Town of Alden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Alden 8-16-1982 by L.L. No. 2-1982 (Ch. 12A of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 211.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, a coin, token or other article or by paying money to have it activated. This definition does not include:
A. 
A jukebox.
B. 
Rides.
C. 
Bowling alleys.
D. 
Any device maintained within a residence for the use of the occupants thereof.
E. 
Any device, the possession or use of which is prohibited by law.
GAME ROOM
A building or place containing four amusement games.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.
PERSON
One or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver or assignee.
TOWN
The Town of Alden outside the Village of Alden.
No person shall maintain or operate a game room in the Town unless it is licensed under this chapter. Licenses shall be issued according to the class of the premises where the game room is located.
A. 
Class One premises are those where the game room is accessory to the principal business use.
B. 
Class Two premises are those where the game room is a principal business enterprise.
A. 
An application for a game room license shall be made to the Building Department on forms and containing information prescribed by the Department.
B. 
The Building Inspector shall determine whether the premises comply with all applicable laws, ordinances, rules and regulations. For that purpose, the Building Inspector shall have the right to enter upon and inspect the premises during normal business hours.
C. 
Game room locations. Licenses may be issued for locations in only C or M Zoning Districts.
D. 
Game rooms shall not be permitted within rooms or space licensed for on-premises consumption of alcoholic beverages.
E. 
Except as provided in the New York Correction Law, Article 23-A, no game room license shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, of which a member, officer, director or holder of 10% or more stock has been convicted of any crime.
A. 
After review of the application has been completed, the Building Inspector shall forward it, with his or her recommendation, to the Planning Board. Upon receipt of the Planning Board recommendation, the Building Inspector shall submit the application and recommendations to the Town Board for its review and approval or denial.
B. 
After a public hearing, the Town Board may approve a license and may establish conditions to promote and protect the health, safety and general welfare of the Town and its inhabitants.
C. 
After approval by the Town Board, the Building Inspector shall issue a game room license upon payment of the license fee as established by resolution of the Town Board.
D. 
The license shall state:
(1) 
The number of amusement games permitted in the game room.
(2) 
The maximum number of persons permitted in the game room at any time.
(3) 
Any other conditions or restrictions imposed by the Town Board.
A. 
The owner and operator of any game room shall comply with all provisions of law, ordinance, rule or regulation relating to the conduct of business and use and maintenance of the premises.
B. 
The owner and operator of any game room shall cause the game room license to be posted at all times in a conspicuous place on the premises.
C. 
The owner and operator of any game room shall not permit a greater number of persons on the premises at any time than the capacity approved by the Town Board as set forth in the license.
D. 
The owner and operator of any game room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room shall include but not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages.
(3) 
Gambling.
E. 
The owner or operator of any game room shall not permit an amusement game therein to be played or operated after 10:00 p.m. by a person under the age of 16 unless accompanied by and under the supervision of a parent or other guardian over the age of 21.
F. 
The owner or operator of a game room shall not allow it to be open and used unless it is under the control of and supervised by a person at least 21 years of age, who shall ensure that it is operated in compliance with this chapter.
G. 
The owner and operator of a game room containing more than 30 amusement games shall provide additional supervisory personnel, all of whom shall be at least 21 years of age, adequate to assure orderly operation of the game room at all times.
H. 
The owner and operator of a game room shall not allow it to be open or the amusement games therein to be played on any day between the hours of 2:00 a.m. and 8:00 a.m.
I. 
The owner and operator of a game room shall not allow more amusement games than the number permitted in the license to be located therein at any time.
A. 
The owner of any amusement game within the Town shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and relating to the conduct of the business in connection with which the game is used and the use and maintenance of the premises where it is located.
B. 
The owner of the game room shall maintain good order on the premises at all times. The lack of good order on the premises shall include but not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises consumption thereof.
(3) 
Gambling.
C. 
The owner of an amusement game shall not permit it to be played or operated after 10:00 p.m. by a person under the age of 16 unless accompanied by and under the supervision of a parent or other guardian over the age of 21.
D. 
The owner of an amusement game shall not allow it to be available for use or used unless it is under the control and supervision of a person at least 21 years of age, who shall ensure that it is operated in compliance with this chapter.
E. 
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 piece of money, coin, slug or token.
F. 
No credit, allowance, check, slug or token nor anything of value shall be offered or given to any player of any amusement game as a result of plays made thereon.
Application and license fees shall be set by resolution of the Town Board.
A. 
The premises of all game rooms in the Town, when open for the transaction of business, shall be subject to inspection by the Building Inspector.
B. 
Any other premises in the Town containing amusement games, when open for the transaction of business, shall be subject to inspection by the Building Inspector.
Game room licenses shall expire one year from the date of issuance. Applications for renewal of game room licenses shall be submitted at least 30 days before the expiration of the existing license.
The Town Board may revoke a game room license for cause after a public hearing.
A. 
Any person who violates any provision of this chapter shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for 15 days, or both.
B. 
Each day that a violation exists, occurs or continues shall constitute a separate offense.