The Village of Port Chester, New York, recognizes that the use and ownership
of amusement devices must be adequately controlled so as to prevent public
disorder, nuisances, loitering and other acts detrimental to the health, safety
and welfare of the residents of the Village of Port Chester, and in particular
to protect the adolescents of the village against the evils associated with
gambling, and this chapter is intended to provide such control and regulations.
[Amended 3-1-1989 by L.L. No. 2-1989]
For the purposes of this chapter, the following definitions shall apply:
AMUSEMENT DEVICE
Shall include any coin-operated electrical game or such device as
pinball machines, howling machines, video games, coin-operated computerized
electronic amusement devices and any other coin-operated electrical or electronic
games.
PERSON
Shall include 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.
This chapter, however, shall include any parcel of land, building, structure,
vehicle or any other place where an amusement device may be kept, maintained,
exhibited, used or operated.
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.
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.
Any permit granted for any premises located within 250 feet of the lot
lines of a public or private school shall be a limited one in that, between
the hours of 8:00 a.m. and 4:00 p.m. on days that school is in session, the
amusement device shall be unplugged or otherwise rendered inoperable. Excluded
from this limitation are premises which are regulated by the State Liquor
Authority and such other places which by their very nature prohibit the admittance
of minors.
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 10-4-1982 by L.L. No. 32-1982;
7-1989 by L.L. No. 12-1989; 5-29-1991
by L.L. No. 6-1991]
A. Upon receipt of an application and the sum set forth in Chapter
175, Fees, of the Village Code, the Village Clerk shall, pursuant to the provisions of this chapter, issue a license and decal for the device described in the application.
[Amended 7-1-1996 by L.L. No. 7-1996]
B. No device shall be operated or used without first having
a valid decal attached thereto.
No more than two devices shall be licensed under this chapter for maintenance,
exhibition or use in the same premises at any one time.
[Amended 7-1-1996 by L.L. No. 7-1996]
Each license issued under this chapter shall expire on April 30, unless
sooner revoked by the Village Clerk and/or Village Board of Trustees.
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 regulation
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.