[HISTORY: Adopted by the Board of Trustees of the Village of Florida 4-12-1983
by L.L. No. 1-1983. Amendments noted where applicable.]
The purpose of this chapter is to control the establishment of game
rooms by licensing in order to determine whether premises containing game
rooms comply with all fire, health, sanitary and building codes and laws and
other applicable state and local laws, ordinances and regulations, and to
adopt rules and regulations governing the occupancy and use of such game rooms.
As used in this chapter, the following terms shall have the meanings
indicated:
Any mechanical, electric or electronic device used or designed to
be operated for entertainment or as a game of skill by the insertion of a
piece of money, coin, token or other article or by paying money to have it
activated. This definition does not include:
A room or place used exclusively for and containing more than four
amusement games and meeting the specifications prescribed by this chapter.
One or more individuals, a corporation, partnership, association,
trust, firm, trustee, receiver or assignee or any other legal entity.
Any room, building or place to which the general public has access
or to which individuals have access with the permission of the person in control
thereof.
Village of Florida.
No person shall place or permit to be placed upon any premises owned
by him or under his control as manager, proprietor, lessee or otherwise more
than four amusement games unless he shall have established a game room in
accordance with the provisions of this chapter. No person shall operate or
own more than one establishment having four or more amusement games in the
Village.
No person shall operate a game room in the Village unless the person
is licensed to do so pursuant to the provisions of this chapter.
A.
Each application for a license hereunder shall be filed
with the Village Clerk, in duplicate, and shall specify:
(1)
The names, address and telephone number of the applicant,
and, if a firm, corporation, partnership or association, the principal officers
thereof and their addresses and telephone numbers.
(2)
The address of the premises where the game room is to
be operated, together with the character of the business carried on at such
premises if used other than exclusively as a game room.
(3)
The name and address of the registered agent, if any,
of the applicant upon whom service of process is authorized to be made.
(4)
The name, address and telephone number of the manager,
if any, of the applicant who shall be in charge of the applicant's game room
in the Village of Florida.
(5)
The floor area of the game room and the number of amusement
games which applicant proposes to place in the game room.
B.
The application shall contain a certification, under
oath, made by the applicant or a principal officer thereof if the applicant
or a principal officer is other than a natural person, that the information
contained in the application is complete, accurate and truthful to the best
of his knowledge and belief.
C.
If the establishment of the game room necessitates construction,
reconstruction, alteration or remodeling of a premises so that a building
permit is required therefor, the application shall not be submitted until
such time as the permit is obtained by the applicant. If a site plan approval
is a prerequisite to the issuance of the building permit under Village Zoning
Law,[1] the site plan review shall be completed prior to the submission
of the license application. The report of the Planning Board on the final
site plan shall be submitted to the Building Inspector.
A.
The license year shall be from January 1 to December
31 of each year, and all licenses shall expire on the 31st day of December
of each year.
B.
The annual license fee shall be $100. No additional fees
shall be payable for game machines.
C.
The license fee shall be payable annually in advance
and shall accompany the application for a license.
D.
The license may be renewed by the licensee by payment
to the Village Clerk of the fee in effect at the time of renewal.
A.
The Village Clerk shall, within three working days of
receipt thereof, forward a copy of the application to the Building Inspector
for review and report.
B.
No license shall be granted unless the premises in which
the game room is to be situated meets all requirements of fire, housing, building,
sanitary, electrical and plumbing codes of the Village and any other applicable
Village or state laws, rules and regulations, ordinances or local laws.
A.
The Building Inspector shall review the application and,
with the advice and assistance of such other Village personnel as may be necessary,
inspect the premises to ascertain whether the premises comply with all applicable
fire, housing, building, sanitary, electrical and plumbing codes, state or
local. The inspection and review shall be completed within 14 working days
after the date of receipt of the copy of the application by the Building Inspector
or within seven working days of the final completion of any construction,
alteration or remodeling of a premises authorized by a building permit after,
if necessary, site plan review. Within six working days after completion of
the inspection and review, the Building Inspector shall, by letter to the
Village Clerk and a copy to the applicant, either authorize issuance of the
license or deny same with the reasons for such denial. The denial of such
license shall be subject to the review by certiorari.
B.
Within five working days of the receipt of said letter
by the Village Clerk, the license, if authorized, shall be issued by the Village
Clerk.
C.
If the license is denied, 25% of the paid license fee
shall be returned to the applicant, the balance going to offset the costs
of the application review.
A.
The licensee shall not permit any individuals to bet
or gamble on the premises in which the game room is situated.
B.
The licensee shall at all times maintain good order and
shall not permit any disturbance, congestion or loitering upon the premise
in which the game room is situated.
C.
No game room shall be without sanitary facilities as
required by local or state law or contain any fire, safety or health hazard
prohibited by local or state law.
D.
No licensee shall refuse to cooperate fully with the
Village Clerk or any law enforcement officer or agency or the Village Building
Inspector.
E.
Possession or consumption of alcoholic beverages except
upon premises licensed for on-premises possession or consumption is prohibited.
F.
The owner or operator of a game room shall not allow
it to be open or used unless it is under the control and supervision of a
person at least 18 years of age who shall ensure that it is operated in compliance
with these regulations.
G.
No cash awards shall be offered or given in any contest,
tournament, league or individual play on any amusement game.
If any person shall have on premises under his control more than four
amusement games on the effective date of this chapter, the person shall apply
for a game room license within 30 days after such effective date. The utilization
of the amusement games by such person shall be permissible without a license
pending a final determination by the Building Inspector on the application
in accordance with the procedures prescribed in this chapter.
All officers of the Village Police Department and the Village Building
Inspector are authorized to enforce the provisions of this chapter.
A.
Every license issued hereunder is subject to revocation
by the Village Board for the violation of any of the provisions of this chapter.
Any material misstated or omitted in the license application shall constitute
grounds for revocation. The revocation shall occur only after a hearing.
B.
The licensee shall be given 10 days' notice of the date
of such hearing, and such notice shall state the grounds therefor. At such
hearing, the licensee may submit pertinent information on his own behalf.
A.
Violations. Any person or persons, firm or corporation
violating any of the provisions of this chapter shall be guilty of an offense
punishable by a fine of not less than $50 but not to exceed $250 or imprisonment
not to exceed 15 days, or by both such fine and imprisonment. Each week's
continuous violation shall constitute a separate, additional violation. The
Village Board shall have such other remedies as are allowable by law.
B.
Complaints. Whenever a violation of this chapter occurs,
any individual may file a complaint. Such complaint shall be in writing and
shall be filed with the Building Inspector. Such complaint shall be immediately
investigated and a written report thereon filed with the Village Board within
30 days.
C.
Civil action. In addition, the Village Board may authorize
the institution of any appropriate civil action, including an action for injunction,
for the purpose of enforcing this chapter.
