[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:
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."
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.
