[Added 11-4-1991 by L.L. No. 4-1991]
No pinball, bagatelle or other mechanically or electronically controlled or manually operated amusement device shall be kept, maintained, used, exhibited or operated in or upon any premises within the Village of Brightwaters unless the owner of such device and the person upon whose premises or in whose possession and control such machine or device shall be kept, maintained, used, exhibited or operated shall first procure a license therefor as hereinafter provided.
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT DEVICE
Includes but is not limited to the type of machine commonly known as a "bagatelle," "baseball," "football" or "pinball" game. This article, however, shall exclude any device, the possession or use of which is prohibited by law.
OWNER
Includes the individual or individuals, partnership, company, corporation or association who or which places or operates such machine or device or by or under whose direction such machine or device is placed within the corporate limits of the Village of Brightwaters, whether or not legal title to such machine or device is in such individual, partnership, company, corporation or association.
PERSON
Includes one or more individuals, a partnership, company, corporation, association or society, and any officer, agent, servant or employee of the foregoing, who shall license, lease, rent, sell, install or otherwise dispose of or display, keep, maintain, use or exhibit, in the Village of Brightwaters, amusement devices, as hereinabove defined, or who shall be in responsible charge of the premises hereinafter mentioned.
PREMISES
Includes any parcel of land, building, structure, vehicle or any other property or part thereof.
A. 
In addition to all other information and requirements as otherwise specified in Article I, all persons required to obtain a license pursuant to this article shall furnish the following additional information on their application for a license:
(1) 
The name and address of the manufacturer of the device and the manufacturer's number, if any.
(2) 
The number of the premises where the device is sought to be kept, maintained, used, exhibited or operated and the nature and use of such premises.
(3) 
The number of such devices already licensed upon the same premises.
(4) 
A complete statement indicating whether or not any previous application has been made for a license hereunder and whether any license hereunder has been received, refused, suspended or revoked and, with the circumstances thereof.
(5) 
Such further information as the Village Clerk or the Board of Trustees may require.
B. 
A license shall be procured by the person upon whose premises the machine or device is to be kept, maintained, used, exhibited or operated.
A. 
The license fee for each person owning one or more machines or devices within the corporate limits of the Village of Brightwaters shall be as set by resolution of the Board of Trustees from time to time.
B. 
The license fee for each person upon whose premises or in whose possession and control such machine or device is to be kept, maintained, used, exhibited or operated shall be as set by resolution of the Board of Trustees from time to time for each such machine or device.
C. 
Such license shall be procured for each such machine or device and shall not be transferable, except that the owner of such machine or device may substitute, in the same premises for which such machine or device has been licensed, another machine or device upon payment to the Village Clerk of a fee as set by resolution of the Board of Trustees from time to time. Upon payment of such fee, there shall be endorsed upon the license issued the information as to such substituted machine or device as required in § 75-29 hereof. Such endorsement shall be signed by the Village Clerk.
D. 
The person upon whose premises or in whose possession and control such machine or device is kept, maintained, used, exhibited or operated may move such machine to a different location upon obtaining from the Village Clerk an endorsement upon his license showing the new location to which such machine is to be moved and upon the payment of a fee as set by resolution of the Board of Trustees from time to time to the Village Clerk.
[1]
Editor's Note: The current fee schedule is available from the Village Clerk at the Village offices during regular office hours.
The supervision, regulation and control of such machines shall be vested in the Mayor of the Village of Brightwaters or a person so designated.
No such licensed machine or device shall be operated or devoted or permitted to be operated, devoted or used for any purpose prohibited by law.
No more than three such machines or devices shall be kept, maintained, used, exhibited or operated in any one place or premises.
No license shall be issued to any person who shall have been previously convicted of any crime.
A. 
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.
B. 
Each day's maintenance, exhibition or use of any such machine or device in violation of the foregoing sections shall constitute a separate offense.