[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 70 of the 1983 Code; amended in its entirety 1-21-1997 by L.L. No. 3-1997. Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of East Hills hereby determines that, to protect the public health, safety and welfare of the residents of the Village of East Hills, the public interest requires the placement of restrictions on coin-operated amusement devices within the Village, so as to control commercial properties in the number and placement of such devices.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Any mechanical, electrical or electronic coin-operated amusement device which, by means of the insertion of a coin, token, slug, disk or other similar article, activates the operation thereof. The term indicates, but is not necessarily limited to, pinball machines, electronic games and similar devices, excluding music machines otherwise denominated as "jukeboxes."
- Any individual, partnership, corporation, association of individuals, officers, directors and stockholders, acting in any capacity.
- Any legal, public or quasi-public place, building or store where the public may enter for the purpose of operating or playing such coin-operated amusement device, or otherwise. Where more than one business establishment is operated within a single building or at one address, whether through lease, sublease or ownership, the entire "premises" or building shall be considered, for the purpose of this chapter, to be one "premises," and all regulations of this chapter shall pertain.
- Any person, firm, corporation, partnership, association or club who is the owner, lessee, proprietor or operator of commercial establishments located within the Village or has under his, her or its control any commercial establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of play.
No more than two amusement devices shall be permitted to be installed for use by the public at any premises.
No amusement device shall be located on any premises which is located within 500 feet of the lot lines of a public or private school or house of worship.
No cash awards or awards of anything of monetary value shall be offered or made with respect to the operation of any device, and no device shall be permitted to operate if said device delivers to the player coins or slugs or metal tokens as a result of certain scores, if such delivery of coins, slugs or metal tokens is or is held to be a game of chance or a gambling device contrary to the laws of the State of New York.
Coin-operated amusement devices shall be so placed at the premises so as not to be visible from the street.
There shall be no amusement device located on any premises where no other business is transacted. Said devices shall only be an adjunct to the primary business on said premises.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable, upon conviction therefor, as provided in Chapter 1, General Provisions, Article III. The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. In addition, the Board of Trustees of the Village shall have the right to maintain a civil action for the abatement of any such nuisance as may be created by the violation of this chapter.