[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 3-17-1982 by L.L. No. 1-1982 (Ch. 2A of the 1972 Code). Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating the establishment of amusement centers and the operation of amusement center games. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, reduce hazards and curb the deterioration of community environment.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT CENTER
- Any part of a building, structure, room or enclosure within which is located, maintained or operated for the amusement, patronage or recreation of the public for which a fee, charge or other consideration is imposed an amusement game of any description and particularly but not by way of limitation the type commonly known as "bagatelle," "baseball," "football," "pinball" and "electronic video games."
- AMUSEMENT CENTER GAME
- Any game involving an element of skill or chance which is operated or may be operated by the insertion of a coin or any other object and particularly but not by way of limitation the type commonly known as "bagatelle," "baseball," "football," "pinball" and "electronic video games," for which a fee, charge or other consideration is imposed, directly or indirectly; also, any machine or apparatus, whether manually, mechanically, electrically or otherwise operated and whether or not affixed or attached to or installed in any premises or place, in or upon which machine or apparatus a game involving any element of chance, skill or knowledge may be played by one or more persons, singly or collectively, for which a fee, charge or other consideration is imposed.
No person shall maintain or operate an amusement center game without first having obtained a permit to do so.
The fee for the permitting of an amusement center game shall be as set from time to time by resolution adopted by the Board of Trustees.
No more than two such amusement center games or devices shall be permitted under this chapter for maintenance, exhibition or use in or upon the same premises at any one time, except by special permission of the Board of Trustees. Any permittee having three or more permitted games or devices in or upon the same premises on the effective date of this chapter may continue to maintain and operate such permitted games or devices for up to one year from the effective date of this chapter, after which date no more than two such permitted games or devices may be permitted or operated.
No person under 12 years of age shall be permitted to operate any such device, by the permittee or any person in charge of the premises on which any such permitted device is located, during school hours unless accompanied by a parent or guardian over the age of 16 years.
Any person who shall violate any provision of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Village Code. In addition to these penalties, the Mayor may revoke the permit(s) for any and all of the permitted amusement games or devices on the permittee's premises.