[HISTORY: Derived from Articles II and XI of Chapter 11 of the 1975
Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Any place in which is maintained or operated for the amusement, patronage
or recreation of the public any coin-controlled amusement device or game,
as herein defined.
Any mechanical amusement device or any machine, contrivance or device
which, upon the insertion of a coin, slug, token, plate, disc or key into
any slot, crevice or other opening, or by payment of any price, operates or
may be operated by the public, generally for use as game, ride, entertainment
or amusement, whether or not registering a score. It shall include, but not
be limited to, such devices as marble machines, pinball machines, skill ball,
mechanical grab machines, mechanical rides, including mechanical hobby horses,
and jukeboxes.
Any music vending machine, contrivance or device which, upon the
insertion of a coin, slug, token, disc or key into any slot, crevice or other
opening, or by the payment of any price, operates or may be operated for the
emission of songs, music or similar amusement.
Any machine, contrivance or device which, upon the insertion of a
coin, slug, token, disc or key into any slot, crevice or other opening, or
by the payment of any price, operates or may be operated to afford the public
generally with any ride, amusement or any other entertainment.
Any person who owns, places, distributes or locates an amusement
center game in any place in which it is operated for the amusement, patronage
or recreation of the public.
Any person who owns the place of business in which an amusement center
game shall be located and who will be responsible for payment of amusement
center license fees.
No person shall maintain or operate an amusement center without first
having obtained a license so to do. The licensee shall be of good moral character
and shall maintain good order therein.
The City Clerk shall issue such license for maintaining or operating
an amusement center upon payment of the license fee, as set by resolution
from time to time by the Common Council of the City of Oneonta, for the calendar
year of issuance. Such license shall expire on December 31 following its issuance.
Any such license may be revoked by the City Clerk for violation of any of
the provisions of this chapter.
A.
No person shall act as owner or operator of any amusement
center game without first having obtained a license to do so. The license
fee shall be paid by the owner of the establishment where the device, machine
or contrivance is in or is to be placed in operation. Licensee shall be of
good moral character, and his ownership or operation shall comply with all
laws of the State of New York applicable thereto.
B.
Exception.
(1)
The sole exception to this license requirement, however,
shall be a civic or charitable organization which, to the satisfaction of
the City Clerk, meets the following criteria:
(a)
That the organization is, in fact, a recognized civic
or charitable organization.
(b)
That all proceeds shall be used for recognized charitable
purposes or to benefit disabled, handicapped or needy individuals.
(c)
That the use of the game by the civic or charitable organization
shall not exceed 14 days in any calendar year.
(2)
Upon application to the City Clerk, if the civic or charitable
organization does not serve alcohol on its premises, the organization shall
be exempt from the license fee.
A.
Issuance and expirations. The City Clerk shall issue such license, as provided in § 64-4, upon payment of the annual license fee of $50 per year for each game or jukebox. Such license shall expire on December 31 following its issue. An owner or operator of a licensed game or jukebox may substitute a different game or jukebox for the licensed game or jukebox during the term for which the license is issued without payment of an additional fee upon notification of the substitution given to the City Clerk prior to the substitution being made. Any such license may be revoked by the City Clerk for the violation of any of the provisions of this chapter.
B.
Grounds for denial or revocation. No license shall be
issued under this chapter to any person who has been convicted of a crime
or of any gambling offense against the State of New York or the City of Oneonta,
and in the event of any such conviction subsequent to the issuance of any
such license, said license shall be immediately and automatically revoked.
It shall be unlawful to place any amusement center game in any place
which is not licensed as an amusement center.
No license shall be transferred from one location to another.
Every owner or operator of an amusement center game shall, within 24
hours of the placement of any such games in the city, notify the Chief of
Police, in writing, of such placement and shall state the serial number and
name of each game and the name of the holder of the license for the amusement
center in which said game is placed.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.
