[HISTORY: Adopted by the Town Board of the Town of Haverstraw 1-24-1983
as L.L. No. 1-1983 (Ch. 2 of the 1966 Code). Section 52-11
amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any mechanical, electronic, video or computerized machine which,
by means of a lever, switch, electric current or insertion of a coin, token,
slug, plate, disk or other article into a slot, crevice, opening or attachment
connected with or forming a part of such machine, effects the operation thereof
for use as a game, contest or amusement or which may be so used; provided,
however, that jukeboxes or similar amusement devices used for the reproduction
of music or sound only shall not be considered "devices" for purposes of this
chapter.
An individual, partnership, joint venture, society, association,
club, corporation or unincorporated group, or any members, officers, directors,
agents, employees or stockholders or any kind of personal representative thereof,
in any capacity, acting for himself or for any other person under either personal
appointment or pursuant to law.
Any public or quasi-public place, space, room, enclosure, building
or store where the public may enter, but not including lands or facilities
of the town or lessees of the town.
A.
It shall be unlawful for any person to have in his possession
or control or to install, operate, maintain or permit to be placed in any
premises, room, space, enclosure or building owned, leased or occupied by
him or under his management or control any machine, apparatus or device commonly
known as a "pinball machine" or any device or electronic or video game or
any other machine or device commonly known as a "pool table," "football table"
or "skittleball" or any other device defined herein without a license therefor
first having been obtained.
B.
The fee for such license shall be $100 per year or any
major (six months or more) portion of a year, per device, and $100 per year
or any major (six months or more) portion of a year, for each additional device.
The license fee shall be half for any portion of a year of six months or less.
C.
Licenses shall be issued commencing April 1.
D.
Licenses shall be transferable from one device to another,
provided that an application for such transfer is filed with and approved
by the Town Clerk, and the fee for such a transfer application shall be $25
for each such application.
E.
The Town Board may waive any fees set forth in this section
for processing license applications.
A.
Any adult person desiring to locate an amusement device
or having such a device in his possession or control within the Town of Haverstraw
shall apply to the Town Clerk of the Town of Haverstraw for a license for
the same.
B.
The application shall contain at a minimum the following
information:
(1)
Name and address of the applicant.
(2)
Address of the premises.
(3)
If the applicant is not the owner of the device, the
name and address of the owner of the device.
(4)
Name and address of the landlord of the premises.
(5)
Name and address of the tenant of the premises.
(6)
Type of device.
(7)
Floor plan, with dimensions, of the premises, showing
the proposed location of the device thereon.
(8)
Serial number of the seal attached to the device or other
identifying information.
A.
No license shall be issued to any person when he or the
person owning or leasing the premises where the device is or is to be located
has been convicted of a crime or of any drug or gambling offense against the
laws of New York State; and in the event of any such conviction subsequent
to the issuance of said license, or the proof of any prior or subsequent conviction
submitted to the Town Clerk, said license shall be immediately revoked.
B.
Before issuance of a license, the Town Clerk shall obtain
approvals from the following town departments:
A.
The applicant shall submit a sketch, at a scale of one
inch equals 10 feet, showing the physical location of proposed amusement devices
and the relationship to other described activities within the place of business.
B.
Amusement machines shall not be located as to obstruct
aisleways, entranceways, exits or fire extinguishers.
C.
No license shall be issued for any device in less than
150 square feet of premises.
D.
No license shall be issued for any devices located within
750 feet of any property line of a public or private school, house of worship
or library.
E.
The Building Inspector may waive the requirements of
this section with respect to machines that have been in operation prior to
the enactment of this chapter, but upon any change of machines, all of the
regulations herein shall apply.
The use of all machines shall be supervised by the owner or operator
of the establishment where the machines are located or by a designated adult
employee.
A.
Upon proper application, approval by the Town Police
Department and approval by the Town Building Inspector, together with submission
of the appropriate fees, the Town Clerk shall issue a license.
B.
Licenses issued under the provisions of this chapter
shall expire on March 31 of each year and shall be renewed by the Town Clerk
upon receipt of a renewal application and a renewal fee in the amount then
prevailing for the period of renewal.
Upon issuance of the license, the Clerk shall also issue a seal for
each device so permitted. Said seal shall contain the name of the applicant
and the permit number and expiration date. The seal shall be affixed to the
device in a prominent place by the applicant.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not to exceed $250 per
device or by imprisonment for a term not to exceed 15 days, or by both such
fine and imprisonment. The continuance of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
This chapter shall be enforced by the Police Department, the Building
Inspector or Fire Inspector of the Town of Haverstraw and/or such other officials
authorized by law.
The issuance of any license hereunder shall in no manner be construed
as an approval of, waiver of or compliance with any requirements of the Town
of Haverstraw Zoning Code[2] or the New York State Uniform Fire Prevention and Building Code.