[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 4-5-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
It is hereby declared to be the policy of the
Village of Haverstraw to license and regulate mechanical amusement
devices for the purpose of preserving and caring for the safety, health,
comfort and general welfare of the inhabitants of the Village of Haverstraw,
and visitors thereto who may be attracted to and use such devices,
having in mind that many of such users will be young persons of an
age requiring more care and attention than those of a more mature
age, to the end that order may be maintained, property protected and
the purpose, specified herein, preserved.
As used in this chapter, the following terms
shall have the meanings indicated:
Any premises which has more than six amusement devices.
Any mechanical device or contrivance which, by means of the
insertion of a coin, token, slug, disk or other article into a slot,
crevice, opening or attachment connected with or forming a part of
any such devices or contrivances, affects the operations thereof for
use as a game, contest or amusement, or which may be so used. The
term "amusement device" includes but is not necessarily limited to
pinball machines, electronic baseball, pool tables, video machines,
skill ball and similar devices. The term "amusement device" does not
include jukeboxes.
Includes individuals, natural persons, partnerships, joint
ventures, societies, associations, clubs, corporations or unincorporated
groups or any members, officers, directors 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, building or store where
the public may enter.
No person shall install or maintain an amusement
device, as defined herein, on any premises in the village without
having obtained or having in force and effect a permit.
A.
Any person desiring to locate or maintain an amusement
device shall file an application to be made out and referred to the
Building Inspector. The Building Inspector shall then request a background
check for the applicant. The Building Inspector shall also investigate
the location wherein it is proposed to operate such machine, determine
the number of machines and ascertain if the applicant is a person
of good moral character and either approve or disapprove the application.
[Amended 9-8-2015 by L.L. No. 5-2015]
B.
The application shall contain, at a minimum, the following
information:
[Amended 6-3-1985 by L.L. No. 3-1985]
A.
No permit shall be granted for any premises on which
an amusement device is to be located if such premises is located within
500 feet of the lot lines of a public or private school.
B.
No permit shall be issued to any person who has been
convicted of a felony or of any gambling offense against the laws
of New York State, and, in the event of any such conviction subsequent
to the issuance of said permit, said permit shall be immediately suspended
pending revocation.
C.
A permit may be issued to any person who has been convicted of a misdemeanor, provided that the Building Inspector approves said applicant as stated in § 84-4A, and in the event that any such conviction occurs subsequent to the issuance of said permit, said permit may be immediately suspended by the Building Inspector pending revocation.
[Amended 9-8-2015 by L.L. No. 5-2015]
[Amended 9-8-2015 by L.L. No. 5-2015]
A.
Upon proper application approval and submission of
the appropriate fees, the Building Inspector shall issue a permit.
B.
Permits issued under the provisions of this chapter
shall expire on March 31 of each year and will be renewed by the Building
Inspector upon receipt of a fee in the required amount.
[Amended 9-8-2015 by L.L. No. 5-2015]
Upon issuance of the permit, the Building Inspector
shall also issue a seal for each device so permitted. Said seal shall
contain the name of the applicant, the permit number and the expiration
date. The seal shall be affixed to the device in a prominent place
by the applicant.
A.
No cash awards shall be made in any contest, tournament,
league or individual play on any game maintained or operated in any
amusement center, and no device shall be permitted to operate if said
device delivers to the player coins or slugs or metal tokens on certain
scores, if such delivery of coins, slugs or metal tokens is or is
held to be contrary to the laws of the State of New York or if said
device may be readily converted to deliver to the player such coins,
slugs or metal tokens if such delivery of coins, slugs or metal tokens
is or is held to be contrary to the laws of the State of New York.
B.
The location and/or operation of more than three amusement devices on any one premises is prohibited, except as an amusement center as defined herein and further subject to zoning restrictions, as set forth in Chapter 245 of the Code of the Village of Haverstraw.
C.
No permit shall be transferred from one location to
another.
D.
Notwithstanding any inconsistent provision of this
chapter, this chapter shall not be deemed to prohibit the number of
mechanical amusement devices in excess of three existing on the date
of the enactment of this chapter, at any one location. Notwithstanding
such exemption as to number, no increase in the number, where more
than three exist at any one location on the date of enactment of this
chapter, shall be permitted, and all mechanical amusement devices
existing on the effective date of this chapter, regardless of their
number, at any location, shall be issued a permit in accordance with
the provisions of this chapter.
E.
Any premises which is an amusement center as defined by this chapter shall also be considered a commercial recreation establishment and be further regulated by the zoning restrictions of the Village of Haverstraw as more particularly set forth in Chapter 245 of the Code of the Village of Haverstraw.
Any permit issued under the provisions of this
chapter may be suspended or revoked by the Board of Trustees if the
applicant has violated the provisions of this chapter or made a false
statement on the application for permit or if the use and operation
of the device constitutes a breach of the peace or menace to the health,
safety or general welfare of the public.
A.
In the event of a denial of a permit or a subsequent
suspension of a permit, the aggrieved person may appeal from said
adverse determination to the Board of Trustees. Upon a determination
denying an application for a permit or a suspension of said permit,
the Building Inspector will send a notice to the aggrieved person
by certified mail to the address stated on the application for the
permit.
[Amended 9-8-2015 by L.L. No. 5-2015]
(1)
Twenty days. The aggrieved person will have 20 days
from the mailing of a notice of denial or suspension by the Building
Inspector to request a hearing before the Board of Trustees. Said
request for a hearing by the aggrieved person shall be directed to
the Village Clerk and sent by certified mail or personally delivered
to said Clerk.
(2)
Fourteen days. Upon the Village Clerk's receiving
a request for a hearing, the Board of Trustees will then hold a hearing
within 14 days of said request. A determination by the majority of
said board will be final.
[Amended 8-11-1997 by L.L. No. 4-1997; 10-17-2022 by L.L. No.
3-2022]
Any person, association, organization, corporation,
company or business entity violating, or failing to comply with, any
provision of this chapter shall, upon conviction thereof, be punishable
by a fine not exceeding $250; and which charge, under this chapter,
shall be a petty offense or infraction, and not a crime. The continuation
or repeat of a violation of, or failure to comply with, any provision
of this chapter shall constitute, for each occurrence that transpires
or each day on which the violation continues, a separate and distinct
charge hereunder.