[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.
A.Â
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.
B.Â
The application shall contain, at a minimum, the following
information:
(1)Â
Name and address of the applicant.
(2)Â
Address of the premises.
(3)Â
If the applicant is not the owner of the device, the name
and address of the owner of the device.
(4)Â
Name and address of the landlord of the premises.
(5)Â
Name and address of the tenant of the premises.
(6)Â
Type of device.
(7)Â
Floor plan with dimensions of the premises, showing the
proposed location of the device thereon.
(8)Â
Serial number of the seal attached to the device or other
identifying information.
A.Â
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.
B.Â
Before issuance of a license, the Town Clerk shall obtain
approvals from the following Town departments:
A.Â
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]
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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[1] 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.
