[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 10-18-1982 by L.L. No. 9-1982. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include but not be limited to such devices as pinball machines,
electronic games, skill ball and all games, operations or transactions
similar thereto under whatever name they may be known. The term does
not include vending machines in which there is not incorporated gaming
or amusement features, nor does the term include any coin-operated
musical devices or rides.
[Amended 3-12-1990 by L.L. No. 3-1990]
No person, firm, association, corporation or other entity shall
possess, maintain, use or permit to be possessed, maintained, used
or operated in or upon any premises in his possession or under his
control in any commercial zone (C-1 or C-2), as set forth in the Village
of Suffern Zoning Local Law,[1] an amusement device without first having obtained a license
for each such device, the fee for which shall be set by resolution
in the Standard Schedule of Fees of the Village of Suffern,[2] and which shall be valid for the calendar year for which
it was issued.
A.
Application for an amusement device license shall be made to the
Village Clerk and shall contain the following information.
(1)
The name and date of birth, home address, social security number
and telephone number of the applicant.
(2)
If a firm, corporation, partnership or association, the names, dates
of birth, home addresses, social security numbers and telephone numbers
of the principals and officers thereof.
(3)
The names, dates of birth, home addresses, social security numbers
and telephone numbers of all persons having a financial interest in
such gamerooms.
(4)
The address of the premises for which licenses are required, including
the square footage of the proposed operating area.
(5)
The name, date of birth, home address, social security number and
telephone number of the manager of the premises for which licenses
are requested.
(6)
For each person named on the application form, a statement of fact
concerning any conviction in any jurisdiction of any crime, including
full disclosure of the nature of such conviction, the place of conviction,
the date of conviction and any penalty or disposition of such conviction.
(7)
The distributor, trade name, description, serial number and manufacturer
of each amusement device proposed. The Village of Suffern shall be
notified within 10 business days of any change in machines.
(8)
Certification, under oath, made by the applicant that the information
contained in the application is complete, accurate and truthful.
(9)
The floor plan of the premises, including dimensions, depicting the
proposed location of amusement devices, aisles, exits and counter
areas, if any.
B.
Copies of the application shall be referred to the Chief of Police,
the Building Inspector and the Fire Inspector. The Chief of Police
shall ascertain if the applicant has been previously convicted of
a crime and shall inform the Village Clerk of his findings. If the
applicant has never been convicted of a crime, the Chief of Police
shall approve the application. The Building Inspector and Fire Inspector
shall determine whether the location and operation of the premises
and of the amusement device are in compliance with the applicable
statutes, local laws, ordinances and regulations and shall inform
the Village Clerk of their findings. If the location and proposed
operation of the premises and of the amusement device comply with
all applicable statutes, local laws, ordinances and regulations, the
Building Inspector and Fire Inspector shall approve the application.
If the aforementioned individuals approve of the application and if
the applicant complies with the other provisions of this chapter,
the Village Clerk shall issue an amusement device license for each
such device upon the payment of the fee set by resolution of the Board
of Trustees in the Standard Schedule of Fees.[1]
[Amended 3-12-1990 by L.L. No. 3-1990]
[Amended 3-12-1990 by L.L. No. 3-1990]
Any license issued pursuant to this chapter shall be conspicuously
displayed in the premises wherein the amusement device is operated
or maintained. Such license may be transferred from one amusement
device to another amusement device at the same location upon notification
of the Village Clerk to such effect, upon the furnishing of a description
and serial number of the new amusement device and the payment of a
transfer fee in an amount set by resolution of the Board of Trustees
in the Standard Schedule of Fees of the Village of Suffern.[1]
A.
A licensee may not offer any prize or reward to any person playing
an amusement device, nor shall any licensee permit such amusement
devices to be used for gambling purposes.
B.
Amusement devices shall be located on a premises so as not to impair
ingress or egress to the premises and so as not to interfere with
the circulation and movement of customers.
C.
Amusement devices shall be located where they are visible at all
times to the licensee or his agent.
D.
The licensee shall not permit noise, either from mechanical means
or the patrons, which causes a disturbance of the peace of the adjacent
and surrounding occupants or uses.
E.
The licensee shall provide adequate and orderly parking for bicycles
and shall keep the storefront and sidewalks unobstructed so that they
are clear and open to unencumbered pedestrian traffic.
A.
Any license issued pursuant to the provisions of this chapter shall
expire upon any of the following conditions:
(1)
Discontinuance of the permit holder's business.
(2)
Removal of a permitted amusement device from the business premises,
which is not replaced within 30 days by another amusement device of
similar size.
(3)
Transfer or sale of the business to another individual, partnership,
corporation or other entity.
(4)
December 31 of each year.
B.
All licenses issued pursuant to the provisions of this chapter are
subject to suspension or revocation of the Chief of Police upon any
of the following conditions:
(1)
Willful misrepresentation by the licensee or his agent in applying
for the license.
(2)
Conviction of the licensee of any felony or misdemeanor involving
any violation of this chapter.
(3)
The existence of a nuisance to customers, other businesses or the
public stemming from the operation of amusement devices on the licensee's
premises. The definition of "nuisance" for the purposes of this subsection
shall include the violation of any provision of the Code of the Village
of Suffern or New York State statutes pertaining to force, violence,
disorderly conduct, moral turpitude or gambling.
C.
Prior to the suspension or revocation of any license, the Chief of
Police shall give the licensee written notice of the suspension and
the length of the suspension or revocation, the reason therefor and
the date of suspension or revocation, which date shall be at least
10 days from the date of service of said notice. Said notice shall
inform the licensee that he may request a hearing on the issue of
the suspension or revocation by filing a letter requesting a hearing
with the Village Clerk prior to the suspension or revocation date
specified in the notice. Said notice may be served personally on the
licensee or on an agent or employee of the licensee or may be mailed
to the premises of the licensee by registered or certified mail. The
license shall be considered to have been revoked on the date specified
in said notice unless the licensee demands a hearing on the suspension
or revocation prior to the suspension or revocation date specified
in said notice. The Mayor shall forthwith appoint a hearing officer
who shall hear and determine the matter.
D.
The hearing officer shall determine whether the licensee violated
the provisions of this chapter and whether the license(s) should be
suspended and, if so, the period of suspension or whether the license(s)
should be revoked. The hearing shall be conducted in an informal manner.
The Village shall have the burden of establishing grounds for suspension
or revocation. The hearing officer shall prepare a written decision
which shall be mailed to the parties and filed with the Village Clerk.
The hearing officer's decision shall not affect any criminal
proceedings pursuant to the provisions of this chapter or the Code
of the Village of Suffern.
[Amended 11-3-2008 by L.L. No. 16-2008]
This chapter shall be enforced by the Code Enforcement Officer
or Village of Suffern Police Department.
[Amended 3-12-1990 by L.L. No. 3-1990]
Any person, firm, corporation or association violating any provision of this chapter, in addition to the revocation of his license(s), shall be guilty of a violation punishable as provided in § 1-12 of Chapter 1, General Provisions, per amusement device. The continuation of a violation of this chapter shall constitute a separate and distinct offense for each and every week the violation is continued.
