[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:
Includes any coin- or token-operated computer electronic amusement
device of the type commonly known as "video games."
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.
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.
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.
