[HISTORY: Adopted Orangetown Town Board 7-19-1982 as Local Law No. 9, 1982. Amendments noted where applicable.]
Be it enacted by the Town Board of the Town of Orangetown as follows:
As used in this local law, the following terms shall have the meanings indicated:
- Any mechanical, electronic, video or computerized machine which, by means of a lever, switch, electric current or insertion of a coin, token, slug, plate, disc or other article into a slot, crevice, opening or attachment connected with or forming a part of such machine, affects the operation thereof for use as a game, contest or amusement or which may be so used; provided, however, that jukeboxes or similar amusement devices used for the reproduction of music or sound only shall not be considered devices for purposes of this local law.
- An individual, partnership, joint venture, society, association, club, corporation or unincorporated group, or any members, officers, directors, agents, employees or stockholders, or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
- Any public or quasi-public place, space, room, enclosure, building or store where the public may enter.
[Amended 2-11-1985 by L.L. No. 1, 1985; 10-10-1995 by L.L. No. 10, 1995]
It shall be unlawful for any person to have in his possession or control, or to install, operate, maintain or permit to be placed in any premises, room, space, enclosure or building owned, leased or occupied by him or under his management or control any machine, apparatus or device commonly known as a "pinball machine" or any device or electronic or video game or any other machine or device commonly known as a "pool table," "football table" or "skittleball" or any other device defined herein without a license therefor first having been obtained. The fee for such license shall be $35 per year or any portion of a year, per device.
Any person desiring to locate an amusement device or having such a device in his possession or control within the Town of Orangetown shall apply to the Town Clerk of the Town of Orangetown for a license for same.
The application shall contain, at a minimum, the following information:
Name and address of the applicant.
Address of the premises.
If the applicant is not the owner of the device, the name and address of the owner of the device.
Name and address of the landlord of the premises.
Name and address of the tenant of the premises.
Type of device.
Floor plan with dimensions of the premises, showing the proposed location of the device thereon.
Serial number of the seal attached to the device or other identifying information.
No license shall be issued to any person when he or the person owning or leasing the premises where the device is or is to be located has been convicted of a crime or of any gambling offense against the laws of the State of New York; and, in the event of any such conviction subsequent to the issuance of said license or the awareness of any prior or subsequent such conviction by the Town Clerk, said license shall be immediately revoked.
Before issuance of a license, the Town Clerk shall obtain approvals from the following Town departments:
No license shall be issued for more than one device in any 150 square feet of public space contained within a premises, and no license shall be issued for more than six devices at any one premises; provided, however, that this provision shall not apply to billiard parlors and bowling alleys.
[Amended 12-13-1982 by L.L. No. 16, 1982]
No license shall be issued for any device located within 50 feet of any property line of a public or private school, house of worship, library, fire station, hospital, nursing home, convalescent home or sanatorium.
[Amended 11-28-1983 by L.L. No. 12, 1983]
It shall be unlawful for any device to block any entrance, exit or fire exit to or from a premises.
Upon proper application, approval by the Town Police Department and approval by the Town Fire Inspector, together with submission of the appropriate fees, the Town Clerk shall issue a license.
Licenses issued under the provisions of this local law shall expire on December 31 of each year and shall be renewed by the Town Clerk upon receipt of a renewal application and a renewal fee in the amount then prevailing for the period of renewal.
Licenses shall be transferable from one device to another, provided that an application for such transfer is filed with and approved by the Town Clerk.
[Amended 12-13-1982 by L.L. No. 16, 1982]
Upon issuance of the license, the Clerk shall also issue a certificate for one or more devices so permitted. Said certificate shall contain the name of the applicant and the license number or numbers and expiration date or dates. The certificate shall be affixed in a prominent place on the premises in the vicinity of the devices by the applicant.
Any person committing an offense against any provision of this local law shall be guilty of a violation punishable by a fine not to exceed $500 per device or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. The continuance of an offense against the provisions of this local law shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
This local law shall be enforced by the Orangetown Police Department.
The issuance of any license hereunder shall in no manner be construed as an approval of, waiver of or compliance with any requirements of the Orangetown Zoning Code or the New York State Building Code.
The invalidity of any section, clause, sentence or provision of this local law shall not affect the validity or any other part of this local law which can be given effect without such invalid part or parts.
This local law shall take effect immediately upon filing with the Secretary of State.