enforcing. Town code enforcement officials and members of their staff shall have the right to enter upon any premises for which an amusement center license is sought for the purpose of making such an inspection during normal business hours. Further inspections of the premises may be made after a license has been issued to ensure compliance with laws and ordinances relating to amusement centers.
C.
Upon receipt of the application for the amusement
center and device license, the Fire Marshal shall cause an inspection
to be made of the premises to determine whether public safety problems
exist on the premises. The Fire Marshal shall cause an investigation
to be made of the background of the owner and the operator of the
center. The Fire Marshal and his or her representatives shall have
the right to enter upon such premises for the purpose of making such
inspections during normal business hours. Further inspections of the
premises may be made after a license has been issued to ensure compliance
with laws and ordinances relating to amusement centers.
D.
Except as provided in New York Correction Law Article
23-A, as amended or changed, no amusement center license shall be
issued to any person who has pled guilty to or has been convicted
of any felony.
No amusement center and device license shall
be issued for an amusement center located within 200 feet of a public
or private elementary or secondary school, measurements to be made
in a straight line between the two closest points on the property
lines of the school and the amusement center.
The Town of Chili may promulgate rules and regulations
to govern the operation of amusement centers and gaming devices so
as to provide for the orderly operation of the centers and to ensure
the public health, safety and general welfare and the peace and tranquility
of the neighborhood where the centers and devices are located.
The required information to be stated in the
application for an amusement center and device license shall include:
A.
The date and place of birth of the applicant.
B.
His or her residence.
C.
The nature of the business in sufficient detail to
disclose the nature thereof.
D.
Whether or not the applicant has ever been convicted
of any misdemeanor or any felony in any court of competent jurisdiction.
E.
If a vehicle is to be used, applicant must provide
license plate number, make and model of vehicle, and whether the applicant
is the owner of the vehicle (if not, then provide the name of the
owner).
F.
Whether the applicant is an individual, copartnership
or corporation and date and state of incorporation.
G.
How long a license is desired.
H.
Any further information as required by the Town Clerk.
In all cases where said trade or occupation
is carried on in connection with the use of a vehicle, said license
shall be attached to a conspicuous place on each vehicle used therewith.
A.
The owner and operator of any amusement center and
gaming device shall comply with all provisions of federal, state and
local laws and ordinances relating to the conduct of business and
use and maintenance of the premises.
B.
The owner and operator of any amusement center and
gaming device shall comply with all the notices, orders, decisions
and rules and regulations made by the Town of Chili governing the
occupation and use of said premises.
C.
The owner and operator of any amusement center and
gaming device shall cause the amusement center and device license
to be posted in a conspicuous place on the premises of the amusement
center.
D.
The owner and operator of any amusement center and
gaming device shall not permit at any time a greater number of persons
on the premises than the capacity approved by the Town of Chili.
E.
The owner and operator of any amusement center and
gaming device shall maintain good order on the premises at all times.
The lack of good order on the premises shall include but not be limited
to the following:
F.
The owner and operator of any amusement center and
gaming device shall not allow the amusement center to be opened or
operated unless it is under the control and supervision of a person
not less than 21 years of age who shall ensure that it is operated
in compliance with all the regulations of this chapter.
G.
Hours.
(1)
Except for public amusement for drinking and/or dining
establishments, motion-picture theaters, billiard or pool rooms, bowling
centers, or theatrical performances, the owner and operator of any
amusement center shall not open or operate such amusement center later
than 12:00 midnight nor earlier than 9:00 a.m. on each and every day
of the week, except on Saturday, when he or she may not open or operate
such amusement center later than 1:00 a.m. the following Sunday; and
the license shall be issued upon the express condition that the operator
thereof shall abide by the hours of operation as herein provided.
(2)
For single day exceptions to operate earlier than
9:00 a.m., separate application must be made to the Town Clerk at
least 10 days prior to the requested date. Application must be approved
by both the Town Clerk and the Monroe County Sheriff or New York State
Police. No more than three single-day exceptions will be granted in
one calendar year.
Amusement center licenses shall continue in
force for the term specified therein, but in no event longer than
the 31st day of December following the date said license is issued.
Such license shall not be transferable.
