[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 4-11-1983
by L.L. No. 3-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 52.
As used in this chapter, the following terms shall have the meanings
indicated:
Any mechanical, electric or electronic device used or designated
to be operated for entertainment or as a game by the insertion of a coin,
slug, token, plate, disc, key or any other article into any slot, crevice
or other opening or by paying money to have it activated. This definition
does not include:
Rides.
Bowling alleys.
Any device maintained within a residence for the use of the occupants
thereof and their guests.
Any gambling devices whatsoever or any mechanism that has been traditionally
determined to be a gambling device or in any way contrary to law, or that
may be contrary to any future laws of the State of New York.
Jukeboxes.
A building or place containing five or more amusement games.
Any music-vending machine, contrivance or device which, upon the
insertion of a coin, slug, token, plate, disc or key into any slot, crevice
or other opening or by the payment of any price, operates or may be operated
for the emission of songs, music or similar amusement.
An amusement game.
A record owner, contract purchaser, lessee, assignee, bailee, receiver
or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
The Village of LeRoy, Genesee County, New York.
The legislative purpose of this chapter is to:
A.
Promote the public health, morals, safety and welfare
of the residents of the Village of LeRoy by enacting a chapter to control
the use of amusement games to protect not only the participants in such amusement
games, but the entire village community.
B.
See that all village laws are obeyed.
C.
Minimize the potential for congestion in areas adjoining
game rooms and other premises in which amusement games are located and to
minimize disruption of and interference with surrounding businesses and the
public ways.
A.
No person shall maintain or operate a machine in the
village unless it is licensed under this chapter.
An application for a license shall be made to the Village Clerk on forms
containing information prescribed by said Clerk, including:
A.
The name and address of the applicant, age and place
of birth.
B.
Prior convictions of applicant, if any, to include felony,
misdemeanor, disorderly conduct and harassment.
C.
The place where amusement game or games is to be displayed
or operated and a description of any other business conducted at that place.
D.
A description of the machine to be covered by the license,
setting forth its mechanical or electronic features.
Upon receipt of an application for a license, the Village Clerk shall
refer it to:
A.
The Zoning Enforcement Officer, to determine whether
the premises comply with all applicable laws, local laws, rules and regulations.
For that purpose, the Zoning Enforcement Officer shall have the right to enter
upon and inspect the premises during the normal business hours.
B.
The Chief of Police, to cause an investigation to be
made of the background of the owner and the operator of the amusement game(s)
or game room.
C.
The Village Board.
No license shall be issued to any applicant unless he shall be over
21 years of age.
A.
No applicant shall be denied a license to operate an
amusement game solely upon the basis of a prior criminal conviction, unless
there exists a direct relationship between the criminal record and fitness
for the license sought, or the issuance of the license would involve an unreasonable
risk to property or to the safety or welfare of the general public.
B.
Application of corporation, partnership or association. Any such application shall set forth the names of all partners and their ownership interests in the case of an association; the names of all directors, officers and holders of greater than 10% of outstanding stock issued in the case of a corporation. All such individuals listed above shall indicate all convictions of criminal offenses, as defined in § 56-4B.
C.
In evaluating the fitness of an applicant previously
convicted of a criminal offense, the mandates of Article 23-A of the Correction
Law shall be observed.
After review of the application has been completed, the Village Clerk
shall forward it with his report, together with the recommendations of the
Zoning Enforcement Officer and Chief of Police, if any, to the Village Board
for its review and recommendations. In its review, the Village Board shall
determine whether the granting of a license would be detrimental to the public
health, morals, safety or welfare. If that determination is in the affirmative,
the Board shall deny the application; if that determination is in the negative,
the Board shall grant the license.
After approval by the Village Board, the Village Clerk shall issue a
license upon payment of the license fee. The license shall state:
If the Village Board denies the application or approves it with limits
or conditions not satisfactory to the applicant, and upon written appeal by
the applicant within 10 days of notification of the Village Board's decision,
the Village Clerk shall schedule a public hearing for the first Village Board
meeting for which five days' notice published in the official newspaper
can be given, and after such hearing the Village Board shall reconsider the
same and may amend or modify its decision.
License applications for Class One and Class Two licenses shall be accompanied
by a nonrefundable fee of $50.
The annual fee for a Class One license shall be $75, plus $10 per year
for each machine.
The annual fee for a Class Two license shall be $25, plus $10 per year
for each machine.
The fees fixed herein may be modified from time to time by resolution
of the Village Board.
A premises license shall be issued for the game room or other license
premises, and machine licenses shall be issued for each machine in or upon
such premises. The license or licenses herein provided for shall be posted
permanently or conspicuously at the premises wherein the machine is to be
operated or retained to be operated.
The fee for all authorized additions shall be $10 per machine, the term
of which shall end upon expiration of the premises license issued. If the
additional machines would change the class of license issued, a new application
must then be made and as provided herein.
Not more than one game shall be operated under one machine license,
and the applicant or licensee shall be required to secure a machine license
for each and every game displayed or operated by him.
The operator of any game shall comply with all provisions of law, rules
or regulations relating to the conduct of business and use and maintenance
of the premises.
The operator of any machine shall not permit a greater number of persons
on the premises at any time than the capacity approved by the Village Board
as set forth in the license.
The operator of any machine shall maintain good order on the premises
at all times. The lack of good order on or about the premises in which a machine
is located shall include, but shall not be limited to, the following:
A.
Fighting and rowdy behavior.
B.
Possession or consumption of alcoholic beverages, except
within premises licensed by the state for on-premises consumption of those
beverages.
C.
Gambling.
D.
Violations of the New York State Penal Law, including
the sale or possession of controlled substances upon the licensed premises.
A.
A licensee shall not permit any individual under the
age of 12 years to be on the game room premises between the hours of 8:00
a.m. and 3:00 p.m. on any day upon which classes are being held at any school
in the school district in which the game room is located.
B.
A licensee shall not permit any individual under the
age of 16 on the game room premises after 11:00 p.m. at any time, unless accompanied
by a parent or guardian or person at least 18 years of age with the consent
of the parent or guardian.
The owner or operator of a game room shall not allow it to be open or
used unless it is under the control of and supervision by a person at least
18 years of age who shall ensure that it is operated in compliance with this
chapter.
The operator of a licensed premises shall not allow more amusement games
than the number permitted in the license to be located therein at anytime.
All licenses shall expire on June 1 of the year following the issuance
thereof, and the fees for such licenses shall be prorated on a monthly basis
upon original issuance thereof if the period to be covered by such licenses
shall be less than one year. The license shall state the expiration date.
Application for renewal of licenses shall be submitted at least 30 days before
the expiration of the existing license.
Every license issued under this chapter is subject to the right of revocation,
which is hereby expressly reserved to revoke the same should the licensee,
directly or indirectly, permit the operation of any machine contrary to the
provisions of this chapter, other local laws of the Village of LeRoy or the
laws of the State of New York. Said license may be revoked by the Village
Clerk after written notice to the licensee, which notice shall specify the
local law or law violations with which the licensee is charged, and if after
the hearing the licensee is found to be guilty of such violations. Ten days'
notice of the hearing shall be given the licensee. At such hearing, the licensee
and his attorney may present and submit evidence or witnesses in his defense.
Any person, firm or corporation violating any of the provisions of this
chapter, in addition to the revocation of his or its license, shall be liable
to a fine or penalty of not less than $50 nor more than $500 for each offense.
