[HISTORY: Adopted by the Town Board of the Town of New Castle 4-27-1982 by L.L. No. 6-1982. Amendments noted where applicable.]
It is the legislative intent and findings of the Town Board of the Town of New Castle that the use, placement and ownership of amusement devices must be adequately regulated so as to prevent public disorder, nuisance, loitering and other acts detrimental to the public health, safety and welfare, as well as to ensure safe and proper location of such devices in order to promote fire safety and prevent overcrowding and other detrimental effects. In order to further these goals, as well as the orderly development of land use, and in order to encourage stability of commercial development and preserve the character of commercial districts, Chapter 60, Zoning, of the Town of New Castle has been amended in conformance herewith.
No person shall keep, maintain, use, 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 Town of New Castle an amusement device, as defined herein, designed in whole or in part for the amusement, entertainment or recreation of the public, without first obtaining a license therefor in compliance with this chapter.
Licenses shall be obtained for amusement devices, as defined in § 40-3, in accordance with the fee schedule below, which licenses shall be issued by the Town Clerk.
A license fee shall be paid in the amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for each amusement device.
[Amended 9-10-2002 by L.L. No. 8-2002]
As used in this Chapter 40, the following words, terms and phrases shall have the meanings ascribed to them in this section, unless from the context a different meaning clearly appears:
- AMUSEMENT DEVICE
- A machine that is controlled and operated by the insertion of a coin or token and intended for the amusement or recreation of a patron, including but not limited to baseball and football games, pinball games, video games and other similar games, and excluding jukeboxes.
- Includes one or more individuals, a partnership, company, corporation, society or other legal entity, and any officer, agent, servant or employee of the foregoing in charge of the premises hereinafter mentioned.
The provisions of this chapter shall apply to any parcel of land, building, structure or other location where an amusement device may be kept, maintained, exhibited, used or operated.
No more than three amusement devices shall be licensed under this chapter for maintenance, exhibition or use in any one premises at any one time.
An application, signed by the owner or tenant, shall be filed with the Town Clerk for issuance of a license for amusement devices. The application form shall require the following information:
No license shall be issued until the proposed location of each device has been approved, in writing, by the Fire Marshal. The proposed location must be shown by designation on a sketch or diagram of the floor plan of the premises attached to the application, in sufficient detail to enable the Fire Marshal or other enforcing officers to determine compliance of the location of the devices at the premises.
Upon receipt of evidence of any required zoning approvals, a complete application and payment of the required fees, the Town Clerk shall issue a license for up to three amusement devices for any one location in accordance with the provisions of this chapter and Chapter 60, Zoning, of the Town Code.
All licenses shall be for a period of one year and shall expire on December 31 of each year. License fees shall be prorated for licenses issued during the calendar year; however, no refund will be made if the number of devices is decreased prior to expiration of the license period.
After a license has been issued for a particular premises, any or all of the devices originally authorized by said license may be replaced by an amusement device or devices which are substantially of the same type, size and nature as the originally authorized devices; provided, however, that the total number of amusement devices shall at no time exceed the number authorized by the license, unless an amended license is issued; and provided further that any replacement amusement devices are installed in the same location as the devices authorized by the license issued for said premises.
A copy of the license shall be continuously and conspicuously displayed in the interior of the premises, but not in any display window.
Any person who violates any provision of this chapter shall be subject to a fine of an amount which shall not be in excess of $250 for each violation. A separate violation shall be deemed committed upon each day during which a violation occurs, is committed or continues. This chapter shall be enforced by the Zoning Enforcement Officer.