[HISTORY: Adopted by the Town Board of the Town of West Seneca 7-6-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed amusements — See Ch. 48.
Bingo — See Ch. 52.
Noise — See Ch. 82.
Zoning — See Ch. 120.
The short title of this chapter shall be "Amusements and Amusement Businesses."
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT CENTER
A building, premises or place which provides entertainment by means of amusement devices and which contains more than five (5) such devices.
COIN-OPERATED AMUSEMENT DEVICE or DEVICE
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. The term "amusement device" does not include jukeboxes.
DISTRIBUTOR
Any person, firm, corporation, partnership or association who sets up for operation by another any device as herein defined, whether such setting up for operation, leasing or distributing is for a fixed charge or retail or on the basis of a division of the income derived from such device, or otherwise.
PROPRIETOR
Any person, firm, corporation, partnership, association or club who, as the owner, lessee or proprietor, has under his or its control any 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 use or play.
No person, firm or corporation shall engage in the business of a distributor or proprietor of coin-operated amusement devices, as the terms are herein defined, without first having obtained the proper license therefor.
A. 
The license fee for each distributor shall be one hundred dollars ($100.), together with a fee of fifteen dollars ($15.) for each such device leased or distributed to a proprietor.
B. 
The license fee for each proprietor shall be twenty dollars ($20.) per year for each device used or played or exhibited for use or play.
C. 
All license fees shall be payable annually in advance and shall accompany the application, provided that, where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee.
D. 
All licenses shall expire on the 31st of December of each year.
The provisions of this chapter requiring license fees shall not apply to any church, fraternal or veterans' organizations or other religious, charitable or nonprofit organization which operates a coin-operated amusement device exclusively for the use of its members and their guests and on premises owned or controlled by it.
A. 
Each application for a license hereunder shall be filed with the Town Clerk in duplicate, together with the required fee, and shall specify:
(1) 
The name, address, social security number and telephone number of the applicant, and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses, social security numbers and telephone numbers.
(2) 
The addresses of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place.
(3) 
The name, address and social security number of the registered agent of the applicant upon whom service of process is authorized to be made.
(4) 
The name, address, social security number and telephone number of the manager of the applicant who shall be in charge of the applicant's business in the Town of West Seneca.
(5) 
With respect to each person whose name appears on the application:
(a) 
The fact of conviction in any jurisdiction of any offense which under the laws of New York is denominated a felony, misdemeanor or an offense involving moral turpitude, and/or the fact of conviction in any jurisdiction of any offense which under the New York State Penal Code is denominated as a crime, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings and penalty imposed.
(b) 
Each such person shall voluntarily submit to the taking of his fingerprints so that a proper investigation will be expedited.
(6) 
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number of each such device.
B. 
The application shall contain a certification under oath, made by the applicant, that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
A. 
The Town Clerk shall promptly forward a copy of the application to the Chief of Police and the Building Inspector for investigation, review and reports.
B. 
The purpose of this investigation shall be to establish that the applicant is capable of conducting the proposed business of distributing or operating amusement devices within the town in a manner consistent with the public safety, good morals and general welfare of the community and that all those persons involved in such business can reasonably be expected to operate the proposed business in accordance with law and free from gambling and other illegal or immoral conduct and unwarranted noise and commotion.
C. 
No proprietor's license shall be granted unless the licensed premises shall meet all requirements of the Fire, Building, Sanitary, Electrical and Plumbing Codes of the Town of West Seneca and State of New York.
A. 
If the application is approved, the license shall be issued by the Town Clerk.
B. 
If the license is denied, seventy-five percent (75%) of the fee shall be returned to the applicant, the balance going to offset the costs of the investigation. The grounds for denial shall be set forth in writing. The applicant shall be entitled to a hearing before the Town Clerk within thirty (30) days of the denial of the license, at which time he may submit pertinent information on his behalf. The applicant shall be given ten (10) days' notice of the date of such hearing.
A. 
Any proprietor who owns such device or devices at the time this chapter becomes effective shall file with the Town Clerk evidence of such ownership prior to the issuance of a license.
B. 
Any proprietor purchasing a device or devices after the effective date of this chapter shall file with the Town Clerk evidence of ownership thereof before exhibiting or placing said device or devices for use or play.
A. 
In the case of proprietors, the license shall be posted in a conspicuous place in the establishment of the licensee.
B. 
In the case of distributors, the license number assigned to each device shall be permanently affixed to said device so that it can be easily ascertained.
C. 
All licenses shall be nonassignable and nontransferable.
A. 
No proprietor holding a license to operate coin-operated amusement devices shall permit a person under sixteen (16) years of age to play or operate a coin-operated amusement device after 10:00 p.m. unless such person is accompanied by his parent or legal guardian. This limitation shall not apply to the use of mechanical carousel horses or similar amusement devices designed especially for the amusement of children.
B. 
The proprietor shall not permit any person to bet or gamble on the licensed premises.
C. 
The proprietor shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
D. 
No music machine shall be operated in a manner to be heard out of doors.
E. 
No licensed premises shall be without adequate sanitary facilities nor contain any fire, safety or health hazard.
F. 
Each distributor and/or proprietor shall, within five (5) days, report in writing to the Town Clerk any change by addition or deletion of the information furnished on the license application during the term of any license or renewal thereof.
G. 
No distributor or proprietor shall refuse to cooperate fully with the Town Clerk and any law enforcement officer or agency.
H. 
Location.
[Amended 10-18-1982]
(1) 
Future amusement centers shall not be located within five hundred (500) feet of the lot line of a public or private school or within two hundred fifty (250) feet of any R District boundary.
(2) 
The Town Board retains authority to modify limitations set forth herein upon application and taking into consideration the location of the licensed premises in conjunction with general development of the area.
I. 
No person shall be issued a license who has been convicted of a crime or gambling offense under the New York State Penal Law, and any subsequent conviction to a licensee may result in suspension or revocation.
A. 
Every license issued hereunder is subject to a revocation or suspension by the Town Clerk for the violation of any of the provisions of this chapter. Any material misstated or omitted in the license application shall constitute grounds for revocation or suspension. The revocation shall occur only after a hearing.
B. 
The licensee shall be given ten (10) days' notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing the licensee may submit pertinent information on his own behalf.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
Upon such conviction, no licensee shall thereafter transact the business of distributing or operating coin-operated amusement devices in the Town of West Seneca.