[HISTORY: Adopted by the Town Board of the Town of Waterford 12-4-1990 by L.L. No. 3-1990. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Amusement Devices Law of the Town of Waterford."
The purpose of this chapter is to promote the health, safety and general welfare of the residents of the Town of Waterford by controlling the use of amusement devices within the Town of Waterford.
For the purposes of this chapter, the following definitions shall apply:
- AMUSEMENT DEVICE
- Includes but is not limited to the type of coin-operated machine or that device used for a commercial purpose and commonly known as "bagatelle," "baseball," "football," "pinball," "video," "electronic" or "computer" and any and all other coin-operated rides, attractions and games not otherwise prohibited by the laws of this state. It shall also include any coin-operated amusement device. This definition, however, shall exclude any device the possession or use of which is prohibited by law. Further, specifically excluded are those coin-operated devices known as "jukeboxes."
- The individual who places or under whose direction an amusement device is placed within the town, whether or not legal title to such machine or device is in such individual.
- One or more individuals, a partnership, company, corporation, association or society and any officer, agent, servant or employee of the foregoing who shall license, lease, rent, sell install or otherwise dispose of or display, keep, maintain, use or exhibit in the town amusement devices or who shall be in responsible charge of premises as defined in this section.
- Any parcel of land, building, structure, vehicle or any other property or part thereof.
It shall be unlawful for any operator to display or keep or maintain for use and operation or otherwise permit the use and operation of any amusement device without first having registered with and obtained a license from the Town Clerk as prescribed herein.
A verified application for the license required by § 50-3 shall be made, in duplicate, by the person required to obtain such license to the Town Clerk upon blanks to be furnished by the Town Clerk, giving the name and address of the manufacturer of the amusement device, the manufacturer's number, if any, a complete detailed description of the amusement device, including all of the mechanical features thereof, the method of its operation, the location by street and number of the premises where the amusement device is sought to be kept, maintained, used, exhibited or operated, the nature and use of such premises, the number of such amusement devices already licensed upon the same premises and such further information as the Town Clerk or the Town Board may require for the administration of this chapter. The application shall also contain a complete statement indicating whether or not any previous application has been made for a license under this chapter and whether any license under this chapter has been received, refused, suspended or revoked, with the circumstances thereof.
Each license required by this chapter shall expire on the last day of December next following the date of its issuance, unless revoked prior thereto.
No license required by this chapter shall be issued to any person who shall have been previously convicted of any felony. If the applicant is a corporation, no license shall be issued to such corporation if any officer or director of such corporation shall have been previously convicted of any felony.
Each license shall state the name and address of the owner of said license and the number of amusement devices for which such license was issued.
The licensee shall affix and publicly display the license issued pursuant to the provisions hereof so that it may be easily seen at all times by interested parties.
The licensee shall not permit any license to remain posted, displayed or used after the period for which it was issued has expired or when it has been suspended or revoked or if, for any reason, it becomes ineffective.
No amusement device licensed under this chapter shall be operated or devoted or permitted to be operated, devoted or used for any purpose prohibited by law.
Any license, pursuant to the provisions of this chapter, may be revoked or suspended by the license officer for any of the following reasons:
Fraud, misrepresentation or false statement contained in the license application.
Fraud, misrepresentation or false statement made in the course of carrying on the business.
Violation of any provision of this chapter or rules and regulations duly made in accordance therewith.
Conviction of any crime or misdemeanor involving moral turpitude.
Using an amusement device in an unlawful manner or in a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public or for the purpose of gambling.
Obstruction of or denial of entry for authorized inspections.
The license of any licensee whose license shall be suspended twice within any one-year period of time shall be revoked, and no new license or restatement or renewal shall be approved or issued for one year from the revocation date.
Any person violating any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $250, and all licenses held pursuant to this chapter by such person shall be automatically revoked.
Each day of maintenance, exhibition or use of any amusement device in violation of the foregoing subsection shall constitute a separate offense.