[HISTORY: Adopted by the Town Board of the Town of Niagara 12-15-1981
by L.L. No. 3-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 245.
The unrestricted establishment of commercial gamerooms and arcades would
pose substantial hazards to the peace, comfort, health, safety and welfare
of town residents. Likewise, the unregulated proliferation of games and other
amusement devices as incidental uses within established business premises
would pose equally serious problems in the maintenance of an orderly and peaceful
flow of commerce, in the preservation of the public safety and welfare and
in the promotion of legitimate and necessary uses within the business community.
It is the purpose of this chapter to assure the protection and preservation
of the town's comprehensive planning; the safeguarding of the general
health, welfare, morals and comfort of the town citizenry; and the restriction
and prohibition of certain unsuitable uses which, by their nature or evolution
within the community, would seriously impede or adversely affect proper land
use and development, the efficient delivery of essential municipal services,
the orderly regulation of pedestrian and vehicular traffic and the reasonable
enjoyment of recreational activity within the community as a whole.
For the purposes of this chapter, and all amendments or additions hereto,
the following words and phrases shall have the meanings described herein as
and whenever the same shall appear in this article:
Any electric, mechanical, computerized, electronic or other device,
machine or implement which is either designed and intended, or used, operated
or maintained, as a game, amusement or means of entertainment, including but
not limited to the following: pinball machines, shooting galleries, computerized
games, electronic games, skillboards, billiard or pool tables, electronic
bowling or shuffleboard tables, tabletop bowling alleys and casino-type games.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for commercial
or business purposes in or upon any premises within the town except in conformity
with the provisions of this chapter and only after having previously obtained
all licenses and permits as required herein, except as otherwise provided
herein.
B.
Exemption. Any commercial or business enterprise which
has three or fewer amusement devices shall be exempt from the requirements
of this chapter, provided that such are located on a premises in a business
district.
C.
A premises permit shall be required for each building,
facility, structure or other premises in which games or amusement devices
are owned, leased, stored, possessed, used, operated or maintained for business
or amusement device so owned, leased, stored, possessed, used, operated or
maintained in or upon any such premises.
D.
Applications for permits and licenses shall be made in
writing on forms provided by the Code Enforcement Officer and shall be filed
in the offices of the Town Clerk and Code Enforcement Officer during regular
business hours. Every such application shall provide for such information
as the Town Board may, from time to time, direct or require by rule, resolution
or order. No application shall be accepted for filing unless fully completed,
signed and notarized and unless accompanied by payment of all application
fees provided for elsewhere in this section.
E.
No license or permit may be granted or issued pursuant
to this section unless and until all of the provisions of this chapter are
fully complied with. In addition to the foregoing requirement, the Town Board,
as licensing body, shall consider the following factors before passing upon
any application hereunder:
(1)
The possible effects on the public health, peace, safety,
comfort and welfare, including but not limited to the size, floor area, design
and location of the premises.
(2)
The nature and type of game or amusement device proposed
to be used.
(3)
The proposed hours and days of operation.
(4)
The proximity of residential uses.
(5)
The impact on municipal services, facilities and public
areas.
(6)
Compatibility with surrounding business uses.
(7)
Potential increase in pedestrian and vehicular traffic.
(8)
The adequacy of existing and proposed firesafety devices,
such as sprinklers, alarms, extinguishers and fire exits.
(9)
The potential for increased noise and other noxious disturbances.
(12)
Provisions for security and supervision of the premises.
F.
Issuance of license; expiration; renewal.
(1)
In the event that the Town Board shall deem it advisable
to grant the application for a permit or license, the Code Enforcement Officer,
after payment of the annual fees for licenses and permits provided for elsewhere
in this section, shall issue the appropriate license and/or permit. Licenses
and permits shall be issued on an annual basis only and shall expire on December
31 next succeeding the date of issuance thereof, and no such license or permit
shall be transferable.
(2)
In the event that a license or permit issued hereunder
shall not be renewed, and the annual renewal fee paid therefor on or before
February 15 next succeeding the date of expiration of such license or permit,
then the same shall be null and void and shall not be renewed by the Code
Enforcement Officer and shall be of no further force or effect, and the holder
thereof shall be required to file a new application and pay a new application
fee before any such license or permit may be validly reinstated by the Town
Board and lawfully reissued and renewed by the Code Enforcement Officer.
G.
Fees.
(2)
The Town Board may, from time to time, amend, repeal,
abolish or otherwise modify any fee provided for herein by order or resolution
of the Town Board. Except for good cause shown, and unless specifically provided
for therein, no such order or resolution shall be retroactive, in either its
effect or application, from the date of its adoption.
A.
It shall be unlawful for any person to own, lease, store,
possess, use, operate or maintain any game or amusement device for business
and commercial purposes within the town, and no license or permit shall be
granted or issued therefor, within any of the following restricted locations
or premises:
(1)
Any area of the town which is zoned for a use classification other than "business" classification under Chapter 245, Zoning. In the event that an applicant desires to locate such a game or amusement device in an area classified as heavy industrial or light industrial, then a variance shall be required from the Zoning Board of Appeals.
(2)
Any area within a five-hundred-foot radius of any school,
nursery, day-care center, church, synagogue, public park or playground, library,
hospital or clinic, public building, animal hospital or shelter, community
center or medical or veterinarian offices or within 100 feet of any residential
dwelling.
(3)
Any area within a two-hundred-fifty-foot radius of any
place or premises, other than a bar or bar-restaurant, in which any game or
amusement device is currently and lawfully used, stored, owned, leased, possessed,
operated or maintained under a valid license or permit issued pursuant to
this chapter.
(4)
Within or upon any place, premises or building, any part
or portion of which is designed, constructed, altered, intended, used or maintained
as or for a residential dwelling or apartment, whether or not the same shall
be segregated from the remainder of such premises, and whether or not the
same shall be located on the same or a different floor of such building or
premises as the remaining portion thereof.
B.
The provisions of this section shall not apply to any
establishment actually licensed by the town for the use, operation or maintenance
of any game or amusement device installed and in operation prior to the effective
date of this chapter, solely in respect to any such game or amusement device
actually covered under the provisions of any such license or permit, for a
period of one year from the effective date of this chapter. Upon the expiration
of the term provided for herein, this section shall apply fully, with equal
force and effect, to every person, place, premises and building within the
town; in the event that new machines or devices are added to an existing permitted
use, then this chapter shall apply to the entire premises, and permit application
fees shall be immediately due for all such machines.
Every game and amusement device within the town shall be so situated
and placed within and upon a premises that it shall not:
A.
Block or otherwise obstruct any window, door, doorway,
ventilating duct, fire exit, boiler, furnace, radiator or other heater device,
stairs or stairway, toilet or other sanitary facility;
B.
Obstruct, encumber or otherwise interfere with the free,
clear passage of any person into, through or from such premises;
C.
Have an open, unobstructed area surrounding such game
or device, from floor to ceiling, or less than three square feet, measured
from each of the actual exterior sides of every such game or device, except
the one side (and no more than one) which is placed near or against a wall
or partition; or
D.
Have an area of less than 750 square feet for the total
premises.
Each original application for a premises permit or license may be referred
for study to the Town Planning Board by the Town Board. The Planning Board
shall report and recommend to the Town Board within 60 days of such referral.
A.
If the Code Enforcement Officer determines that a holder
of a permit authorized under this chapter is in violation of any of the provisions
of this chapter, or the conditions of a permit issued hereunder, the Code
Enforcement Officer shall notify such holder of a permit by registered letter
specifying the violation. Such letter shall be forwarded to the address indicated
on the application for the permit. If, within a period of 10 days, the holder
of the permit does not cure said violation, the Code Enforcement Officer may
take the following action:
B.
If the violation is not cured within the ten-day period,
the permit shall be considered null and void. Any decision by the Code Enforcement
Officer may be appealed to the Zoning Board of Appeals pursuant to the Town
Law of the State of New York.
Insofar as it may conflict with other provisions of any other law, ordinance,
rule, order or regulation, this chapter, and all amendments, codifications
and recodifications hereof, shall be deemed to supersede and take precedence
and control over every such contrary provision, but only to the extent and
degree necessary to effect the purposes of this chapter and carry
out its provisions, and for no other reason.
Any persons, firm or corporation violating this chapter shall be punished
by a fine of not more than $250 and/or 15 days imprisonment. Each and every
day where such violation persists shall be considered a separate and distinct
offense.
