[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.
BARS, TAVERNS AND LOUNGES
CODE ENFORCEMENT OFFICER
CLUB
MUSICAL ENTERTAINMENT
PERSON
PLACE OF PUBLIC ASSEMBLY
PREMISES
VILLAGE
VILLAGE BOARD
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meaning given
herein:
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]
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]
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]
Includes that produced either by a person playing a musical
instrument or by mechanical device.
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.
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.
Land, plot or lot with or without buildings or structures
erected thereon.
The Incorporated Village of Lake Grove.
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.
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]
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.
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.
(2)
Comprehensive liability.
(a)
Coverage: occurrence - 1988 ISO or equivalent.
(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)
(6)
Property insurance.
(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.
(7)
Bonds.
(a)
Bid bond: minimum of 5% of contract bid.
(b)
Bond form: AIA document A310 current edition.
(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:
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."
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.
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:
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.
(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.
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.
