HomeMy WebLinkAbout1988_12_7_Local_Law_No_8 (Please Use this Form for Filing your Local Lay+ %ith the Secretary of Stale)
Text of law should be given as amended.Do not include matter being
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Of tamaroneek
Town .. .........................
j�
Local La>ti No.
8-1988. . ......
..... of the year 198S,.......
.. .... . ..
A iot21[am-. amending, fl evicvs....................................... ....
tlnsw title)
Be if enacted by the .......Town $oar.d................................ . ...... ...... ........ ofthe
iNamt of Legislam c Bud}I
City of ........Mamaroneck..., .. ... aSf011OHS:
Town ....... ............
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(see attached pages)
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(11 additional space is needed,please attach sheets of the same size as this and number each)
(1)
LOCAL LAW No. 1988
{' AN ACT to amend the Town Code of the Town of Mamaroneck to regulate the
location and operation of Mechaaica.l-'Amusement Devices in the Town of
Mamaroneck.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1. Local Law No. 2 of 1481 is hereby repealed and replaced by a
new law, to be known as Chapter 47 "Mechanical Amusement Devices" to
read as follows:
47-I.Definitions of Terms. As used herein the following words
shall have the meanings set forth below:
(a) The term "mechanical amusement device" shall mean any
machine, which, upon the payment of a charge or upon 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 rr_gisterinf a
score. it shall include, but is not limited to, such
devices as marble machines, pinball. machines, skill
ball, mechanical grab machines, electronic bc•wling
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.
(b) The terms "person", "firm", "corporation" or
"association" as used herein shall include 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.
47-2.Gambling Devices Not Permitted. Nothing in this Local Law
shall in any way be construed to authorize, license or permit
any gambling devices whatsoever or any mechanism that has
been judicially determined to be a gambling device or in any
way contrary to existing or future local, state or federal
laws or regulations; nor shall this Local Law be construed to
Permit the use of a mechanical amusement device, as defined
herein, as a gambling device,
47-3.License Required. Any person, firm, corporation or
association displaying for public patronage or keeping for
operation any mechanical amusement device as defined herein
by Section 47-1, shall be required to obtain a license from
the Town of Mamaroneck upon payment of a license fee.
Application for such license shall be made to the Town Clerk
upon a form to be supplied by the Clerk for that purpose,
';7-4•Applicatio,a, Tfie application for such license snall be made
To the Town Clerk and shall contain the following
information:
(a) Name and address, age, date and place of birth of
the applicant. No license shall be issued to any
applicant unless he shall be over twenty-one (21)
years of age.
1 (b) Prior criminal convictions of applicant, if any.
(c) Floor plan of place where machine or device is to
be displayed or operated and the business conducted
at that place.
(d) Description of machine to be covered by the
license, mechanical features, name of manufacturer,
name of game.
47--5.Inspection, The application for a license hereunder
shall be
made out in four copies, one copy to be referred to the
Commissioner of Police, one copy to the Building Inspector,
one cagy to the New York Board of Fire Underwriters, and one
copy to be maintained by the Clerk.
(a) The Commissioner of Police shall investigate the
applicant proposing to operate such machine, and
ascertain if the applicant has a record of criminal
convictions, and shall either approve or disapprove
the application if, in his opinion, the criminal
history of an applicant warrants a denial of the
application, in the interests of the public health,
safety and welfare.
(b) The New York Board of Fire Underwriters shall
inspect all wiring and connections to the machine,
determine if the same complies with the National
Electrical Code and shall approve the application
only if it finds no violations of said Code.
(c) The Building Inspector shall investigate the
establishment and location where the machine is
proposed to be located for compliance with
applicable zoning, building and fire code
regulations, and shall recommend approval only if
said location and establishment complies in all
respects with said regulations,
(d) No license shall be issued to any applicant unless
approved by the Commissioner of Police, the Board
of Fire Underwriters and the Building Inspector.
(e) Any applicant whose application for license has
been denied shall have the right to appeal said
decision to the Town Board of the 'Town of
Mamaroneck at a meeting thereof, and the same may
be granted or refused by the said Board, in its
discretion, .
47-6.License Fees. Every applicant, before being granted a
license, shall pay an annual license fee of Twenty-five
Dollars ($25.00) for the privilege of operating or
maintaining for operation each mechanical amusement device as
defined in Section 47-1 herein, and further shall pay an
annual license fee of Fifty Dollars ($50.00) for maintaining
premises that contain said devices,
Each license granted hereunder shall be granted for an annual
term running from January lst to December 31st of that year.
47-7.Display of License
(1) Device License:
(a) The device license or licenses provided herein for
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
I required to secure a license for each and every
machine displayed or operated by him.
(2) Premises License;
E (a) A premises license shall not be transferrable from
person to person nor place to place, and shall be
usable only at the place and by the person
designated in the license.
47-8.Prohibitious and Restrictions,
(a) No person, firm, corporation or association shall
Permit the operation of mechanical amusement
devices within six hundred (600) feet of any
church, public or parochial school, or playground,
(b) Except as set forth below, no person, firm,
corporation or association may receive a license to
operate more than two (2) mechanical amusement
devices.
(c) On all premises where more than two (2) licensed
mechanical amusement devices are located on the
date of adoption of this local law, fe following
standards must be met:
1) There must be twenty (20) square feet of floor
space for each licensed mechanical amusement
device. This square footage may not include
areas devoted to other uses such as
passageway, dining rooms, food preparation. and
service areas, ingress and egress areas,
lavatories, and the like;
2) The mechanical amusement devices must be
segregated from other uses, such as dining; by
a solid wall with no openings to exceed
forty-Four (44) inches in width per opening
and no more than two openings per device area,
unless more are required as a means of egress
by the New York State Uniform Fire Prevention
and Building Code;
(d) No person, firm, corporation or association shall
permit the operation of any mechanical amusement
device except.during the following hours:
Sunday through Thursday:
8:00 A.M. to 11:00 P.M.
Friday, Saturday, Holiday eves, school holidays and
vacations (other than a night preceding a school
day):
8:00 A.M. to 1;00 A.M.
(e) No person, firm, corporation or association shall
permit children under the age of fourteen (14)
Years to operate a mechanical amusement device
during school hours, unless accompanied by a
responsible adult.
47-4.Every license issued under this Local Law is subject to the
right of the Town Board, which is hereby expressly reserved,
to revoke the same should the licensee, directly or
indirectly, permit the operation of any mechanical amusement
device contrary to the provisions of this Local Law, the Laws
of the Town,Aof Mamaroneck, or the Laws of the State of New
York or the United States.A notice of proposed revocation
shall be served by the Town Clerk, or a designee of the Town
Clerk, upon the person or entity named in the license
application by mailing a copy, Certified Mail - Return
Receipt Requested, to the address set forth in the license
application. The notice shall indicate that a hearing on the
proposed revocation will be held at the next regularly
scheduled meeting of the Town Board of the Town of
Mamaroneck, or at such other time as the Town Board may
direct. Said hearing shall be conducted by the Town Board or
l its designee. ..
After giving the licensee an opportunity to be heard, or upon
the licensee's default, the Town Board may revoke, modify or
suspend any license granted under this law. Such suspension,
modification, or revocation shall be based upon the
licensee's failure to comply with the requirements of this
Local Law, other applicable Laws of the Town of Mamaroneck,
the County of Westchester, and the State of New York.
47-10.9eizure and Destruction of Machine. If the police
Commissioner shall have reason to believe any mechanical
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 be found guilty, such machine shall be
destroyed by the police,
47-11-Penalty. Any person, firm, corporation or association.
violating any of the provisions of this Local Law, in
addition to the revocation of his or its license, shall be
liable to a fine or penalty of not less than Fifty Dollars
($50.00) nor more than Two Hundred Fifty Dollars ($250.00)
for each offense. Each day such violation shall exist shall
constitute a separate violation of this law, Each unlicensed
device shall contribute a separate violation hereof.
47-12.Exemptions, This Local Law shall not apply to, and no
license shall be required for, the operation of mechanical
amusement devices of the kind, or purpose herein specified:
(a) For special events, not exceeding five (5) 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 mechanical amusement devices for the use and
enjoyment of the general public, or for gambling or
other illegal purposes.
47-13.Non-conforming Devices. All persons, firms, corporations or
associations as described in Section 47-1 (b) which display
or operate devices which do not conform to the provisions of
Section 47-8 (b) of this Local Law at the date of its
adoption may continue said operation as a non-conforming use
in the same way and to the extent that lawfully existed at
their location as of the date of the adoption of this Local
Law, subject to the provisions of Section 47-8 (c) hereof.
47-14.Repeal of Conflicting Ordinances. All existing Local Laws
or ordinances of the Town of Mamaroneck are hereby repealed
insofar as they may be inconsistent with the provisions of
this Section,
47-15,Severability of Provisions It is the intention of the Town
Board that each separate provision of this Local Law shall be
deemed independent of all other provisions herein, and it is
further the,-intention of the Board that if any provisions of
this Local Law be declared invalid, all other provisions
thereof remain valid and enforceable,
2. Subsection C of Section 89-28 of the Town Code of the Town of
Mamaroneck is hereby amended by-adding thereto a new Subparagraph
(3) to read as follows;
(3) Mechanical Amusement Devices, subject to the following
conditions;
(a) Said devices, and the premises in which they are placed,
shall have received a license as provided in Chapter 47
of the Town Code, and be operated in accordance with
regulations set forth therein;
(b) Not more than two (2) licensed mechanical amusement
devices shall be permitted for any principal use;
(c) No Mechanical Amusement Devices shall be permitted
within 600 feet of any church, public or parochial
school or playground.
53. Section 89-3 of Chapter 89 of the Town Code of the Town of
Mamaroneck is hereby amended by adding the following ( to be
placed between the definitions of "LOT LINE, FRONT" and "MOTEL");
MECHANICAL AMUSEMENT DEVICE - Any machine, which, upon payment of
a charge, or upon the insertion of a coin, slug, token, plate or
disk, 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, skillball, mechanical grab machines,
electronic bowling machines, electronic baseball, football, hockey
or basketball machines, video machines, any and all air-propelled
{ machines, pool tables, shooting galleries, and all games,
operations or transactions similar thereto, under whatever name
they may be indicated, whether or not electronically operated.
54. This act shall take effect January 2, 1989.
{
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
I. (Final adoption b) local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ...... of W......
of the MM of .Mamaroneck was duly passed by the T�"`l Board
Town ..,.,.,.. .. . .. ...... ...... ..... .........
(Name of Legislau,c Body
on December 7
.............. 198.$......in accordance Kith the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ......... of 19........
County
of the City of of ... was duly passed by the ........... ...... ...... ....,.. .. ,...
Village (Nainc of Legtslattse aod%i
not disapproved
on............................. 19......., and was approved by the .
repassed after disapproval Elccu.e chtel Fs«uu c oirFCt
and was deemed duly adopted on ................ ...... 19 ......... in accordance with the applicable
. ..............
provisions of lain.
3. (Final adoption by referendum.)
I hereby certify that the local lai annexed hereto,designated as local law No. ,.... .,. of l9........
County
of the City of ................ was duty passed by the .. ................ .
Town ,a .. a0%
Village INamc or Lcgislatise Body I
not disapproved
on ............................. 19........ and was approved by the .
repassed after disapproval Elective Chief Eiecup+e Off-
cc-on .................................. 19 .......... Such local law was submitted to the people by reason of a
mandatory
permissive referendum, and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on ................ ............19 ......... in accordance with the applicable
annual
provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filki requesting referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No. .... .... of 19........
County
of the City of ................ was duly passed by the ........... _... ..... ... . ......
Town (Name of Legislalis a Bod)i
Village
not disapproved
on............................. 19........ and was approved by the ..... ............ ... ......
repassed after disapproval EkeoYeChiefExecutr.eOfficer•
on ...... . .. . ...... ...... ... ... 19 ..... ....Such local law was subject to a permissive referendum and
no valid petition requesting such referendum was filed as of ..................... .. . .. ... 19 .... .....
in accordance with the applicable provisions of law.
{
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide basis or,it
there be none,the chairman of the county legislative bod%,the mayor of a city or village or the supervisor of a town where such
officer is vested with power to approve or veto local laws or ordinances.
(-)
5. tGt} local la%concerning Charter re,ision proposed b petition.)
I hereby certify that the local law anne.ted hereto,designated as local lam No. ........ of 19........
of the City of ... `
f t '' •i • hating been submitted to referendum pursuant to the
provisions of 137 of the Municipal Home Rule Law, and having received the affirmativc sote of a
majority of the Qualified electors of such city voting thereon at the special rt l election held on ........., ,.
19.........became operative.
6. (Count►local late concerning adoption of Charter,)
hereby certify that the local]am,annexed hereto,designated as local Wx No. ..... ... of 19.........
of the County of .. ..........,Stale of New York,having been submitted to it)e Electors at the
General Election of November ..,19.......pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Lau,and having received the affirmative vole of a majority of the Qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said ceunt,.
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
1 further certify that I have compared the preceding local law with the original on fi'.e in this office
and that the same is a correct transcript therefrom and of the whole of such original iota' lam, and uas
finally adopted in the manner indicated in paragraph.............above.
�t�aXt�J�r�it�1F?7Yf�t4K3�t�Sd?�tL�TL�Toxnl��stSa'�XClcrl,$X
o$A`cXr�r'Fyft�Ft �Fd��fe�35iC24?F�624djX
Date: December 13, 1988
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Villake Attorney or
Other authorized Attorney of locality,)
STATE OF NEW YORK
COUNTY OF. Wgf,�Fltester
1, the undersigned, hereby certify that the foregoing local law contains the/cori'Fct text and that all
Proper proceedings have been had or taken for the enactment of the local la annex�d hereto.
..•••'. �a 1Signature� a'rd T a elieinaii
Ti0c Town Counsel.., ...
Date: December 13, 1988' C of Mamaroneck
Town .............
VMJK
(3)