[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 3, Art.
III, of the 1969 Code of Ordinances. Amendments noted where applicable.]
When used in this chapter the following words and terms shall
have the meanings indicated:
Any mechanical device used or designed to be used or operated
for amusement by the insertion of a coin or token of any kind, including
the type of mechanical devices commonly known as a jukebox, bagatelle,
baseball, football and pinball amusement games. The above enumeration
shall not be deemed to be exclusive.
Any person who owns, places, distributes, locates or has
in their possession for placing, distributing or locating within the
City any coin-controlled amusement device or devices which may be
intended to be operated in the City for the amusement, patronage or
recreation of the public.
Any person owning, operating, leasing, controlling or in
possession or charge of any premises within the City where the aforementioned
devices now are or may hereafter be located. The term "proprietor"
shall not include any person, however, who holds title to such devices,
and any person holding such title shall be included in the definition
of "owner."
No owner shall place or deliver for use or have in their possession
for delivery or use within the City any coin-controlled amusement
device without first having obtained a license so to do from the City
Clerk.
An owner who is also a proprietor shall not be required to obtain an owner's license, required under § 69-2, to maintain one jukebox and one other type of coin-controlled amusement device, actually owned by them, on their own premises or leasehold. Such exception shall not apply to a person who owns or controls more than one jukebox or other type of coin-controlled amusement device in the City.
The City Clerk on application duly made in accordance with the
provisions of this chapter is hereby authorized to issue a license
to an owner of a coin-controlled amusement device, upon payment of
a license fee of $500.
An owner's license issued as provided in this chapter shall
entitle the holder thereof to place as many coin-controlled amusement
devices in possession of licensed proprietors as they may care to
so place; provided, however, that such owner complies with all applicable
provisions of this chapter.
[Amended 12-1-1970 by Ord. No. 1970-25]
An owner's license issued under the provisions of this chapter
shall expire on the 31st day of December next succeeding the date
of its issuance, and such expiration shall apply to and include all
tags or identification markers issued in connection therewith, as
provided below.
An owner's license issued as provided in this chapter may be
revoked by the mayor for a violation of any of the provisions of this
chapter applicable to owners.
No person defined herein as a proprietor shall maintain or operate
or permit the maintenance or operation or have in possession of any
coin-controlled amusement device within the City unless they shall
have first obtained a license so to do in the manner provided for
herein.
The City Clerk is hereby authorized to issue a proprietor's
license pursuant to the provisions of this chapter to persons of good
moral character, for each coin-controlled amusement device placed
within the City on premises owned, leased, operated or controlled
by the applicant for such license.
[Amended 12-1-1970 by Ord. No. 1970-25]
A.Â
Proprietors' licenses provided for in this chapter shall be issued
for the following periods upon the payment of the respective fees
indicated:
|
Commencing
|
Period Ending
|
Fee
|
|---|---|---|
|
January 1
|
December 31
|
$50.00
|
|
April 1
|
December 31
|
$37.50
|
|
July 1
|
December 31
|
$25.00
|
|
October 1
|
December 31
|
$12.50
|
B.Â
The coin-controlled amusement devices may be exchanged for other
such devices without payment of a new license fee; provided, however,
that the provisions hereof with respect to tags and identification
markers are complied with by the owner of the device.
A proprietor's license provided for in this chapter may be revoked
by the Chief of Police for a violation of any of the provisions of
this chapter applicable to proprietors.
A.Â
Form. No license shall be issued to an owner, operator or proprietor
unless the applicant for such license shall first present to the City
Clerk a duly verified application for same on a form to be provided
by said Clerk.
B.Â
Approval. No application for an owner's license shall be entertained
unless the application bears the written approval of the mayor. No
application for a proprietor's license shall be entertained unless
the application bears the written approval of the Chief of Police.
A.Â
Required; fee. Each owner licensed as provided in this chapter shall
purchase from the City Clerk a tag or identification marker to be
furnished by said Clerk, for each coin-controlled device located by
or for them or under their control within the City. The owner shall
pay to said Clerk for each tag or identification marker so furnished
the sum of $1. Every such device located within the City limits of
the City shall have affixed to it in some prominent place one of such
tags or identification markers, which shall bear the name and address
of the person in whose name the title thereto is held, the number
of the owner's license and the name, address and license number of
the person in charge of the premises where the device is located.
B.Â
Transfer. Said tags or identification markers shall not be transferred
from one such device to another nor shall such devices be moved from
the premises where they are originally placed unless the original
tag or marker with the required information as to the new location
is obtained from the City Clerk upon payment of said fee of $1.
[Amended 3-7-1989]
A license shall be granted any proprietor of a commercial establishment
for the location of one video game or pinball game or similar-type
game on any premises within 200 feet of any public or private school.
This chapter shall not be construed as including or permitting
any device the possession or use of which is prohibited by law in
the State of New York.
No minor under the age of 18 years shall be permitted to operate
a coin-controlled amusement device unless they are accompanied by
their parent or guardian.
All proprietors licensed pursuant to the provisions of this
chapter shall at all times preserve and maintain good order on the
premises where coin-controlled amusement devices are located.
The issuance of a license pursuant to the provisions of this
chapter shall not operate as a defense to the licensee in any criminal
court to any prosecution wherein such licensee is charged with a violation
of the Penal Law of the State of New York.
No license shall be issued hereunder to any person who has been
convicted of a crime or of any gambling offense against the laws of
the State of New York or the ordinances of the City, unless the applicant
submits proof of good character satisfactory to the Mayor. In the
event that any license holder is convicted of a crime or gambling
offense as stated, their license shall be suspended immediately, shall
be recalled by the City Clerk and shall not be reinstated except on
order of the Mayor after such proof of good character has been furnished.
Any person violating any of the provisions of this chapter and any owner or proprietor who fails to obtain the license required hereby shall be guilty of a violation of this Code, punishable as provided in § 1-22 of this Code, said penalties to be in addition to forfeiture of such person's license.
