[HISTORY: Adopted by the City Council of the City of Troy 6-3-1982
by L.L. No. 1-1982 (Art. XX of Sub-Part B of Part I of the
1973 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following terms have the meanings
ascribed:
Any machine or device used for amusement, play or games of skill
and operated by the insertion of a coin token or similar object, or on payment
of a fee charged for the use. The term "commercial amusement device" shall
not include any jukebox or other machine primarily designed to play recorded
music.
Any commercial establishment, place or premises where more than four
commercial amusement devices are placed or kept at any given time for use
or play by the general public but shall not include any college or university.
Any person, firm, corporation, partnership, association, club or
other legal entity.
No person, as owner, lessee or otherwise, shall operate or maintain
a commercial amusement facility without a license.
A.
Every person desiring to procure a license shall file
an application with the City Clerk on a form supplied by that office and specifying:
(1)
The name, address, social security number and telephone
number of the applicant or applicants; and if a firm, corporation, partnership,
association or club, the principal officers thereof and their addresses, social
security numbers and telephone numbers.
(2)
The address of the premises where the commercial amusement
facility is to be located, together with the character of the business carried
on at such premises if used other than exclusively as a commercial amusement
facility.
(3)
The name and address of the registered agent, if any,
of the applicant or applicants upon whom service of process is authorized
to be made.
(4)
The name, address, social security number and telephone
number of the person or persons who shall be in charge of the commercial amusement
facility during its hours of operation.
(5)
With respect to each person whose name appears on the
application, the fact of conviction in any jurisdiction of any offense which,
under the laws of the State of New York, constitutes a crime as defined in
the Penal Law with a full disclosure of the nature of the offense, time and
place of commission, legal proceedings and penalty imposed.
(6)
The floor area of the commercial amusement facility and
the number of commercial amusement devices the applicant proposes to place
in the facility.
(7)
The name and address of the owner or owners of the business
premises and the nature of the right of occupancy and use of such premises.
B.
The proper license fee shall accompany such application
and be presented to the City Clerk, who shall make or cause to be made such
investigation as is deemed necessary. Said application shall be granted or
denied within 30 days of receipt.
A.
The City Clerk is authorized to issue a license to operate
a commercial amusement facility, and a license authorized by this chapter
shall not be assignable or transferable without prior approval of the City
Clerk.
B.
License fees shall be paid annually in advance on or
before the first day of January and charged at a rate set by resolution of
the City Council per commercial amusement facility.
C.
The fee for any commercial amusement facility licensed
after January 1 shall be computed on a prorated basis, but in no case shall
any portion of a license fee be refundable.
A.
No license shall be granted:
(1)
When an application for license does not meet the requirements
of this chapter;
(2)
If the premises where the commercial amusement facility
is to be located fail to meet all requirements of fire, housing, building,
sanitary, electrical and plumbing ordinances of the City of Troy and any other
local or state laws, rules, regulations or ordinances that may apply; or
(3)
If applicant or any person whose name appears on the
application has been convicted of a felony.
B.
If a license is denied, the license fee paid on application
shall be refunded.
If it shall appear at any time that an application is in any material
respect false or misleading or that the licensee or applicant, his agent,
servant or employees, are in violation of any provisions of this chapter or
any other local or state laws, rules, regulations or ordinances that may apply,
the City Clerk may revoke or deny an application or license after a hearing.
A.
Every licensee shall post in a conspicuous place within
the commercial amusement facility, the license issued by the office of the
City Clerk.
B.
All commercial amusement devices shall at all times be
kept in plain view of any person who may frequent or be in the commercial
amusement facility.
C.
No commercial amusement device shall be so placed as
to block any passageway or means of egress or ingress.
D.
Nothing in this chapter shall be construed to authorize,
permit or license any gambling device of any nature whatsoever. If any machine
or device is found to be used for gambling purposes, the license shall be
revoked; and any such machine or device shall be subject to confiscation by
the proper authorities upon due notice.
E.
The licensee, his agents, servants or employees, must
at all times maintain good order in the commercial amusement facility and
shall not permit any disturbance, congestion or loitering upon the premises.
F.
The licensee, his agents, servants or employees shall
at at all times cooperate fully with the City Clerk, any law enforcement officer
or agency and comply with any directive of same.
G.
No commercial amusement facility shall be open for public
use unless it is under the control and supervision of a person at least 18
years of age who shall ensure it is operated in compliance with these regulations.
If any person operates or maintains a commercial amusement facility
on the effective date of this chapter, said person shall apply for a license
within 30 days after such effective date. The operation of an existing commercial
amusement facility shall be permissible without a license until such application
is filed and a determination by the City Clerk is made, provided the application
for such license is timely filed.
Any person who shall violate or who shall neglect or refuse to comply
with this chapter or any of the provisions thereof shall be guilty of an offense
and upon conviction thereof shall be punishable by a fine of not more than
$250 or imprisonment not exceeding 15 days or by both such fine and imprisonment,
and each day of violation shall constitute a separate offense and be subject
to punishment as such.
