[Added 4-21-1981 by L.L. No. 1-1981]
This article, and all amendments, codifications and recodifications
hereof, shall be known and may be cited as the "Games and Arcades Control
Law of the Village of New Hyde Park."
The unrestricted establishment of commercial game rooms and arcades
would pose substantial hazards to the peace, comfort, health, safety and welfare
of village residents. Likewise, the unregulated proliferation of games and
other amusement devices, as incidental uses within established business premises,
would pose equally serious problems in the maintenance of an orderly and peaceful
flow of commerce, in the preservation of the public safety and welfare and
in the promotion of legitimate and necessary uses within the business community.
It is the purpose of this article to assure the protection and preservation
of the village's comprehensive planning; the safeguarding of the general
health, welfare, morals and comfort of the village citizenry; and the restriction
and prohibition of certain unsuitable uses which, by their nature or evolution
within the community, would seriously impede or adversely affect proper land
use and development, the efficient delivery of essential municipal services,
the orderly regulation of pedestrian and vehicular traffic and the reasonable
enjoyment of recreational activity within the community as a whole.
A.
AMUSEMENT DEVICE
GAMES ARCADE
PERSON
VIDEO GAME
For purposes of this article, and all amendments or additions
hereto, the following words and phrases shall have the meanings described
herein, as and wherever the same shall appear in this article:
Any non-video machine, implement or device, whether mechanical, electronic,
electric or computerized, designed, intended, used, operated or otherwise
maintained as a game, amusement or skill device and which requires or contemplates
active participation in its control, operation or manipulation of its component
parts or processes by the user(s) thereof, including but not limited to the
following: pinball machines, electronic shooting galleries, electronic skill
galleries, billiard or pooltables, electronic bowling or shuffleboard tables
and casino-type games.
[Amended 4-19-1983 by L.L. No. 1-1983]
Any lot, plot, premises, building or structure open to the public, which is used primarily for the operation of video games or amusement devices, as such terms are defined in this article, or in which two or more such video games and/or three or more such amusement devices, except as otherwise permitted under the provisions of § 44-66 herein, are situated, stored, possessed, operated, used or maintained and for which use a fee is charged either directly or by membership, ticket or other indirect fees, whether for admission in and to such place or premises or for access to or use of any such video game or amusement device.
[Amended 4-19-1983 by L.L. No. 1-1983]
Includes any natural person, firm, corporation, copartnership, association,
joint-stock association, company, organization, club, society or other entity,
except the State of New York, the United States, the Village of New Hyde Park
and any divisions, boards, commissions, agencies or departments thereof when
acting in their official capacities.
Any electric, mechanical, electronic or computerized device, machine
or implement having video-graphics as a component thereof, which is designed,
intended, used, operated or otherwise maintained as a game, amusement or skill
device and which requires or contemplates active participation in the control,
operation or manipulation of its component parts, programs or processes by
the user(s) thereof.
[Added 4-19-1983 by L.L. No. 1-1983]
B.
Word usage.
(1)
Unless the context shall clearly require otherwise, the
words "and" and "or" shall be interpreted to mean and include each other and
shall be interchangeable.
(2)
The word "shall," whenever it appears, shall always mean
"must" and shall prescribe mandatory conduct; the word "may," whenever it
appears, shall always mean "might" and shall prescribe permissive or discretionary
conduct.
(3)
Unless the context shall clearly require a different
interpretation, whenever the singular form of a word shall appear herein,
it shall mean and include the plural thereof, and whenever the plural form
of a word shall appear herein, it shall mean and include the singular thereof.
Insofar as it may actually conflict with the provisions of any other
law, ordinance, rule, order or regulation, this article, and all amendments,
codifications and recodifications hereof, shall be deemed to supersede and
take precedence and control over every such contrary provision, but only to
the extent and degree necessary to effect the purposes of this article and
carry out its provisions and for no other reason.
[Amended 4-19-1983 by L.L. No. 1-1983]
A.
It shall be unlawful for any person to establish, construct, use, operate or maintain any games arcade anywhere within the Village of New Hyde Park, except as provided for under § 44-69 hereof, and under no circumstances shall any license, permit, special exception or other authorization of any kind be granted or issued by any board, commission, officer, agent or employee of the village, except in conformance with the provisions of such section.
B.
It shall be unlawful for any person to use, store, possess,
operate, maintain or permit to be used, stored, possessed, operated or maintained
any video game or amusement device for commercial purposes, in or upon any
premises within the village, except as an incidental use and not as the primary
use, on business premises and only after having previously obtained all licenses,
permits or conditional use permits therefor as may be required by this article.
[Added 4-19-1983 by L.L. No. 1-1983]
Notwithstanding any provisions in this article to the contrary, the
Board of Trustees, after a duly noticed public hearing, may authorize the
issue of a conditional use permit for a games arcade for such limited time
as it may deem advisable, subject to such conditions, limitations and safeguards
as it may deem appropriate, after finding that such a proposed use shall conform
to the general character of the neighborhood in which it is to be located;
that such use will not create undue congestion or undue pedestrian or vehicular
traffic; that such use is consistent with the surrounding uses in the proposed
location; that such use will not adversely affect the public order, health,
safety or welfare; and that such use will be accommodated in a building or
structure having suitable off-street parking, open courts and other areas
necessary or desirable to such use. In determining whether to issue such permit,
the Board shall also take into account whether such use is to be the primary
use engaged in on the premises or shall be an incidental or ancillary use
in such premises. In issuing such permit, the Board shall specifically set
forth thereon the duration of such permit, the exact location of the permitted
use, the number and type of video games and/or amusement devices to be permitted
on the premises and any other conditions, limitations or requirements to which
the permit is subject.
[Amended 4-19-1983 by L.L. No. 1-1983]
A.
No person shall own, lease, store, possess, use, operate
or maintain any video game or amusement device, as the same is defined in
this article, for business or commercial purposes, in any premises within
the village, unless said premises has been issued a permit therefor and unless
licenses for each such game or device have been previously obtained from the
village in accordance with this article.
B.
A separate permit shall be obtained for each building,
facility, structure or other premises in which games or amusement devices
are to be used, operated or otherwise maintained for commercial purposes,
and a separate license shall be obtained for each such game or amusement device
so used, maintained, stored, possessed, operated or located in such premises.
[Amended 4-19-1983 by L.L. No. 1-1983]
A.
Applications for premises permits and games/devices licenses
shall be made in writing on forms provided by the Village Clerk. Said applications
shall be accompanied by all application and permit fees and filed in the office
of the Village Clerk during regular business hours. Every such application
shall provide such information as the Board of Trustees may direct or require,
from time to time, by rule, resolution or order of such Board, and shall be
fully completed, signed and notarized in order to be accepted for filing by
the Village Clerk. No license or permit shall be issued by the Clerk unless
or until all of the provisions of this article are fully complied with.
B.
Upon proper filing of the application, payment of all
fees required herein and referral of such application to the Board of Trustees
for its consideration, the Board of Trustees shall authorize the Clerk to
issue such permits and licenses as meet with the requirements of this article.
Such license shall be issued on an annual basis only and shall expire on December
31 next succeeding the date of issuance. No such license or permit shall be
transferable.
[Amended 4-19-1983 by L.L. No. 1-1983]
In the event that a license or permit issued hereunder shall not be renewed and the fees thereof paid in full on or before the 31st day of January next succeeding the date of issuance, then such permit and/or license shall expire and terminate, and the holder thereof shall be required to file a new application and pay a new application fee for the issuance of same. No such expired license or permit shall be used, nor shall the same have any force or effect, unless or until the same shall be renewed in accordance with the provisions of §§ 44-67 through 44-70.
[Amended 4-19-1983 by L.L. No. 1-1983]
A.
(1)
For each original application for a premises permit and
license(s): the sum of $50.
(2)
For the renewal of each premises permit: the sum of $25
per annum.
(3)
For each game/amusement device license: the annual renewal
fee of $10 per annum.
(4)
For each application for a conditional use permit: the
sum of $125.
(5)
For the renewal of each conditional use permit: the application
fee of $75.
B.
All fees provided for herein shall be nonrefundable and
without proration.
C.
The Board of Trustees may, from time to time, amend,
repeal, abolish or otherwise modify any fee provided for herein by order or
resolution of the Board. Except for good cause shown, and unless specifically
provided for therein, no such order or resolution shall be retroactive, in
either its effect or application, to any permit or license issued prior to
the date of such order or resolution.
A.
[Amended 4-19-83 by L.L. No. 1-1983] It shall be
unlawful for any person to own, lease, store, possess, use, operate or maintain
any video game or amusement device for business or commercial purposes within
the Village of New Hyde Park, and no license, premises permit or conditional
use permit shall be granted or issued therefor, within any of the following
restricted locations or premises:
(2)
Any open area, open court or other mandatory open portion
of any lot, plot or premises.
(3)
Within or upon any place, premises or building which
is designed, constructed, altered, intended, used or maintained as or for
a residential dwelling or apartment, except that such use shall not be prohibited
in any such building, structure or premises in which such residential quarters
are segregated from the proposed use by placement on a separate floor of such
premises from the floor in which such proposed use is to be maintained.
B.
The provisions of this section shall not apply to any
establishment actually licensed by the Village of New Hyde Park for the use,
operation or maintenance of any game or amusement device prior to the effective
date of this article, solely in respect to any such game or amusement device
actually covered under the provisions of any such license, for a period of
one year from the effective date of this article. Upon the expiration of the
term provided for hereby, this section shall apply fully, with equal force
and effect, to every person, place, premises and building within the village.
[Amended 4-19-1983 by L.L. No. 1-1983]
A.
In every premises where a games arcade is permitted to be operated, the Board of Trustees may require as a condition of such permit that, for every two additional video games or amusement devices in excess of the limitations provided for in the definition of "games arcade" set forth in § 44-63 hereof, one off-street parking space shall be required, to be provided on the premises or on an adjoining contiguous lot or lots owned or leased by the operator of such arcade for such purposes. In determining the requirements for such off-street parking, the Board of Trustees may consider the availability of existing off-street parking on or adjoining the premises, as well as the proximity of municipal parking lots to the proposed arcade site, and may amend or modify the requirements of this subsection as it may deem appropriate in each case.
B.
Every game and amusement device within the village shall
be so situated and placed within and upon the premises licensed therefor so
that it shall not:
(1)
Block or otherwise obstruct any window, door, doorway,
ventilating duct, fire exit, boiler, furnace, radiator, baseboard or other
heating device, stairs or stairway, toilet or other sanitary facility, in
or upon the premises; or
(2)
Block or obstruct, encumber or otherwise interfere with
the free, clear passage of any person into, through or from such premises.
A.
Any license or permit issued pursuant to the provisions
of this article may be suspended or revoked by order of the Board of Trustees
or by order of the Village Clerk for a violation of any of the provisions
of this article. The effective date of any such revocation or suspension shall
be the date of service of a written notice of same, and such notice shall
be deemed served in compliance with this section on the date that same shall
be either personally served or delivered to the person to whom the license
or permit was issued or on the date such notice is mailed, return receipt
requested, by either certified or registered mail, to the last known address
of the holder thereof, as the same shall appear on the most recent application
for such license or permit.
B.
Any person whose license or permit has been suspended
or revoked pursuant to the provisions herein shall have the right to a hearing
before the Board of Trustees to review such suspension or revocation, provided
that such person files a written petition requesting such hearing in the office
of the Clerk within 30 days of the date of service of the notice provided
for hereinabove. The Board of Trustees, within 30 days of the date of filing
of such petition, shall fix the date for such hearing and shall hold the same
and render its decision thereon within 60 days of the date of the hearing.
C.
It shall be unlawful for any person whose license or
permit has been suspended or revoked, or whose license or permit has become
null and void after expiration and nonrenewal thereof, to use, operate or
maintain any game or amusement device for business or commercial purposes
or to allow any other person to use, operate or maintain the same within the
Village of New Hyde Park during any period of time after which such license
or permit has been suspended or revoked or has become null and void and before
which such license and permit has been actually and validly reissued, reinstated
or restored.
