[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
9-20-1993 by L.L. No. 9-1993. Amendments noted where applicable.]
As used herein, the following words shall have the meanings set forth
below:
Any machine which, upon the payment of a charge or upon the insertion
of a coin, slug, token, plate or disc, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score. It shall include but is not limited to such devices as marble machines,
pinball machines, skill ball, mechanical grab machines, electronic bowling
machines, electronic baseball, football, hockey or basketball machines, video
games, any and all air-propelled machines or games, pool tables, shooting
games and all games, operations or transactions similar thereto, under whatever
name they may be indicated, whether or not electronically operated. This definition
shall be deemed to include the terms "machine" or "device," where such terms
are used herein. This definition shall not include musical entertainment devices,
commonly referred to as "jukeboxes."
Includes the following: any person, firm, corporation or association
which owns, rents or leases any such machine; the person, firm, corporation
or association in whose place of business any such machine is placed for use
by the public; and the person, firm, corporation or association having control
over such machine.
Any parcel of land, building, structure, vehicle or any other place
where an amusement device may be kept, maintained, exhibited, used or operated
for a fee.
No licensed device under this chapter shall be operated or permitted by the licensee or any person in charge of the premises wherein the device is located to be operated for any use or purpose prohibited by federal, state or local law. In addition, such amusement device shall be incidental to the primary use of the premises as allowed by Chapter 305, Zoning, of the Code of the Village of Tarrytown, which primary use shall not be for the exhibit, offering or use of any such amusement devices.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device, as defined herein by § 77-1, shall be required to obtain a license from the Village of Tarrytown upon payment of a license fee. Application for such license shall be made to the Village Clerk upon a form to be supplied by the Clerk for that purpose.
A.
The application for such license shall be made to the
Village Clerk on forms provided by the Clerk and shall contain the following
information:
(1)
The name, business and home address, age and date of
birth of the applicant. No license shall be issued to any applicant unless
he shall be over 21 years of age.
(2)
Home telephone number and business telephone number.
(3)
Prior criminal convictions of the applicant, if any.
(4)
The location, by street and number, of the place where
the amusement device is sought to be licensed.
(5)
The floor plan of the place where the machine or device
is to be displayed or operated.
(6)
The nature and use of the premises upon which the device
is proposed to be kept, maintained exhibited or operated.
(7)
The number of such devices already licensed.
(8)
The number sought to be licensed upon the same premises.
(9)
A description of the machine to be covered by the license,
including:
B.
The application shall also contain a statement indicating
whether any previous application had been made for an amusement device license
and whether such license had been issued. If a previous license had not been
issued after an application was made, or if a previous license had been suspended
or revoked, the applicant must explain the circumstances thereof in detail.
C.
The application shall contain an oath as to the truthfulness
of the information contained therein.
A.
The application for a license hereunder shall be made
out in four copies, one copy to be referred to the Chief of Police, one copy
to the Building Inspector, one copy to the New York State Board of Fire Underwriters
or other qualified inspection agency approved by the village and one copy
to be maintained by the Clerk.
(1)
The Chief of Police shall review the application proposing
to operate such machine and the information contained therein and shall recommend
approval only where such approval is in the best interests of the public health,
safety and welfare.
(2)
The Building Inspector shall investigate the establishment
and location where the machine is proposed to be located for compliance with
applicable zoning, building and fire code regulations and shall recommend
approval only if said location and establishment complies in all respects
with said regulations.
(3)
The New York Board of Fire Underwriters or other qualified
inspection agency approved by the village shall inspect all wiring and connections
to the machine, determine if the same complies with the National Electrical
Code and approve the application only if it finds no violations of said code.
B.
At the conclusion of such investigation, the Chief of
Police, the Building Inspector and the New York Board of Fire Underwriters
or other qualified inspection agency shall render a written report to the
Village Clerk regarding their findings. Each party may include in his report
recommended conditions for approval of the license.
C.
Within 30 days after the receipt of the reports, the
Mayor shall determine whether or not to grant such application. The Mayor
may deliberate on the following when considering an application for a mechanical
amusement device:
(1)
The reports issued pursuant to this section by the Chief
of Police, Building Inspector and New York Board of Fire Underwriters or other
qualified inspection agency.
(2)
Conformance of the premises with this chapter and all
laws and regulations of the State of New York and the Village of Tarrytown.
(3)
The impact of the mechanical amusement device(s) on the
surrounding area.
(4)
The impact of the mechanical amusement device(s) on the
public's peace, health, safety and welfare.
D.
Any applicant whose application for license has been
denied shall have the right to appeal said decision to the Board of Trustees
of the Village of Tarrytown, and the same may be granted or refused by said
Board, in its discretion. The request for appeal shall be in writing to the
Village Clerk within 30 days of the date of refusal of the application by
the Mayor.
A.
Every applicant, before being granted a license, shall
pay an annual license fee for the privilege of operating or maintaining for
operation each mechanical amusement device, as defined herein, and further,
shall pay a separate annual license for maintaining premises that contain
said devices.
B.
Each license granted hereunder shall be granted for an
annual term running from June 1 to May 31 of that year.
A.
The device license or licenses provided for herein shall
be posted conspicuously in the premises wherein the device is to be operated
or maintained to be operated.
B.
Not more than one machine shall be operated under one
license, and the applicant or licensee shall be required to secure a license
for each and every machine displayed or operated by him.
No license issued shall be transferred from one amusement device to
another, except in situations where the licensed device requires repair. The
temporary device shall be identical in every respect. The temporary device
shall not remain on the premises beyond a period of 30 days. The Village Clerk
shall be notified in writing whenever a temporary device is placed into use.
A.
A license may be suspended or revoked by the Mayor for
violation of this chapter, state law or upon the grounds that disorderly conduct
is permitted on the licensed premises or is occasioned in the vicinity of
such premises as a result of its existence. In the event that a license is
so suspended or revoked pursuant to this section, the applicant may appeal
such action within 30 days to the Board of Trustees. In no event shall a mechanical
amusement device be operated pending the appeal and determination.
B.
Whenever any license shall be suspended or revoked, no
refund of any unearned portion of the fee shall be made, and at least six
months from the time of such suspension or revocation shall elapse before
another license shall be issued for the same premises.
A.
No person, firm, corporation or association shall permit
the operation of mechanical amusement devices within 500 feet of any church,
public or parochial school or playground.
B.
Except as set forth below, no person, firm, corporation
or association may receive a license to operate more than three mechanical
amusement devices.
C.
On all premises where more than three licensed mechanical
amusement devices are located on the date of adoption of this chapter, the
following standards must be met:
(1)
There must be 20 square feet of floor space for each.
(2)
The mechanical amusement devices must be segregated from
other uses, such as dining, by a solid wall, with no openings to exceed 44
inches in width per opening and no more than two openings per device area,
unless more are required as a means of egress by the New York State Uniform
Fire Prevention and Building Code.
E.
No person, firm, corporation or association shall permit
children under the age of 14 years to operate a mechanical amusement device
during school hours, unless accompanied by a responsible adult.
If the Chief of Police shall have reason to believe any mechanical amusement
device is used as a gambling device, such machine may be seized by the police
and impounded, and if, upon trial of the exhibitor for allowing it to be used
as a gambling device, said exhibitor shall be found guilty, such machine shall
be disposed of according to law.
This chapter shall not apply to and no license shall be required for
the operation of mechanical amusement devices of the kind or purpose herein
specified:
A.
For special events not exceeding five days in duration
wherein the proceeds therefrom are to be devoted exclusively to charitable,
benevolent or religious purposes.
B.
Where the operation thereof is upon the property and
premises of a private membership club and for the sole enjoyment of its members
or their guests; provided, however, that said exemption will terminate if
said private membership club operates any mechanical amusement devices for
the use and enjoyment of the general public or for gambling or other illegal
purposes.
