[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 19
of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Amusement Devices Law of the Village of Waterloo, New York."
A.
COIN-CONTROLLED AMUSEMENT DEVICE
JUKEBOX
SHUFFLEBOARD
Specific terms. As used in this chapter, unless the
context or subject matter otherwise requires, the following terms
shall have the meanings indicated:
Any electronic or mechanical device or contrivance for which
the insertion of a coin, token, slug, disk or other article into a
slot, crevice, opening or attachment connected with or forming a part
of any such device or contrivance effects the operation thereof for
use as a game, contest or amusement by one or more persons, singularly
or collectively, or which may be so used. The term "coin-controlled
amusement device" includes but is not limited to pinball machines,
bagatelle, baseball, football, video games and similar devices.
[Amended 7-12-1999 by L.L. No. 3-1999]
Any music vending machine, contrivance or device which, upon
the insertion of a coin or token into any slot, crevice or other opening,
or by the payment of any price, operates or may operate for the emission
of songs, music or similar amusement.
Includes any board, surface, floor, table or structure on
which a game is played by pushing or moving pieces or articles to
reach certain marks or areas.
B.
Definitions not exclusive. The above enumerations
and definitions shall not be deemed to be exclusive. Such enumerations
and definitions shall exclude any device, the possession or use of
which is prohibited by law, and nothing in this chapter shall in any
way be construed to authorize, license or permit any gambling device
whatsoever or any mechanism that has been judicially determined to
be a gambling device or in any way contrary to the laws of the State
of New York.
A.
No person shall place or deliver for use any jukebox
or shuffleboard or any coin-controlled amusement device on any premises
in the Village of Waterloo, or permit the use thereof in any place
under his or her control, without a license so to do having been first
obtained from the licensing officer as hereinafter set forth.
B.
Nothing in this chapter shall be construed to require
a license for shuffleboards which are owned, operated, maintained
or controlled by any fraternal or nonprofit club or association that
does not offer for sale or hire any goods, merchandise or services.
The owner, operator or lessee of any such jukebox,
shuffleboard or coin-controlled amusement device, or his or her duly
authorized agent, who desires to distribute or place any such jukebox,
shuffleboard or coin-controlled amusement device for use shall make
application in duplicate to the licensing officer for such permission
upon blanks to be furnished by the Village Clerk-Treasurer, giving
the name and address of the applicant, date and place of birth, a
detailed description of the mechanical or other features of the device,
the name and address of the person having the responsible charge of
the premises upon which the device is proposed to be located for use
and the location of said premises by street and number.
A.
Police Chief. Upon receipt of the application for
a license under this chapter by the licensing officer, the application
shall be referred to the Police Chief, who shall make an investigation
of the applicant's character, to be made as he or she deems necessary
for the public good. Such investigation shall look into the statements
made upon such application and the applicant's character.
B.
Disapproval; grounds; effect. If as a result of such
investigation the applicant's character is found to be unsatisfactory,
the licensing officer shall endorse on such application his or her
disapproval and his or her reasons for the same and return the application
to the Village Clerk-Treasurer, who shall notify the applicant that
his or her application is disapproved and that no license will be
issued.
C.
Satisfactory report; issuance of license. If as a
result of such investigation the character and business responsibility
of the applicant are found to be satisfactory and the premises to
be licensed meet all requirements of the applicable laws of the State
of New York and this Municipal Code, the licensing officer shall endorse
on the application his or her approval and execute a license, on forms
supplied by the Village Clerk-Treasurer, addressed to the applicant
for the carrying on of the business as applied for and return such
license along with the duplicate application to the Village Clerk-Treasurer,
who shall, upon payment of the fees prescribed in this chapter, issue
and deliver to the applicant such license.
The licensing officer, upon approval of such
application, shall issue a license to the applicant to place and permit
the use upon the premises designated in the application of the jukebox,
shuffleboard or coin-controlled amusement device described therein
and in the number therein specified. A license shall be procured for
each such jukebox, shuffleboard or coin-controlled amusement device
so placed, and a suitable card bearing the number and expiration date
shall be obtained from the Village Clerk-Treasurer and securely attached
to the licensed article.
Any such license and card may be transferred
from one jukebox, shuffleboard or coin-controlled amusement device
to another similar jukebox, shuffleboard or device at the same locality.
Not more than one such jukebox, shuffleboard or coin-controlled amusement
device shall be operated under one license and card. All licenses
and cards shall be restricted in use to the premises designated in
the application for each license.
[Amended 7-12-1999 by L.L. No. 3-1999]
The licensing officer shall not issue any license
hereunder for any jukebox, shuffleboard or coin-controlled device
unless the fee as established from time to time by resolution of the
Board of Trustees has been paid to the Village Clerk-Treasurer.
[Amended 3-8-1993 by L.L. No. 4-1993]
Every license and card issued under this chapter shall expire on December 31 next following the date of issuance. The fee for such license granted after July 1 of any year shall be 1/2 of the amounts set forth in § 74-8.
No license shall be issued to any applicant
unless he or she shall be 18 years of age or over.
Every license and card issued under this chapter
is subject to the right, which is hereby expressly reserved, to revoke
the same should the licensee directly or indirectly permit the operation
of any jukebox, shuffleboard or coin-controlled amusement device contrary
to the provisions of this chapter or other provisions of this Municipal
Code or the laws of the State of New York. Any license may be revoked
by the licensing officer after written notice to the licensee, which
notice shall specify the specific violation with which the licensee
is charged, if after a hearing the licensee is found to be guilty
of any such violation. Ten days' notice of hearing shall be given
the licensee. At such hearing, the licensee and his or her attorney
may present and submit evidence in his or her defense.
