[HISTORY: Adopted by the Board of Trustees of the Village of Bronxville 5-6-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
The Village of Bronxville, New York, recognizes that the use and ownership of amusement devices must be adequately controlled so as to prevent public disorder, nuisance, loitering and other acts detrimental to health, safety and welfare of the resident of the Village of Bronxville and, in particular, to protect the adolescents of the village against the evils associated with gambling. This chapter is intended to provide such control and regulation.
For the purposes of this chapter, the following definitions shall apply:
AMUSEMENT DEVICE
Includes any coin- or token-operated computer electronic amusement device of the type commonly known as "video games."
PERSON
Includes one or more individuals, a partnership, company, corporation, association, society or any other legal entity, and any officer, agent, servant or employee of the foregoing in charge of the premises hereinafter mentioned.
PREMISES
Includes any parcel of land, building, structure, vehicle or any other place where an amusement device may be kept, maintained, exhibited, used or operated.
A. 
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling device whatsoever or any mechanism that has been judicially determined to be a gambling device.
B. 
No licensed amusement device under this chapter shall be operated or devoted or permitted by the licensee, holder of a license or any person in responsible charge of the premises to be operated or devoted for or to any use or purpose prohibited by law.
C. 
No cash awards shall be made in any contest, tournament, league or individual play on any game maintained or operated in any premises and no amusement device shall be permitted to operate if said device delivers to the player coins or slugs or metal tokens on certain scores, if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York or if said device may be readily converted to deliver to the player such coins, slugs or metal tokens if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York.
No person shall keep, maintain, use or exhibit or permit to be kept, maintained, exhibited, used or operated in or upon any premises in his possession or under his control within the village a manually or mechanically operated amusement device, as herein defined, used or designed in whole or in part for the amusement, entertainment or recreation of the public, without first obtaining a license therefor from the Village Clerk as provided in this chapter, except that this prohibition shall not apply to vendors whose business is the placing of such devices on location.
A. 
A verified application in duplicate shall be made by any persons desiring a license required by this chapter to the Village Clerk for such license, upon blanks to be furnished by him giving the location by street and number where the amusement device is sought to be licensed, the nature and use of the premises upon which the amusement device is proposed to be kept, maintained, exhibited or operated, the number of such devices already licensed and sought to be licensed upon the same premises, and such further information as the Village Clerk may require.
B. 
The application shall also contain a complete statement indicating whether or not any previous application has been made hereunder, whether any license has been received, refused, suspended or revoked, with the circumstances thereof.
The Village Clerk is hereby authorized, in his discretion, to issue the license required by this chapter upon the terms and conditions prescribed in this chapter.
The application for a license under this chapter shall be referred by the Village Clerk to the Chief of Police for his investigation and recommendation as to approval or disapproval, and he shall forward his recommendation in writing to the Village Clerk. No such license shall be issued without approval of the Chief of Police. The Chief of Police shall cause such inquiries, inspections and investigations to be made as he deems necessary to carry out the intent and purpose of this chapter, including but not limited to the device sought to be licensed or which shall be licensed, the premises upon which such device is proposed to be or shall be located and the moral character of the applicant or any person in responsible charge of such premises. In order that the intent and purpose of this chapter shall be carried out, the control and regulation of such devices shall be under the supervision of the Police Department, and members of the Department may, at any and all times when such premises are open, visit the same and make an inspection thereof.
[Amended 3-13-1989 by L.L. No. 4-1989]
Prior to the issuance of any license under this chapter, the Village Clerk shall collect the fee as established by resolution of the Board of Trustees for each amusement device on the premises.
No more than two amusement devices shall be licensed under this chapter for maintenance, exhibition or use in the same premises at any one time.
Each license issued under this chapter shall expire the first day of January next succeeding its issuance, unless sooner revoked by the Village Clerk.
A. 
No license issued under this chapter shall be transferred to any person or location other than those persons and locations stated in the application thereof.
B. 
Each additional amusement device to be installed is subject to all the provisions of this chapter, including the payment of all additional fees as may be due.
Any license granted under this chapter may be revoked by the Village Clerk for any of the following:
A. 
The violation of any of the provisions of this chapter.
B. 
The violation of any law, ordinance, rule or regulations of any agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.
C. 
The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed device.
D. 
Otherwise, for cause.
If the Village Clerk determines that the license required under this chapter should be revoked or refused, the Village Clerk, within five days of such determination, shall notify the licensee in writing of the reasons for the determination, specifying, in the case of revocation, that the license will be revoked 25 days after the date of the notice. The licensee or applicant, within 15 days of the date of the notice of revocation or refusal from the Village Clerk, may, in writing, request a hearing before the hearing panel to determine the appropriateness of the Village Clerk's determination.
A. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment.
B. 
Each day's maintenance, exhibition or use of any amusement device in violation of the provisions of this chapter shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who, on the date of the adoption of this chapter, permits the operation of, or maintains for operation, more than two amusement devices on his or her premises may continue as a nonconforming use until May 1, 1983, at which time such nonconforming use shall cease or be changed to a conforming use.