City of Poughkeepsie, NY Article V Coin-Operated Amusement Devices

Section 3-84 Statement of policy.

[Two Ords. of 12-15-1981; Ord. of 1-3-1994, § 1]

(a) It is hereby declared as the policy of the City of Poughkeepsie that it is necessary to regulate and control the operation of coin-operated amusement devices for the purpose of fostering and promoting the public order, including but not limited to the public interests, hereinafter set forth. The Common Council has been made aware of crowd congestion in and near establishments which have as their principal source of business the playing of coin-operated amusement devices, including electronic and computerized game machines, and the Common Council hereby determines that such crowded conditions tend to threaten the orderly conduct of business in such establishments as well as in other nearby businesses. Such crowded and noisy conditions also disturb persons passing by on the sidewalks, as well as in adjacent and nearby residences. The Common Council further determines that a particularly large segment of those playing the machines are teenagers, some of whom patronize such establishments during school hours rather than attend required school classes and thereby undermine their health and welfare as well as place an unnecessary financial and social cost on the taxpayers of the City of Poughkeepsie.

(b) The Common Council thus declares that the above-stated policy will best be carried out by establishing the registration procedure set forth in this Article and that such registration procedure is necessary and will enhance the public's health, safety and order by reasonably providing safeguards for the community in the conduct of such businesses. It is further determined that the registration fee of $100 per establishment is reasonably related to the city's cost of implementing and enforcing the registration requirements. The Common Council determines that the concerns set forth above are increased as the number of devices in a location is increased. The Common Council further determines that the principal purpose of a business is more likely to be the business of operating such devices as the number of devices is increased in a location. The Common Council also notes that establishments, such as bars and restaurants with liquor licenses and which have a limited number of such devices, not to exceed four, are adequately supervised through the licensing power of the State Liquor Authority and Local Alcoholic Beverage Control Board so that further local regulation through this Article does not seem necessary to promote the public's health and welfare. Based on all of the preceding, the Common Council determines that the registration procedures should apply to establishments having five or more devices.

(c) Finally, it is determined that the registration procedure provide a right of appeal so that any alleged improper denials or revocations may be considered further and thereby resolved.

Section 3-85 Registration of proprietors of coin-operated amusement devices.

[Two Ords. of 12-15-1981; Ord. of 1-3-1994, § 2]

(a) Definitions. For the purpose of this section, the following terms shall have the meanings indicated:

COIN-OPERATED AMUSEMENT DEVICE

Any amusement machine or device operated by means of the insertion of a coin, token or similar object, including electronic and computerized games machines, for the purpose of amusement or skill and for the playing of which a fee is charged, and which contains no automatic payoff device for the return of money, token or similar object, and which makes no provision whatever for the return of money to the player. The term "coin-operated amusement device" shall not include any machine primarily designed for the vending of recorded music in return for the insertion or deposit therein of a coin or token or similar object.

PROPRIETOR

Any person, firm, corporation, partnership, association or club having under his, her or its control any establishment, place or premises in or at which five or more such devices are placed for use or play or on exhibition for the purpose of use or play.

(b) Registration certificate required. No person, firm, corporation, partnership, association or club shall install, operate or maintain five or more such coin-operated amusement devices in any establishment, place or premises without first having obtained a registration certificate therefor.

(c) Application for a registration certificate.

(1) Application for a registration certificate shall be made to the City Chamberlain, City of Poughkeepsie. The registration fee for each proprietor as herein defined shall be $100 per year, per establishment. All yearly registration fees shall be paid in advance on or before the first day of January. In no case shall any portion of said registration fee be returnable.

(2) In the event that an establishment containing coin-operated amusement devices, not previously registered, begins operations after July first of any year, a registration in the sum of 1/2 of the annual fee shall be paid to and collected by the Chamberlain from the proprietor of such new establishment.

(3) Application for a registration hereunder shall be filed, in writing, with the Chamberlain on a form to be provided by the Chamberlain and shall specify:

a. The name and residence address of the applicant-proprietor and, if a firm, corporation, partnership, association or club, the principal officers thereof and their residence addresses.

b. The address of the premises where the devices are to be operated, together with a description of the character of any business, in addition to the operation of such devices, to be carried on at such place.

c. The number of devices located in the establishment.

(4) The full registration fee shall accompany such application and be presented to the Chamberlain who shall make or cause to be made such investigation as the Chamberlain deems necessary. A registration certificate authorized by this Article shall not be assignable or transferable and shall be renewed annually by filing with the Chamberlain an application form accompanied by the fee.

(d) Denial of registration certificate. When an application for a registration certificate does not meet the requirements of this section, the Chamberlain shall refuse to issue a registration certificate, stating, in writing, the reasons for denial. The applicant may appeal to the City Administrator from the determination by the Chamberlain by filing with the City Administrator a written notice of appeal within 30 days of the Chamberlain's denial. The City Administrator shall conduct an informal hearing on the appeal, and his or her written decision shall constitute final city action on the appeal.

(e) Revocation of registration. If it shall appear at any time that the application is in any material respect false or misleading or that the proprietor or the operation of the device is in violation of any provision of this Article or any other law of the State of New York or local laws or ordinances relating to the premises or activities being conducted therein, the Chamberlain may, after notice and informal hearing, revoke said registration. The proprietor may appeal to the City Administrator from the determination by the Chamberlain by filing with the City Administrator a written notice of appeal within 30 days of the Chamberlain's revocation. The City Administrator shall conduct an informal hearing on the appeal, and his or her written decision shall constitute final city action on the appeal.

(f) Devices and registration certificate to be kept in plain view; gambling devices prohibited. All such devices shall at all times be kept in plain view of any person who may frequent or be in the place of business where such devices are kept or used. No machine or device shall be so placed as to block any passageway or means of egress or ingress. The registration certificate for each establishment shall be prominently displayed and indicate the number of amusement devices permitted on the premises. Nothing in this Article shall be construed to authorize, permit or license any gambling device of any nature whatsoever.

(g) Penalty. Any person who shall violate this Article or any provisions thereof shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than $250 or imprisonment not exceeding 10 days, or by both such fine and imprisonment. Each day of violation shall constitute a separate offense and grounds for punishment as such. Each separate establishment of a proprietor which lacks such registration certificate or which does not display such registration certificate as required by Subsection (f) hereof shall constitute a separate offense and be grounds for punishment as such.

(h) Registration. The registration certificate issued by the City Chamberlain is merely a registration of the coin-operated amusement devices for purposes of notice to the public, and the extent to which any other laws, rules or regulations or provisions of this Code of Ordinances require approvals or permits for the operation of establishments with coin-operated amusement devices, the proprietor must obtain said approvals and/or permits and comply with said laws, rules and or regulations prior to the operation of the coin-operated amusement devices in said establishments.

(i) Savings clause. If any section or provision of this Article shall be declared to be unconstitutional, it is the expressed legislative intent that no other section or provision hereof be thereby affected.