[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 159.
[Adopted 10-5-1970 (Ch. 5, Art. I, of the 1979 Code); amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It shall be lawful for any authorized organization,
as defined in § 476 of General Municipal Law, upon obtaining
the required license, to conduct the game of bingo within the territorial
limits of the Village of Delhi, subject to the provisions of this
article, Article 14-H of General Municipal Law and Article 19-B of
Executive Law.
[Adopted 9-10-1984 by L.L. No. 7-1984 (Ch.
5, Art. II, of the 1979 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The premises, including a theater, restaurant, hall, auditorium,
tent, structure, building or enclosure of any type, within which is
produced, offered, presented or operated three or more coin-operated
amusement games. This definition does not include such premises in
which jukeboxes are the only type of amusement game.
Any mechanical or electronic device used or designated to
be operated for entertainment or as a game by the insertion of a coin,
token, etc., and shall include the type of mechanical or electronic
device commonly known as "baseball," "radio" or similar target, "pinball,"
"pool table," "snooker table," "foosball," television-screen-type
games such as tennis or handball and those individual mechanical motion-picture
machines commonly referred to as "peep shows." The above enumeration
shall not be deemed to be exclusive. This definition does not include
any device, the possession or use of which is prohibited by law.
Includes any individual, any business enterprise, such as
a corporation, partnership, association, trust or firm, and any trustee
or receiver.
The Village of Delhi.
No person shall maintain or operate an amusement
center within the Village without first having obtained an amusement
center license.
A.
An application for an amusement center license shall
be made to the Village Clerk.
B.
Upon receipt of an application for an amusement center
license and after approval for Zoning Code compliance by the Code
Enforcement Officer, said Code Enforcement Officer shall cause an
inspection of the premises to be made:[1]
(1)
To determine whether the applicant is complying with
the laws and ordinances which he is charged with enforcing.
Said Code Enforcement Officer shall have the right to enter upon any
premises for which an amusement center license is sought for the purpose
of making such an inspection during normal business hours.
(2)
To determine whether public safety problems exist
on the premises; and the Village shall cause an investigation to be
made of the background of the owner and the operator of the center.
The Village and its representatives shall have the right to enter
upon such premises for the purpose of making such inspections during
normal business hours. Further inspections of the premises may be
made by the Village police after a license has been issued to ensure
compliance with laws and ordinances relating to amusement centers.
C.
Except as provided in the New York Correction Law,
Article 23-A, no amusement center license shall be issued to any person
who has pleaded guilty to or has been convicted of any felony.
D.
No amusement center license shall be issued for an
amusement center located within 400 feet of a public or private elementary
or secondary school property or church property.
E.
The Village may promulgate rules and regulations to
govern the operation of amusement centers so as to provide for the
orderly operation of the centers and to ensure the public safety and
the peace and tranquility of the neighborhood where the centers are
located.
F.
No amusement center license shall be issued for an
amusement center located within 100 feet of R-1 or R-2 zoned areas.
A.
The owner and operator of any amusement center shall
comply with all the notices, orders, decisions and rules and regulations
made by the Village of Delhi governing the occupation and use of said
premises.
B.
The owner and operator of any amusement center shall
cause the amusement center license to be posted in a conspicuous place
on the premises of the amusement center.
C.
The owner and operator of any amusement center shall
not permit, at any time, a greater number of persons on the premises
than the capacity approved by the Village according to its Fire Code
and set forth on the amusement license.
D.
The owner and operator of any amusement center shall
maintain good order on the premises at all times. The lack of good
order on the premises shall include, but not be limited to, the following:
Amusement center licenses shall expire on December
31 of each year.
Every operator of an amusement center shall
cause his name, business address and telephone number to be affixed
to each game on a sticker to be provided by the Village.
A.
No minor under 16 years of age shall be allowed to
operate any amusement game in an amusement center, except jukeboxes,
during normal school hours or after dusk, unless such minor is accompanied
by a parent or guardian. Such restriction will be posted in a sign
in a conspicuous place near the amusement games. This subsection shall
not apply to an amusement center which is not licensed or authorized
to serve alcoholic beverages of any kind.
[Amended 9-18-2000 by L.L. No. 1-2000]
B.
No cash awards shall be offered or given in any contest,
tournament, league or individual play on any amusement game in an
amusement center, and no such game shall be permitted to operate if
said game delivers or may readily be converted to deliver to the player
any coins, slugs or metal tokens.
C.
No check, slug or token shall be offered or given
to any player of any amusement game in an amusement center as a result
of plays made thereon.
D.
The Village may promulgate rules and regulations to
govern the operation and control of amusement games in amusement centers
to provide for the orderly operation of amusement centers and to ensure
the public safety and the peace and tranquility of the neighborhood
where the centers are located.
E.
The owner and operator of any amusement center shall
have an attendant who is at least 18 years of age to supervise the
center whenever it is open.
A.
The Village may deny or revoke a license or deny the
renewal of a license to any applicant who is a convicted felon, who
does not comply with the provisions of this article or any rules or
regulations promulgated under this article or who makes a material
misrepresentation on the license application. The Village shall give
a written notification to an applicant of the reasons for the denial
or revocation of a license.
B.
The Village shall have the power to investigate and
inquire into licenses and applicants under this article and to require
and enforce by subpoena the attendance of witnesses at such investigations.
Any person aggrieved by the action of the Code Enforcement Officer in the denial of an application for a license, as provided in § 113-4, shall have the right to appeal to the Village Board of the Village. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Within 30 days of the receipt of such notice, the Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. Any person aggrieved by a decision of the Village Board shall, within 30 days of the receipt of such decision, appeal to the Supreme Court of New York State.
Any person who shall act as an amusement center
operator, as herein defined, without a license or who shall violate
any of the provisions of this article or who shall continue to act
subsequent to the revocation of his license shall be guilty of an
offense and shall be punishable by a fine of not more than $250 or
imprisonment for not more than 15 days, or both. Each day on which
such violation continues shall constitute a separate offense.
