[HISTORY: Adopted by the Board of Trustees of the Village of Warwick during codification; see Ch. 1, General Provisions, Article II. Amendments noted where applicable.]
No person shall conduct a public exhibition, including a circus, fair, carnival, rodeo, feat of horsemanship, menagerie, caravan of animals, animal show, exhibition of any natural or artificial curiosity, or performance or exhibition of such nature within the Village of Warwick without first obtaining a license for such performance or exhibition from the Village Clerk.
No person shall operate any premises wherein are located any mechanical amusement devices for the playing of games, commonly known as "pinball machines," bowling alleys, shooting galleries, mechanical grabbing machines, billiard or pool tables, mechanical musical devices, commonly known as "jukeboxes," or any game, operation or transaction similar thereto, under whatever name it may be indicated, whether or not a prize is offered and whether mechanical, electrical or electromechanical, without first obtaining a license for each such premises from the Village Clerk.
Applications for licenses shall be made upon forms to be supplied by the Village Clerk for that purpose. Applications shall contain the following information:
For all licenses required by this chapter:
Name and address of the applicant.
Type of person: whether individual, partnership, corporation or other type of legal person.
Age, date and place of birth and citizenship of applicant and any resident natural agent of applicant.
If applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.
If applicant is a corporation, the names, addresses and citizenship of all officers.
Any prior convictions of applicant or any resident natural agent of applicant for violation of any law or ordinance.
A statement that applicants shall comply with all local, County, state and federal requirements.
For licenses to conduct public exhibitions as required by § 34-1 of this chapter:
Proposed location and duration of exhibition.
Nature of exhibition to be presented.
A detailed list of each exhibition, entertainment, performance and/or amusement device to be located on the proposed location of the event.
The number of pieces of equipment for music and all loudspeaker devices and other devices for the amplification of sound.
Upon presentation of an application as provided herein, the Village Clerk shall refer such application to the Village Attorney or other person designated by the Board of Trustees for a full investigation as to the truth of the statements contained therein and as to any or all other matters which might tend to aid the Board of Trustees in determining whether or not such application should be granted.
The Village Board, upon receipt of a written report by the investigator, shall decide whether or not a license shall be issued, considering among other things the effect of the amusement or exhibition upon the peace, welfare and good order of the Village.
In granting licenses, the Board of Trustees may approve or disapprove each particular exhibition or amusement device and may also approve or disapprove any lighting system or device emitting or amplifying sound used at any exhibition, as well as impose further conditions, the violation of which shall constitute a violation of this chapter and shall subject the violator, upon conviction, to the penalties provided for offenses against this chapter.
An annual license renewal is required for places wherein are located any mechanical amusement devices as described in § 34-2 of this chapter. Renewals of such licenses shall require merely the updating of any obsolete information contained in the original application for license, submission of the annual license fee and approval of the renewal by the Board of Trustees. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license. There shall be an annual license fee as set forth in Chapter 63, Fees, for each of said premises described in § 34-2 of this chapter.
[Amended 3-14-1977 by L.L. No. 3-1977; 4-10-1989 by L.L. No. 2-1989]
The license fee for each public exhibition as described in § 34-1 shall be $25 for each day such exhibition shall continue, payable at time of application. No renewals of such licenses shall be granted, but subsequent exhibitions by past licensees shall require complete new applications and investigations, unless such requirements shall be waived by the Board of Trustees.
License fees submitted with applications which are either withdrawn by applicants or denied by the Board of Trustees shall be refundable, less actual costs of investigation incurred by the Village. Unexpended or unused licenses shall not, however, enable the licensee to gain a refund of license fees paid for licenses after such licenses shall have been approved by the Board of Trustees.
Before any license shall be issued for any exhibition or amusement device hereunder, the applicant may, at the discretion of the Board of Trustees, be required to secure a public liability insurance policy in such principal sum as the Board of Trustees may deem sufficient to protect members of the public, executed by the applicant and conditioned that the Village will be saved harmless for any injury to persons or property because of fault or default by the licensees. Said policy shall be issued by a bonding company authorized to do business in the State of New York, in form approved by the Village Attorney, and filed with the Village Clerk. A bond or certified check shall be required in the amount of $250 for cleanup and return of property to previous condition. Such bond or certified check shall be returned upon satisfactory inspection by the Superintendent of Public Works.
Nonprofit organizations of the Village of Warwick, including organizations of a charitable, religious, educational, veteran or firemanic nature, shall be exempt from the fees for licenses required by this chapter, but shall be required to secure a license for exhibitions or amusement devices required to be licensed and shall observe all rules of conduct for licensees established herein.
Licensees shall not permit gambling at any licensed exhibition or on any licensed premises, except as may be permitted by any bingo local law which may hereafter be enacted by the Board of Trustees. Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in § 34-2 of this chapter. No licensee shall permit the giving of any performance of a lewd, suggestive, vulgar or immoral type or the use therein of any indecent or obscene language or any behavior tending to corrupt the public morals or incite the public to break any law or ordinance. No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic or hallucinogenic drug, or any person whose conduct tends in any way to corrupt the public morals, to be admitted to or to remain in or about any licensed exhibition or premises.
[Added 1-11-1982 by L.L. No. 1-1982]
No licensee whose premises are devoted primarily to amusement devices as described in § 34-2 of this chapter, and which premises are not accessory to another principal business located within the same premises, shall be permitted to remain open:
Licensees shall post their licenses conspicuously at the location of the licensed exhibition or on the premises licensed.
Licensees desiring to transfer their licenses to new locations within the Village or to change or revise their list of licensed amusement devices shall submit application for such relocation, change or revision to the Village Clerk for approval by the Board of Trustees. No refund of any license fee shall be made if an application for relocation, change or revision is disapproved.
No license shall be transferable from one person to another.
The Board of Trustees reserves the power to revoke any license issued under the provisions of this chapter at any time, in cases in which such licenses were procured by fraud or false representation of facts or for the violation of or failure to comply with any provision of this chapter by any licensee or servants, agents or employees of licensees, or the conviction of the licensee of any crime or offense involving moral turpitude, or conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the location or premises licensed.
In the case of any public exhibition as described in § 34-1 of this chapter, such revocation may be without notice, and upon the service of a notice of revocation by either person, mail or posting on the location for which a license is issued, said public exhibition shall cease operations immediately.
In the case of any mechanical amusement device as described in § 34-2 of this chapter, the Board of Trustees shall, at least three days before revoking any license, cause to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for license, a notice stating the time and place of the hearing concerning the revocation. At the hearing the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Board of Trustees shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from decisions of the Board of Trustees as provided by law.
Any person committing an offense against any provision of this chapter shall, in addition to being subject, if a licensee, to having his license revoked as provided in § 34-10 of this chapter, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.