[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 114.
[Adopted 10-20-1930, effective 11-1-1930]
[Amended 8-18-2003 by L.L. No. 20-2003]
No person shall give any exhibitions or performances
for money, or maintain any place of public amusement in the Village
of Irvington for which an admission fee is charged, until they shall
have obtained a license therefor and have paid to the Village of Irvington
a fee as set from time to time by the Board of Trustees.[1]
A.
For every carnival or every circus performance, $25
per day.
B.
For conducting in any tent, building or other place
temporarily used for exhibition of natural or artificial curiosities
or attractions, $5 per day.
D.
For maintaining a building solely for theatrical performances
or other public exhibitions, the sum of $150 per year.
E.
For maintaining and conducting any place wholly devoted
to the purpose of a museum, menagerie or exhibition of natural or
artificial curiosities, and theatrical representations, the sum of
$150 per year.
The annual licenses provided for by Subsections D and E of § 80-1 shall all expire on the January 1 subsequent to their granting, and said license fee shall be payable in advance on January 1 of each year or upon the date of the application therefor for the balance of the year up to the next first of January, and the license fee shall be the same sum no matter in what part of the year it is granted.
A.
No building or place shall be licensed for any public
exhibition or performance of any character until it shall have been
inspected by the Chief of the Fire Department of the Village of Irvington
with reference to its means of exits and to its safety as a gathering
place for the public and also as to its freedom from fire hazards
and as to its equipment with means for the extinguishment of fire,
and until said Chief of the Fire Department shall have filed a written
report with the Village Clerk recommending the building or place as
a safe place for a public gathering with safe and sufficient means
of exit and as being free from fire hazards and reasonably protected
against fires.
B.
All buildings and places licensed for public exhibitions
under this article shall be at all times subject to the inspection
and regulation both of the Chief of Police and of the Chief of the
Fire Department, with reference to their safety, their proper means
of exit and their freedom from fire hazards and their protection against
fire.
C.
All licenses provided for by this article shall be
granted only upon the condition that the Board of Trustees of the
Village of Irvington reserves the right to regulate the opening and
closing hours of all such buildings and places licensed for public
exhibitions or amusements and that such licenses shall be revocable
immediately upon the filing with the Village Clerk a report of either
the Chief of Police or Chief of the Fire Department that the licensed
building or place is for any reason therein stated unsafe for the
public gathering or that said licenses have violated the regulations
of the Board of Trustees as to the hours at which said building or
place opened or closed.
Licenses shall be issued by the Mayor and countersigned
by the Village Clerk but no licenses shall be issued unless and until
the applicant therefor shall have deposited with the Village Treasurer
an amount sufficient to pay for the license applied for.
This article shall be effective November 1,
1930.
[Adopted 7-20-1981 by L.L. No. 1-1981]
The Village of Irvington recognizes that the
use and ownership of amusement devices must be adequately controlled
so as to prevent public disorder, nuisance, loitering and other acts
detrimental to health, safety and welfare of the residents of the
Village and in particular to protect the adolescents of the Village
against the evils associated with gambling, and this article is intended
to provide such control and regulation.
For the purposes of this article, the following
definitions shall apply:
Includes but is not limited to any coin-controlled amusement
device of any description and, particularly but not by way, of limitation,
the type commonly known as "bagatelle," "baseball," "football," "iron
claw," "pinball" and "video amusement games."
Includes one or more individuals, a partnership, company,
corporation, association, society or any other legal entity, and any
officer, agent, servant or employee of the foregoing in charge of
the premises hereinafter mentioned.
This article, however, shall include any parcel
of land, building, structure, vehicle or any other place where an
amusement device may be kept, maintained, exhibited, used or operated.
No licensed device under this article shall
be operated or devoted or permitted by the licensee, holder of a license
or any person in responsible charge of such premises to be operated
or devoted for or to any use or purpose prohibited by law.
No person shall keep, maintain, use or 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
Village a manually or mechanically operated amusement device used
or designed in whole or in part for the amusement, entertainment or
recreation of the public, without first obtaining a license therefor
from the Village Clerk, as provided in this article.
A.
A verified application in duplicate shall be made
by any person desiring a license required by this section to the Village
Clerk for such license, upon blanks to be furnished by him, giving
the name and address of the manufacturer of the device, the manufacturer's
number, if any, a complete detailed description of the device, including
all the mechanical features thereof, the method of its operation,
the location by street and number where the device is sought to be
licensed, the nature and use of the premises upon which the device
is proposed to be kept, maintained, exhibited or operated, the number
of such devices already licensed and sought to be licensed upon the
same premises, information on similar establishments in the Village
and such further information as the Village Clerk may require.
B.
The application shall also contain a complete statement
indicating whether or not any previous application has been made hereunder,
whether any license has been received, refused, suspended or revoked,
with the circumstances thereof.
The Village Clerk is hereby authorized in his
discretion, to issue the license required by this article upon the
terms and conditions prescribed in this article.
The application for a license under this article
shall be referred by the Village Clerk to the Chief of Police for
his investigation and recommendation as to approval or disapproval,
and he shall forward his recommendation in writing to the Village
Clerk. No such license shall be issued without approval of the Chief
of Police. The Chief of Police shall cause such inquiries, inspections
and investigations to be made as he deems necessary to carry out the
intent and purpose of this article, including, but not limited to
the device sought to be licensed or which shall be licensed, the premises
upon which such device is proposed to be or shall be located and the
moral character of the applicant or any person in responsible charge
of such premises. In order that the intent and purpose of this article
shall be carried out, the control and regulation of such devices shall
be under the supervision of the Police Department, and members of
the Department may at any and all times, when such premises are open,
visit the same and make an inspection thereof.
[Amended 8-18-2003 by L.L. No. 20-2003]
Prior to the issuance of any license under this
article, the Village Clerk shall collect a fee as set from time to
time by the Board of Trustees for each machine each year, or fraction
thereof, for each license application, and a fee for each decal obtained
under this article.
No more than three devices shall be licensed
under this article for maintenance, exhibition or use in the same
premises at any one time.
A license shall be procured under this article
for each device. A decal bearing the same number as the license shall
be obtained from the Village Clerk and securely attached to each licensed
device so that it shall be and at all times remain conspicuous. No
amusement device shall be kept, exhibited, used or operated in the
Village until and unless such decal shall have been so attached thereto.
Each decal and license issued under this article
shall expire one calendar year after its issuance, unless sooner revoked
by the Village Clerk.
A.
No license or decal issued under this article shall
be transferred from one device to another, except as hereinafter provided,
nor to any person or location other than stated in the application
thereof.
B.
A license and decal issued under the provisions of
this article may be transferred either to another device identical
in every respect, or to a device of the same general character as
that licensed. The provisions of this article with respect to applications,
investigations and approval shall apply to all transfers, and no transfer
shall be effective until the Village Clerk has issued a certificate
therefor. Prior to the issuance of such certificate, the Village Clerk
shall collect a fee as set from time to time by the Board of Trustees
for each transfer.[1]
[Amended 8-18-2003 by L.L. No. 20-2003]
Any license granted under this article may be
revoked by the Village Clerk, and any decal issued under such license
may be recalled and destroyed for any of the following:
A.
The violation of any of the provisions of this article.
B.
The violations of any law, ordinance, rule or regulation
of any governmental officer, agency or department governing or applicable
to the maintenance or conduct of the premises upon which such device
is located.
C.
The violation of any law, ordinance, rule or regulation
governing or applicable to the maintenance, possession, use of or
operation of the licensed device.
D.
Upon the conviction of the licensee, holder of a license
or any person in responsible charge of said premises of a crime.
E.
Upon the recommendation of the Chief of Police in
writing stating the reasons thereof.
F.
Otherwise, for cause.
A.
If the Village Clerk determines that the license granted
under this article should be revoked and any decal issued under such
license should be recalled and destroyed, the Village Clerk, within
five days of the determination, must notify the licensee in writing
of the reasons for the determination specifying that the license will
be revoked in 15 days of the date of the notice. The licensee, within
five days of the date of the notice of revocation from the Village
Clerk, must in writing request a hearing before the hearing panel
to determine the appropriateness of the Village Clerk's determination
and notice of revocation.
B.
The hearing panel, consisting of three members of
the Village Board of Trustees, must within five days of the receipt
of the licensee's demand for a hearing, conduct a hearing to determine
whether the licensee's license should be revoked and any decal be
recalled. The determination by the hearing panel must be a majority
decision. The technical rules of evidence will not apply to the hearing
before the hearing panel. The hearing should be recorded by means
of a tape recorder.
C.
At the conclusion of the hearing the hearing panel
will deliberate and render a decision on the record.
D.
The determination by the hearing panel will be final.
A.
Any person violating any provisions of this article
shall be guilty of a misdemeanor, and upon conviction thereof, shall
be punishable by a penalty of up to $500.
B.
Each day's maintenance, exhibition or use of any manually
or mechanically operated amusement device in violation of the provisions
of this article shall constitute a separate offense.
C.
Whoever attaches, or any person maintaining, operating
or in responsible charge of premises upon which a manually or mechanically
operated amusement device is kept, exhibited or used, to which device
a fictitious decal purporting to be issued by the Village Clerk or
a counterfeit of said decal is attached, shall be guilty of a misdemeanor,
and upon conviction thereof, shall be punishable by a penalty as prescribed
above.
