[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 9-6-1995 by L.L. No. 6-1995 (Ch. 30 of the 1988 Code). Amendments noted where applicable.]
Zoning — See Ch. 140.
The purpose of this chapter is to provide for the orderly operation of any amusement center or amusement game so that public safety will be protected as well as the peace and tranquillity of the neighborhood.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT CENTER
- All or any part of a building, structure, hall, auditorium, tent or enclosure of any type within which is produced, offered, presented or operated four or more amusement games as herein defined. This definition does not include such premises in which jukeboxes are the only type of amusement game.
- AMUSEMENT GAME
- Any mechanical or electronic device used or designed to be operated for entertainment or as a game by the insertion of a coin or the insertion of a token or slug which must be purchased, and shall include the type of mechanical or electronic devices commonly known as "video games," baseball, radio, target gun or similar target, football, pinball, pool tables, snooker tables, foosball, television-screen-type games such as tennis or handball, jukeboxes and those individual mechanical motion-picture machines commonly referred to as "peep shows." This enumeration shall not be deemed to be exclusive, but no device prohibited by law shall be included.
No person, individually or as a fiduciary, and no firm, partnership, corporation or other type of business shall maintain or operate an amusement center within the Village of Spencerport without first having obtained an amusement center license.
An application for an amusement center license shall be made to the Village Clerk, on forms provided by such officer, who shall then cause an investigation to be made of the background of the owner and of the operator of the center, all to assure the safety and protection of the public.
Upon receipt of such application for an amusement center license, the Village Building Inspector shall, during ordinary business hours, inspect the premises to determine whether the applicant is complying with all statutes, laws and ordinances and shall, after a license has been issued, make further inspections as necessary to enforce compliance.
Except as provided in the New York Correction Law Article 23-A, no amusement center license shall be issued to any person pleading guilty to or convicted of any crime.
An amusement center license may be issued only in a commercial or industrial district as defined in Chapter 340, Zoning, of the Code of the Village of Spencerport, but not within 400 feet of a public or private elementary or secondary school, church or day-care facility, measured in a straight line between the two closest points on the property lines of the school, church or day-care facility and the amusement center.
The Village Board may hereafter adopt rules and regulations to provide for the orderly operation of any amusement center or amusement game so that public safety will be protected, as well as the peace and tranquillity of the neighborhood.
Each owner and operator of any amusement center shall:
Cause the amusement center license to be posted in a conspicuous place on such premises.
Restrict the number of persons on the premises within the capacity approved by the Building Inspector and shown in the license.
Comply with all provisions of federal, state and local laws and ordinances relating to the conduct of business and the use and maintenance of the premises.
Comply with all notices, orders, decisions and any Village Board rules or regulations governing the occupation and use of said premises.
Each owner and operator of an amusement center shall be of good moral character and shall maintain order on the premises at all times so that there will be no fighting, rowdy behavior, gambling, illegal or excessive consumption of alcoholic beverages or other activity disturbing the peace.
No license shall be issued for an amusement game center which contains any amusement game which is not permitted under state law or which does not function safely and properly.
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game, and no such game shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any coins, slugs or metal tokens.
No credit, allowance, check, slug, token or anything of value shall be offered or given to any player of any amusement game as a result of plays made thereon.
The licensee of any amusement game center shall comply with all provisions of federal, state and local laws and ordinances pertaining to such games.
The annual fee for an amusement center license shall be established by resolution of the Village Board, payable upon application for the license, but, for the initial license, prorated on a quarterly basis.
A license shall expire on December 31 of each year.
The Village Clerk:
May deny or revoke a license or deny the renewal of a license to any applicant not in compliance with the provisions of this chapter or any rule or regulation adopted by the Village Board herein or when a material misrepresentation is made on the license application.
Shall give written notification to the applicant of the denial revocation and the reasons for such.
An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.