Village of Lake Grove, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1978 as Ch. 44 of the 1978 Code]
It is hereby declared to be the policy of the Incorporated Village of Lake Grove that in order to preserve public peace and good order and to prevent tumultuous assemblages, and to safeguard the health, safety, welfare and morals within the incorporated village, and to prevent and control the undesirable concentration of large numbers of persons and vehicles in a limited area, it is necessary to regulate, control and supervise the operations and conduct of places of public assembly, amusement and entertainment conducted as clubs, bars, taverns and lounges, motion-picture establishments (indoors and outdoors), theaters and such other like places of amusement and entertainment, so as to fix and prescribe certain duties, responsibilities and obligations of persons owning, operating, controlling or maintaining such establishments and activities.
A. 
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein:
BARS, TAVERNS AND LOUNGES
Any place of public assembly in which the business of directly or indirectly selling, dispensing or serving drinks or beverages of any kind to the public is conducted, with or without the serving of food.[1]
CODE ENFORCEMENT OFFICER
The Building Inspector, Fire Marshal or any other person designated as Inspector and authorized and assigned to inspect premises for the business herein described and authorized to enforce the provisions of this article.
[Amended 2-4-1999 by L.L. No. 1-1999]
CLUB
Any place of public assembly in which the business of directly or indirectly selling or serving of food, drinks or beverages of any kind to the public is conducted, and in which any musical entertainment, singing, dancing or other form of amusement is permitted into which the public may gain admission with or without the payment of a fee.
[Added 2-4-1999 by L.L. No. 1-1999]
MUSICAL ENTERTAINMENT
Includes that produced either by a person playing a musical instrument or by mechanical device.
PERSON
An individual, partnership, corporation, club, association, society or any organized group of persons, and includes the membership, officers, directors or trustees and stockholders of such corporation, club, association or society.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space which is occupied or arranged to be used for social, entertainment, recreational, amusement or similar purposes; or any building, shed or enclosure, whether indoor or outdoor, permanent or temporary, coming within the occupancy and other similar classification of this article.
PREMISES
Land, plot or lot with or without buildings or structures erected thereon.
VILLAGE
The Incorporated Village of Lake Grove.
VILLAGE BOARD
The elected members of the village government, consisting of the Mayor and the four Trustees.
[1]
Editor's Note: The former definitions of "cabaret," "dance hall" and "discotheque," which immediately followed this definition, were deleted 2-4-1999 by L.L. No. 1-1999.
B. 
When not inconsistent with the context, words used in the present tense include the future, words used in the singular include the plural, and vice versa. The word "shall" is always mandatory.
It shall be unlawful for any person to conduct, maintain, manage, operate or engage in the business of conducting, maintaining or operating a place of public assembly, club, tavern, bar or lounge, motion-picture establishment (indoor or outdoor), theater, show or such like place of amusement, entertainment or recreation as hereinabove defined, within the Incorporated Village of Lake Grove, unless the premises wherein the same is conducted, maintained or operated are licensed in the manner prescribed herein.
A. 
Information required.
(1) 
An application for such license shall be filed with the Village Clerk and shall contain the following information:
(a) 
Name, residence address and age of the owner and the person who is to conduct, manage, maintain or operate such establishment for which a license is applied.
(b) 
In the event of a partnership, the name and residence address of each partner, and such other person as shall or may have a financial interest in such business.
(c) 
If such applicant is a corporation, the name of the state under which laws incorporated, the name and residence address of the officers, directors, trustees or governing body, and the names and addresses of all the stockholders or any other person as may or shall have a financial interest in such business, if so specially required by the Village Board.
(d) 
The address, street and number, of the premises to be licensed, the size or area of the land and the distance to the nearest intersecting highway, and submitted therewith shall be three copies of the survey of said premises or such additional number as the Village Clerk may require, showing the building and other structures erected thereon and the vacant land available for parking facilities.
(e) 
The name and residence address of the owner of the premises if other than the applicant.
(f) 
If the applicant does not reside within the Incorporated Village of Lake Grove, name and address of an agent, who shall be a natural person, who shall reside or conduct an active business within the incorporated village, who shall be authorized by the applicant, in writing, with the agent's consent to be so designated, duly verified, agreeing to accept on behalf of the applicant notices, summons or such other legal process as may be issued by the Code Enforcement Officer with respect to any violation of any provisions of this article or any law, rule or regulation or any other village laws.
(g) 
The nature and extent of the applicant's interest in the business for which the license is being applied, and the name and residence address of each and every other person interested in or who may become interested in, either as a principal or associate, and the nature and extent of such interest in, the licensed premises and the business or activity to be conducted therein.
(h) 
That the applicant, owner or any person associated with or person interested or to become interested in any capacity or to any extent in the premises to be licensed and in the business to be conducted therein as herein defined has not been convicted or under indictment or charges for any crime, misdemeanor or violation of any other municipal ordinance, state or local law at any time and anywhere, but if convicted, the nature of the crime or violation, the court, date and nature of the penalty imposed. In the event any such person above described is convicted, indicted or charged with any such crime or violation after the license has been issued, such fact shall be reported by the applicant to the Village Board within 30 days of such fact.
(2) 
If there occur any changes, after the granting of a license, in any facts or circumstances or matters required to be set forth in such application or any renewal thereof, a supplemental statement or amended application giving notice of any such change shall be filed, under oath, with the Village Clerk within 10 days after such change occurs. Failure to do so may be cause for the suspension or revocation of the license.
(3) 
All applicants for a license for a club, tavern, bar or lounge, and all persons who are to manage or conduct such establishment shall be fingerprinted and such prints shall be submitted with the application. If a partnership, each partner, in addition to the person who is to manage, conduct, operate or maintain the licensed premises, shall also submit fingerprints of each such person.
B. 
Notice of hearing. With the application there shall be submitted the names and addresses, as appear on the village assessment roll, of all property owners adjacent or within a distance of 200 feet of the perimeter of the property for which application is made, and there shall be compliance with all the provisions pertaining to notice of public hearings and compliance with all such other provisions as provided under Chapter 175, Zoning, of the Incorporated Village of Lake Grove.
C. 
Disclosure. Together with the application for a license as hereinabove provided, there must be submitted an affidavit of compliance with the provisions of Chapter 79, Disclosure of Information.
A. 
Upon receipt of the application, accompanied by the proper fee as hereinafter provided, the Village Clerk shall order an inspection of the premises to be made by the Code Enforcement Officer, who shall make an inspection of the premises to be licensed to determine to his satisfaction that such premises comply with all the laws, ordinances, rules and regulations that have been promulgated under the provisions of this article or other village ordinances, local laws or rules and regulations and to his further satisfaction, which shall be so certified, that the premises to be licensed are a safe, suitable place to be used for the purpose for which the license has been applied.
B. 
The Village Clerk shall, at the same time, request that an inspection be made and approval requested and obtained from the Suffolk County Department of Health as complying with its laws, rules and regulations and shall further request an inspection and obtain a report and approval from the Lake Grove Fire Marshal.
[Amended 2-4-1999 by L.L. No. 1-1999]
A. 
No application shall be approved and no license issued for any premises where the application and survey submitted shall indicate, or upon investigation it shall appear, that the premises is located within 500 feet of any public, private or parochial school, church, synagogue or other place of worship, library, firehouse or federal, state, county, town or village building. The 500 feet shall be measured from the perimeter and any boundary line of the entire area of the property or land for which the license is being applied.
B. 
Outdoor amusement gatherings such as carnivals, circuses, public outdoor shows and entertainment are to be restricted in all districts within the Village. Such usage of any properties regardless of zone for said purposes can potentially create an unsafe environment and a threat to public safety. All requests for such gatherings shall be made to the Village Board through application of a special permit. If granted, this creates no presumption of approval going forward at permitted location or any other. Each application will be considered individually after detailed drawings are provided specifying security, points of ingress and egress, and construction details of all temporary structures. All considerations for approvals of a special permit will be determined after consulting with the building department, the Lake Grove Fire Marshall and local law enforcement personnel. Public safety and order is a primary concern and shall be a principal determining factor of each application, and decisions shall not be assumed to be arbitrary and capricious.
[Amended 4-19-2018 by L.L. No. 1-2018]
A. 
The Village Board shall hold a public hearing before said application is considered, after following the procedure and provisions as may be applicable for the notification of the adjacent property owners as is provided in Chapter 175, Zoning, of the Incorporated Village of Lake Grove.
B. 
After a public hearing as herein provided and upon approval by the Village Board, the Village Clerk shall issue such license as approved. Such license shall be for the period of one year, commencing January 1 and terminating December 31 following the date the license has been issued. An original license shall be effective from the date issued and terminate on December 31 following. Applications for renewal shall be submitted to the Village Clerk at least 30 days prior to the expiration of the license.
[Amended 6-15-1995 by L.L. No. 3-1995]
Fees for a license for a public assembly, club, bar, tavern or lounge, motion-picture establishment (indoor or outdoor), theater, show or such similar place of amusement or entertainment, issued under the provisions of this article, shall be payable annually when issued and shall be based upon the number of seats or persons such place is designed to lawfully accommodate and as certified by the Code Enforcement Officer. Said fees shall be as set from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
The total fee as hereinabove provided shall be paid with the application for a license. In the event that the license is denied, 1/2 of the amount paid shall be retained for the costs of processing the application and inspection and the remainder shall be returned to the applicant. The maximum amount retained by the village in case of disapproval shall not exceed the sum of $50. No fee nor any portion thereof shall be returned in the event that the license is suspended or revoked.
The number of persons permitted to occupy a place of public assembly operated as hereinabove authorized shall be certified by the Code Enforcement Officer and shall be determined as follows: 15 square feet of usable floor space per person. "Usable floor space" shall mean the area of the space generally used or occupied by the public for public assembly purposes.
The Village Board, after a hearing upon written notice, at which time the license shall be given an opportunity to be heard, may suspend or revoke any license issued, in its discretion, for any violation of any of the provisions of this article or for any of the following causes:
A. 
A licensee's making any false material statement in the application for a license.
B. 
A person licensed hereunder or in charge, managing or conducting such licensed premises suffering or permitting any waitress, hat check girl, barmaid, hostess or any other female person who comes in contact with patrons of the licensed establishment to appear in the presence of such patrons with breasts or the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered.
C. 
Violation of any provisions of this article or any law, ordinance, rule or regulation applicable to the licensed premises or enforceable by the Suffolk County Health Department, Ronkonkoma and/or Centereach Fire Department or any governmental authority.
D. 
Conviction of any crime of the applicant, owner, manager or any person financially interested in the premises or business for which a license has been issued.
E. 
Suffering or permitting the violation of any village, county or state law.
F. 
Failure to provide for the health, safety or welfare of any patron or person frequenting the licensed premises.
G. 
Other good and sufficient cause as determined by the Village Board.
The Village Clerk shall notify the licensee of record, by registered or certified mail, return receipt requested, or by personal service, of any decision of the Village Board suspending or revoking such license as hereinabove provided. Service may be made and accomplished in any of the following ways:
A. 
Service of a certified copy of the Board's decision upon the person designated for such service as provided in § 57-3A(1)(f) shall be considered full compliance with the provision of this section pertaining to notice to be given to the licensee of record.
B. 
Service of such notice by registered or certified mail, return receipt requested, to such persons who had signed the original or last renewal application for the license being suspended or revoked.
C. 
Service of a certified copy of such notice by registered or certified mail, return receipt requested and addressed to the licensee at the licensed premises, or personal service of a copy thereof, upon the person in charge of the licensed premises.
After a license has been suspended or revoked, it shall be unlawful to use or occupy any portion of the premises for the use for which the suspended or revoked license had been issued.
Each license issued hereunder shall be kept conspicuously posted at the main entrance of every place licensed hereunder. It shall be unlawful to remove, deface or alter such license.
No license issued under the provisions of this article shall be transferred or assigned to any person or used by any 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.
A. 
The Village Board shall have power to promulgate rules and regulations supplemental to and in order to carry out the scope and purpose of this article and shall delegate the authority to the Village Clerk for the administration of this article. Such rules and regulations shall be published in the official village newspaper after adoption.
B. 
The Village Clerk shall have the following functions, powers and duties in order to properly administer and enforce the provisions of this article:
(1) 
He shall prepare the form of application and submit to the Village Board for its approval such rules and regulations as may be determined from time to time to be required.
(2) 
He shall process the application for a license, collect the appropriate fee and submit the application to the Code Enforcement Officer for the inspection of the premises and recommendation as provided in § 57-4 of this article.
(3) 
He shall issue the license when approved and so authorized by the Village Board.
(4) 
He shall arrange for any public hearings to be held on the application for a license and on its suspension or revocation and shall carry out such other instruction and orders as issued by the Village Board for the proper enforcement of this article.
Every person to whom a license has been issued under the provisions of this article shall comply with the following additional provisions for the proper operation of the premises and business according to the classification for which the license was issued:
A. 
No loud, unnecessary or unusual noise shall be permitted to be made which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of other persons or the public.
B. 
No person operating a place of public assembly shall permit any waitress, barmaid, hat check girl or any other female person who comes in contact with the patrons of such place of public assembly to appear in the presence of such patrons with her breasts exposed below the top of the areola or the lower part of the torso uncovered, with a fully opaque covering or so thinly covered or draped as to appear to be uncovered.
A. 
None of the provisions of this article as hereinabove provided shall apply to bazaars, fairs or entertainment, when duly approved by a special resolution of the Village Board, which are held and conducted within the Incorporated Village of Lake Grove under the sole sponsorship and management and when conducted by and for the sole profit of a local religious, fraternal, educational, political, veterans, firemen, civic or other such nonprofit charitable organization.
B. 
Application for such approval by the Village Board shall be made in writing, duly verified by a qualified officer of such organization, having been so authorized by the organization's managing or governing board or body, setting forth or accompanied by the following:
(1) 
Name and address of the committee or organization.
(2) 
Type and purpose of the entertainment or enterprise; the manager or person in charge and in control of such event.
(3) 
A full description of the entertainment feature and activities to be offered or conducted; the date and place to be held and the disposition of the profits therefrom.
(4) 
A permit fee, as set from time to time by resolution of the Board of Trustees,[1] for the issuance of a special permit under the provisions of this section.
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
C. 
The issuance of such permit or permission shall be limited so that all mechanical rides or other devices offered, operated or maintained, or music or other noisemaking devices thereat shall close at 11:30 p.m. and shall not start before 10:00 a.m. of any day and not before 12:00 noon on Sundays.
D. 
Permits so issued shall be subject to immediate revocation or suspension upon violation of any provisions of this article, rules or regulations and terms of the permit so issued or for any false statement or omission made in the application for such permit. Such revocation or suspension may be ordered by the Mayor of the village only upon the written report and recommendations of the Suffolk County Police Department or Code Enforcement Officer assigned and authorized to supervise such event. Continuation of such suspension and the revocation of such permit may be considered by the Village Board upon the request of three of its members.
E. 
No such permit as provided in this section shall be issued for a period of more than 30 days. An extension of such permit may be issued for a period not to exceed 30 days only upon a majority vote plus one of the entire Village Board.
[Amended 2-4-1999 by L.L. No. 1-1999]
A. 
No permit shall be issued as provided in § 57-17, and no bazaar, fair or entertainment shall be conducted at which any mechanical ride shall be offered or maintained, unless the applicant shall furnish evidence of the following: Contractor shall maintain at a minimum the following giving evidence of the same to the owner in the form of certificates of insurance or copies of policies. Insurance carrier must be a New York State licensed carrier with best rating of at least A IX. All subcontractors must adhere to Worker's Compensation, Comprehensive Liability, Umbrella Liability and Auto Liability.
(1) 
Worker's Compensation.
(a) 
Coverage: statutory.
(b) 
Extensions: voluntary compensation; all states coverage employers; employers liability - unlimited.
(c) 
Notice of cancellation: 30 days.
(d) 
Evidence: certificate of insurance.
(2) 
Comprehensive liability.
(a) 
Coverage: occurrence - 1988 ISO or equivalent.
(b) 
Limits per project:
[1] 
General aggregate: $2,000,000.
[2] 
Products-comp/ops aggregate: $1,000,000.
[3] 
Personal and advert. injury: $1,000,000.
[4] 
Each occurrence: $1,000,000.
[5] 
Fire damage (any one fire): $50,000.
[6] 
Medical exp. (any one person): $5,000.
(c) 
Notice of cancellation: 30 days.
(d) 
Additional insured: municipality using ISO form CG2010B or equivalent.
(e) 
Special: hold harmless as per attached or equivalent to sample.
(f) 
Evidence: certificate of insurance and copy of additional insured endorsement.
(3) 
Owners protective.
(a) 
Coverage: occurrence.
(b) 
Limits: minimum limit - $1,000,000 CSL.
(c) 
Premium payment: responsibility of contractor.
(d) 
Policy period: start of project and until project is accepted as completed by owner.
(e) 
Notice of cancellation: 30 days.
(f) 
Evidence:
[1] 
Certificate of insurance.
[2] 
Copy of binder.
[3] 
Copy of original policy to be delivered within 45 days of start of project.
(4) 
Automobile insurance.
(a) 
Coverage: standard New York policy insuring all owned and nonowned vehicles.
(b) 
Limits: minimum limit - $1,000,000 CSL.
(c) 
Additional insured: municipality.
(d) 
Notice of cancellation: 30 days.
(e) 
Evidence: certificate of insurance.
(5) 
Umbrella liability.
(a) 
Coverage: umbrella form (not excess).
(b) 
Minimum limit: $5,000,000.
(c) 
Additional insured: municipality.
(d) 
Notice of cancellation: 30 days.
(e) 
Evidence: certificate of insurance.
(6) 
Property insurance.
(a) 
Explanation:
[1] 
New construction: if the project involves new construction, meaning a new building, a builders risk coverage should be obtained.
[2] 
Renovation: if the project involves remodeling, repairing or additions, then an installation floater should be obtained.
(b) 
Coverage:
[1] 
Builders risk - completed value with privilege to complete and occupy-comprehensive form.
[2] 
Installation floater - comprehensive form.
(c) 
Named insured: project owner.
(d) 
Additional interest: interest of owners and subcontractors AIMA.
(e) 
Limit: amount of contract.
(f) 
Deductible: maximum $1,000 (contractor is responsible for 100% of loss regardless of deductible).
(g) 
Claims and losses: to be adjusted with and payable to project owner.
(h) 
Notice of cancellation: 30 days.
(i) 
Premium responsibility: contractor.
(j) 
Evidence:
[1] 
Certificate of insurance.
[2] 
Copy of binder.
[3] 
Original policy to be delivered within 45 days of start of project.
(7) 
Bonds.
(a) 
Bid bond: minimum of 5% of contract bid.
(b) 
Bond form: AIA document A310 current edition.
(c) 
Final bonds:
[1] 
Performance and payment bonds (labor and materials): minimum limit 100% of contract price.
[2] 
Maintenance bond: Minimum limit 50% of performance and payment bond; term: one year from acceptance of job.
(d) 
Bond form: AIA document A311 current edition.
NOTE: Surety company must be New York State licensed and on current list of Surety Companies Acceptable on Federal Bonds as published in Federal Register by the Audit Staff Bureau of Accounts, United States Treasury Department.
B. 
In addition, insurance shall be sufficient in form to save the Incorporated Village of Lake Grove harmless from any liability or causes of action which might arise by reason of the issuance of the permit, and such insurance shall be noncancelable without 10 days' prior written notice to the Incorporated Village of Lake Grove.
[Amended 2-4-1999 by L.L. No. 1-1999]
No permit shall be issued as provided in § 57-17, and no bazaar, fair or entertainment shall be conducted at which any mechanical ride shall be offered or maintained, unless the applicant shall deposit with the Village Clerk cash or a surety company bond in the sum of $5,000, approved by the Village Attorney and conditioned that no damage will be done to any public places or private premises or property and that the applicant will not permit any litter or debris to remain upon any public place or private premises by reason of granting the permit, which cash shall be refunded or surety company bond canceled upon certification to the Village Clerk by the Sanitation Commissioner of the Village of Lake Grove and the Superintendent of Public Works that the amusement site and all public and/or private property within 100 yards thereof have been cleared of all debris and litter caused by the permitted use.
Any person who shall violate any provisions of this article or any rule or regulation adopted by the Village Board pursuant to this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day's continued violation after notice of such violation shall constitute a separate violation.
[Adopted 2-4-1999 by L.L. No. 1-1999]
A. 
It is the use to which such coin-operated amusement devices are put rather than their inherent characteristics that has inspired the enactment of this article. It is known that in other communities such amusement games have encouraged and fostered gambling among adults and children, tend to cause juvenile delinquency, are instruments for gambling in their actual operation and use and are frequently located in the vicinity of schools so that they are frequented by and readily accessible to children who have, in many instances, squandered lunch money, carfare and earnings needed to supplement the family income on such amusement games and have even committed thefts to obtain money with which to play such devices.
B. 
Furthermore, the concern for the potential problems of spacing, crowds and means of ingress and egress supports the village's concerns. As a result, this article provides for the licensing of such devices and systems associated therewith, by the Fire Marshal or Building Inspector, for the protection of the public's health, safety and general welfare.
As used in this article, the following words shall have the meanings set forth below:
COIN-OPERATED AMUSEMENT DEVICE
Any machine (indoor device, game, ride, etc.) which, upon the payment of a charge or the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include but is not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic baseball, football, hockey or basketball machines, video games, any and all air-propelled machines or games, pool tables, shooting games and all games, operations or transactions similar thereto, under whatever name they may be indicated, whether or not electronically operated. This definition shall be deemed to include the terms "machine" or "device," where such terms are used herein. This definition shall not include musical entertainment devices, commonly referred to as "jukeboxes."
PERSON, FIRM, CORPORATION OR ASSOCIATION
Includes the following: any person, firm, corporation or association which owns, rents or leases any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; and the person, firm, corporation or association having control over such machine.
PREMISES
Any parcel of land, building, structure, vehicle or any other place where an amusement device may be kept, maintained, exhibited, used or operated for a fee.
No licensed device under this article shall be operated or permitted by the licensee or any person in charge of the premises wherein the device is located to be operated for any use or prohibited by federal, state or local law.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any coin-operated amusement device, as defined herein by § 57-22, shall be required to obtain a license from the Incorporated Village of Lake Grove upon payment of a license fee. Application for such license shall be made to the Village Clerk upon a form to be supplied by the Clerk for that purpose.
A. 
The application for such license shall be made to the Village Clerk on forms provided by the Clerk and shall contain the following information:
(1) 
The name, business and home address, age and date of birth of the applicant. No license shall be issued to any applicant unless he shall be over 21 years of age.
(2) 
Home telephone number and business telephone number.
(3) 
Prior criminal convictions of the applicant, if any.
(4) 
The location, by street and number, of the place where the amusement device is sought to be licensed.
(5) 
The floor plan of the place where the machine or device is to be displayed or operated.
(6) 
The nature and use of the premises upon which the device is proposed to be kept, maintained, exhibited or operated.
(7) 
The number or such devices already licensed.
(8) 
The number sought to be licensed upon the same premises.
(9) 
A description of the machine to be covered by the license, including:
(a) 
The name and address of the manufacturer of the amusement device.
(b) 
The manufacturer's number, if any, and serial number.
(c) 
A complete and detailed description of the amusement device, which shall include all mechanical features and the method of operation.
(10) 
Fees as reflected in § 57-27.
B. 
The application shall also contain a statement indicating whether any previous application had been made for an amusement device license and whether such license had been issued. If a previous license had not been issued after an application was made, or if a previous license had been suspended or revoked, the applicant must explain the circumstances thereof in detail.
C. 
The application shall contain an oath as to the truthfulness of the information contained therein.
A. 
The application for a license hereunder shall be made out in three copies, one copy to be referred to the Building Inspector, one copy to the Fire Marshal, and one copy to be maintained by the Village Clerk.
(1) 
The Building Inspector shall review the application proposing to operate such machine and the information contained therein and shall investigate the establishment and location where the machine is proposed to be located for compliance with applicable zoning and building code regulations.[1] The Building Inspector shall recommend approval only where such approval is in the best interests of the public health, safety and welfare.
[1]
Editor's Note: See Ch. 65, Building Construction, and Ch. 175, Zoning.
(2) 
The Fire Marshal shall investigate the establishment and location where the machine is proposed to be located for compliance with applicable fire code regulations and shall recommend approval only if said location and establishment complies in all respects with said regulations.
B. 
At the conclusion of such investigation, the Building Inspector and the Fire Marshal shall render a written report to the Village Clerk regarding their findings. Each party may include in his report recommended conditions for approval of license.
C. 
Within 30 days after receipt of the report from the Village Clerk, the Mayor shall determine whether or not to grant such application. The Mayor may deliberate on the following when considering application for a coin-operated amusement device:
(1) 
The reports issued pursuant to this section by the Building Inspector and Fire Marshal.
(2) 
Conformance of the premises with this article and all laws and regulations of the State of New York and the Incorporated Village of Lake Grove.
(3) 
The impact of the coin-operated amusement device(s) on the surrounding area.
(4) 
The impact of the coin-operated amusement device(s) on the public's peace, health, safety and welfare.
D. 
Any applicant whose application for license has been denied shall have the right to appeal said decision to the Board of Trustees of the Incorporated Village of Lake Grove, and the same may be granted or refused by said Board, in its discretion. The request for appeal shall be in writing to the Village Clerk within 30 days of the date of refusal of the application by the Mayor.
E. 
Further, in the interest of public safety, this provision includes but is not limited to the vested right and authority of the designated village officials to regulate conditions such as spacing between and around the devices in the amusement area.
A. 
Every applicant, before being granted a license, shall pay an annual license fee for the privilege of operating or maintaining for operation each coin-operated amusement device, as defined herein, and, further, shall pay a separate annual license for maintaining premises that contain more than two such devices.
B. 
The annual fee for each device, along with an additional annual fee for each premises that contains more than two such devices, shall be as set from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
C. 
Each license granted hereunder shall be granted for an annual term running from January 1 to December 31 of that year.
A. 
The device license or licenses provided for herein shall be posted conspicuously in the premises wherein the device is to be operated or maintained to be operated.
B. 
Not more than one machine shall be operated under one license, and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him.
C. 
No license issued shall be transferred from one amusement device to another, except in situations where the licensed device requires repair. The temporary device shall be identical in every respect. The temporary device shall not remain on the premises beyond a period of 30 days. The Village Clerk shall be notified in writing whenever a temporary device is placed into use.
A. 
A license may be suspended or revoked by the Mayor for violation of this article, state law or upon the grounds that disorderly conduct is permitted on the licensed premises or is occasioned in the vicinity of such premises as a result of its existence. In the event that a license is so suspended or revoked pursuant to this section, the applicant may appeal such action within 30 days to the Board of Trustees. In no event shall a coin-operated amusement device be operated pending the appeal and determination.
B. 
Whenever any license shall be suspended or revoked, no refund of any unearned portion of the fee shall be made, and at least six months from the time of such suspension or revocation shall elapse before another license shall be issued for the same premises.
A. 
No person, firm, corporation or association shall permit the operation of coin-operated amusement devices within 500 feet of any church, public or parochial school or playground.
B. 
The operator of a licensed premise shall not allow more coin-operated amusement devices than the number permitted in the license to be located therein.
A. 
A licensee shall not permit any individual under the age of 14 to be on the game room premises at any time unless accompanied by a parent or guardian or person at least 18 years of age, with the consent of the parent or guardian.
B. 
A licensee shall not permit any individual under the age of 16 years to be on the game room premises between the hours of 8:00 a.m. and 3:00 p.m. on any day upon which classes are being held at any school in the school district in which the game room is located, nor after 11:00 p.m. at any time unless accompanied by a parent or guardian or person at least 18 years of age, with the consent of the parent or guardian.
If there shall be reason to believe any coin-operated amusement device is used as a gambling device, such machine may be seized by the police and impounded, and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor shall be found guilty, such machine shall be disposed of according to law.
This article shall not apply to and no license shall be required for the operation of coin-operated amusement devices of the kind or purpose herein specified:
A. 
For special events, not exceeding five days in duration, wherein the proceeds therefrom are to be devoted exclusively to charitable, benevolent or religious purposes.
B. 
Where the operation thereof is upon the property and premises of a private membership club and for the sole enjoyment of its members or their guests; provided, however, that said exemption will terminate if said private membership club operates any coin-operated amusement devices for the use and enjoyment of the general public or for gambling or other illegal purposes.
Any person, firm or corporation violating any of the provisions of this article, in addition to the revocation of his or its license, shall be liable to a fine or penalty of not less than $100 nor more than $1,000 for each individual violation. Further, each day the facility operates in violation of this article is a distinct and separate violation.