[HISTORY: Adopted by the Town Board of the
Town of Babylon as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-7-1983]
The intent of this legislation is to place restrictions
on the use of commercial video games in the Town of Babylon in order
to curtail school truancy.
As used in this article, the following terms
shall have the meanings indicated:
Pinball machines, electronic video screen games, foosball
games, air-hockey games, skeebowls or any other similar games or machines
for the use of which fees are paid directly into the machine or to
any operator.
A place of business or establishment which has four or more
commercial video games on the premises.
A.
Commercial video games are permitted in the following
districts: an E Business District, an Ea Business District, an Eb
Business District, a G Industrial District, a Ga Industrial District,
a GB Industrial District, an H Heavy Industrial District, an M.R.
Multiple Residence District and an M-H Planned Motel-Hotel District.
B.
Commercial video game centers shall be permitted in
all business zoned districts, all industrial zoned districts and an
M-H Planned Motel-Hotel District, subject to the approval of the Zoning
Board of Appeals.
[Amended 6-5-1984]
No business or establishment under this article
shall permit any person under the age of 16 years to operate or play
a commercial video game during the school hours on any weekday that
the public schools in Babylon Town are in session.
[Amended 3-9-1993 by L.L. No. 1-1993]
A license shall be issued to the owner or lessor
of a commercial video game by the Town Clerk.
[Amended 3-9-1993 by L.L. No. 1-1993]
A.
The term of a license issued hereunder shall be for
a period of one year. The license shall be renewed one year from the
date the license was issued.
B.
Renewal applications shall be submitted to the Town
Clerk at least 30 days prior to expiration of the license. Renewals
of licenses shall be effective for the one-year term above described.
A.
Fees for commercial video game licenses shall be payable
annually and shall be based on the number of commercial video games
installed in the premises, whether or not such premises constitutes
a commercial video game center or not.
B.
The annual fee for a commercial video game license
shall be as follows for each commercial video game on the premises:
[Amended 7-12-1994 by L.L. No. 10-1994]
|
Number of Machines
|
Fee for Each Machine
|
|---|---|
|
For the first 1 to 20 machines
|
$50
|
|
For the next 21 to 50 machines
|
$35
|
|
For the next 51 to 100 machines
|
$25
|
|
For the next 101 or more machines
|
$15
|
[Amended 3-9-1993 by L.L. No. 1-1993]
Every application for a license under this article
shall be made to the Town Clerk on such forms as the Town Clerk deems
necessary.
[Amended 3-9-1993 by L.L. No. 1-1993]
A.
Grounds. The Town Clerk, after a hearing upon notice
at which the licensee shall be given an opportunity to be heard, may
suspend or revoke any license issued hereunder, in his/her discretion,
for any of the following causes:
(1)
A person licensed hereunder making any false material
statement in the application for a license.
(2)
Violation of any provision of this article.
(3)
Violation of any law, ordinance, rule or regulation
applicable to the licensed premises or enforceable by any governmental
agency.
(4)
Conviction of a crime.
(5)
Failure to provide for the health, safety or welfare
of any persons frequenting the licensed premises.
(6)
Other good cause.
B.
Notice required. The Town Clerk shall send notice
of the suspension or revocation to the person licensed hereunder,
and the Town Clerk or his/her duly delegated agent shall attach thereto
a statement of his/her reasons therefor.
[Amended 3-9-1993 by L.L. No. 1-1993]
Any notice to be given by the Town Clerk under
this article shall be deemed to have been duly given when:
A.
Served personally upon the licensed person or sent
by registered or certified mail, addressed to his/her residence.
B.
In the case of a corporate licensee, served personally
upon an officer of said corporate licensee or sent by registered or
certified mail addressed to an officer thereof at his/her residence,
together with a copy of the notice by ordinary mail to the address
of the licensed premises.
C.
Served personally upon or sent by registered or certified
mail upon the agent designated by the licensed person or corporate
licensee.
[Amended 3-9-1993 by L.L. No. 1-1993]
Each license issued hereunder shall be kept
conspicuously on the premises and shall, on its face, state the number
of machines licensed for said premises and license expiration date.
No license issued under the provisions of this
article shall be transferred or assigned to any person or used by
any other person other than the licensee to whom it was issued, nor
shall such license be used on any location other than the location
stated in such license.
