Town of Haverstraw, NY Chapter 52 Amusement Devices

[HISTORY: Adopted by the Town Board of the Town of Haverstraw 1-24-1983 as L.L. No. 1-1983 (Ch. 2 of the 1966 Code). Section 52-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 52-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DEVICE

Any mechanical, electronic, video or computerized machine which, by means of a lever, switch, electric current or insertion of a coin, token, slug, plate, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of such machine, effects the operation thereof for use as a game, contest or amusement or which may be so used; provided, however, that jukeboxes or similar amusement devices used for the reproduction of music or sound only shall not be considered "devices" for purposes of this chapter.

PERSON

An individual, partnership, joint venture, society, association, club, corporation or unincorporated group, or any members, officers, directors, agents, employees 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.

PREMISES

Any public or quasi-public place, space, room, enclosure, building or store where the public may enter, but not including lands or facilities of the town or lessees of the town.

§ 52-2 License required; fee; expiration; transferability; waiver of fee.

A. It shall be unlawful for any person to have in his possession or control or to install, operate, maintain or permit to be placed in any premises, room, space, enclosure or building owned, leased or occupied by him or under his management or control any machine, apparatus or device commonly known as a "pinball machine" or any device or electronic or video game or any other machine or device commonly known as a "pool table," "football table" or "skittleball" or any other device defined herein without a license therefor first having been obtained.

B. The fee for such license shall be $100 per year or any major (six months or more) portion of a year, per device, and $100 per year or any major (six months or more) portion of a year, for each additional device. The license fee shall be half for any portion of a year of six months or less.

C. Licenses shall be issued commencing April 1.

D. Licenses shall be transferable from one device to another, provided that an application for such transfer is filed with and approved by the Town Clerk, and the fee for such a transfer application shall be $25 for each such application.

E. The Town Board may waive any fees set forth in this section for processing license applications.

§ 52-3 License application required; contents.

A. Any adult person desiring to locate an amusement device or having such a device in his possession or control within the Town of Haverstraw shall apply to the Town Clerk of the Town of Haverstraw for a license for the same.

B. The application shall contain at a minimum the following information:

(1) Name and address of the applicant.

(2) Address of the premises.

(3) If the applicant is not the owner of the device, the name and address of the owner of the device.

(4) Name and address of the landlord of the premises.

(5) Name and address of the tenant of the premises.

(6) Type of device.

(7) Floor plan, with dimensions, of the premises, showing the proposed location of the device thereon.

(8) Serial number of the seal attached to the device or other identifying information.

§ 52-4 Restrictions on issuance of license.

A. No license shall be issued to any person when he or the person owning or leasing the premises where the device is or is to be located has been convicted of a crime or of any drug or gambling offense against the laws of New York State; and in the event of any such conviction subsequent to the issuance of said license, or the proof of any prior or subsequent conviction submitted to the Town Clerk, said license shall be immediately revoked.

B. Before issuance of a license, the Town Clerk shall obtain approvals from the following town departments:

(1) The Police Department as to the absence of any criminal record of any person required to be named in the application to the Town Clerk.

(2) The Town Building Inspector as to the safety of the premises and the safety of the location of the devices.

§ 52-5 Location restrictions; waiver of restrictions; change in location; fee.

A. The applicant shall submit a sketch, at a scale of one inch equals 10 feet, showing the physical location of proposed amusement devices and the relationship to other described activities within the place of business.

B. Amusement machines shall not be located as to obstruct aisleways, entranceways, exits or fire extinguishers.

C. No license shall be issued for any device in less than 150 square feet of premises.

D. No license shall be issued for any devices located within 750 feet of any property line of a public or private school, house of worship or library.

E. The Building Inspector may waive the requirements of this section with respect to machines that have been in operation prior to the enactment of this chapter, but upon any change of machines, all of the regulations herein shall apply.

F. No change of the location of the machines will be permitted except after submission of an amended sketch to the Town Clerk and approval of a new location by the Building Inspector. Application for amendment of the permit shall be accompanied by a fee of $25.[1]

[1] Editor's Note: Former § 2-7, Blocking of entrance or exit prohibited, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 52-6 Supervision by owner or operator. [1]

The use of all machines shall be supervised by the owner or operator of the establishment where the machines are located or by a designated adult employee.

[1] Editor's Note: Former § 2-6A, which restricted the hours during which certain minors could be on the premises and which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 52-7 Issuance, expiration and renewal of licenses.

A. Upon proper application, approval by the Town Police Department and approval by the Town Building Inspector, together with submission of the appropriate fees, the Town Clerk shall issue a license.

B. Licenses issued under the provisions of this chapter shall expire on March 31 of each year and shall be renewed by the Town Clerk upon receipt of a renewal application and a renewal fee in the amount then prevailing for the period of renewal.

§ 52-8 Seal.

Upon issuance of the license, the Clerk shall also issue a seal for each device so permitted. Said seal shall contain the name of the applicant and the permit number and expiration date. The seal shall be affixed to the device in a prominent place by the applicant.

§ 52-9 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed $250 per device or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. The continuance of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

§ 52-10 Enforcement.

This chapter shall be enforced by the Police Department, the Building Inspector or Fire Inspector of the Town of Haverstraw and/or such other officials authorized by law.

§ 52-11 Applicability of other requirements. [1]

The issuance of any license hereunder shall in no manner be construed as an approval of, waiver of or compliance with any requirements of the Town of Haverstraw Zoning Code[2] or the New York State Uniform Fire Prevention and Building Code.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor's Note: See Ch. 167, Zoning.