HomeMy WebLinkAbout1981_9_9_Local_Law_No_2 r'
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14s1+W� Mamaroneck ................................................................
Townof............................................................
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Local Law No.................... ..................................... of the year 19 U........
A local law ..,Adding Section C' (MeG.({,�1lal._.Anlusat¢ent..➢evicas).._C4..fiha.P.? ..-41...........................
(i...a till.)
(Licensed Occupations) of the Unified Code of the Town of Mamaroneck
Be it enacted by the Tosm Board .............................of the
(N...of L.6i•totire Body)
t
g Mamaroneck
'Rity of...:...................... ..........................................................................---..................................._...• as follows:
Town
maw
Section 1.
This Local law shall be known and cited as Town of Mamaroneck Local I.aw No. 2 of 1951,
regulating the possession and operation of mechanical amusement devices within the
Unincorporated Section of the Town of Mamaroneck.
Section C. Mechanical Amusement Devices.
Sub. 1. Definitions of Terms. -As used herein the following words shall have the
meaningsbelow set forth;
(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 game, entertainment or amusement,
whether or not registering a score. It shall include, but is not limited to, such de-
vices 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 what-
ever name they may be indicated, whether or not electronically operated.
(b) The terms "person", "firm", "corporation" or "association" as used herein
shall include the following: any person, firm, corporation or association which owns
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, cor-
poration or association.having control over such machine; provided, however, that the
payment: of such fee by any person, firm, corporation or association enumerated herein
shall be deemed a compliance with this Local Law..
Sub. 2. Gambling Devices Not Permitted. Nothing in this Local Law shall in any
way be construed to authorize,l 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 law, or that may be contrary to any future laws of the State of New
York.
(I( additional space is needed, [rase attach sheets of the same size as this and number each)
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Sub. 3. License Required. Any person, firm, corporation or association dis-
playing for public patronage or keeping for operation any mechanical amusement de-
vice as herein defined by Sub. I herein 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.
Sub. 4. .Application. The application for such license shall contain the fol-
lowing information:
(a) Name and address of the applicant, age, date and place of birth.
(b) Prior convictions of applicant, if any.
(c) 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, serial number.
No license shall be issued to any applicant unless he shall be over
twenty-one-(2I) years of age and a citizen of the United States.
Sub. 5. Inspection. Application for license shall be made out in four copies,
one copy being referred to the Chief of Police, one copy to the Building Inspector,
one copy to the New York Board of Fire Underwriters, and one copy to be maintained
by the Clerk.
(a) The Chief of Police shall investigate the location wherein it is proposed
to operate such machine, ascertain if the applicant is a person of,good moral char-
acter, and either approve or disapprove the application.
(b) The New York Board of Fire Underwriters shall inspect all wiring and con-
nections to the machine, determine if the same complies with the NaCional Electrical
Code and shall approve or disapprove the application.
(c) No license shall be issued to any applicant unless approved by the Chief
of Police and the Building Tnsphctor.
(d) Any applicant whose application for license has been denied shall have the
right to appeal said decision denying the application for license to the Town Board
of the Town of Mamaroneck at a meeting thereof, and the same may be granted or re-
fused by the said Board.
Sub. 6. License Pees. Every applicant, before being granted a license, shall
pay an annual license fee of One Hundred Dollars ($100.00) for the privilege of oper-
ating or maintaining for operation each mechanical amusement device as defined in
Sub. .l 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 May Ist to April 30th of that year.
Sub. 7. Display of License.
(a) The license or licenses herein provided for shall be posted permanently and
conspicuously at the location of the machine in the premises wherein the device is to
be operated or maintained to be operated.
(b) Such license may be transferred from one machine or device to another sim-
ilar machine upon application to the Clerk to such effect and the giving of a descrip-
tion and the serial number of the new machine or device. 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) A 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.
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Sub, 8. Prohibitions 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
f parochial school, playground, or within two hundred (200) feet of other' premises al-
ready currently holding a valid license to operate said mechanical amusement de-
vices. The existing prior licenses shall be given preference, including license re-
newal, where two premises within two hundred (200) feet of each other seek licenses
under this Local Law.
(b) No person, firm, corporation or association may receive a license to operate
more than two (2) mechanical amusement devices.
(c) No person, firm, corporation or association shall permit the operation of,
or maintain for operation, more than an aggregate total of three (3) amusement de-
vices, including therein mechanical amusement devices.
(d) No person, firm, corporation or association shall, except as provided in
Subdivision (e) below, permit the operation of any mechanical amusement devices,
except during the following hours:
Monday through Friday (excluding Holidays). . 8:00 A.M. to 11:00 P.M.
Saturday, Sunday and Holidays . . . . . . . 8:00 A.M. to Midnight
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Sub. 9. Revocation of License. Every license issued under this Local Law is
subject to the right, which is hereby expressly reserved, to revoke the same should
the licensee, directly or indirectly, permit the operation of any mechanical amuse-
ment device contrary to the provisions of this Local Law, the laws of the Town of
Mamaroneck, or the laws of the State of New York; and the Town Cleric may, at any
time, suspend any license therefor. Notice of such suspension and the reason or
reasons therefor in writing shall be served by the Clerk.upon the person named in
the application or license or by mailing the same to.the address given in the appli-
cation, and upon filing a copy of such notice in the Clerk's office, with affidavit
-of service of mailing, such license shall be suspended until the next regular meet-
ing of the Town Board at which said meeting the license may be revoked; no refund
for any unearned portion of the license fee shall be made.
Sub. 10. Seizure and Destruction of Machine. If the Chief of Police shall
have reason to helieve 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 ex-
hibitor for allowing it to be used as a gambling device said exhibitor be found
guilty, such machine shall be destroyed by the police.
Sub. 11. Pence. 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 Dollare ($50.00)
not more than Two Hundred Fifty Dollars ($250.00) for each offense.
Sub. 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 herein
specified:
(1) Wherein the proceeds therefrom are to be devoted exclusively to
charitable, benevolent or religious purposes.
(2) Where the operation thereof is upon the property and premises of a
private membership club and for the benefit of its members or their guests; provided,
however, that said exemption will terminate if said private membership club operate
any mechanical amusement devices for the use and enjoyment of the general public.
Sub. 13. Non-conforming Persons, Firms, Corporations_or Associations'. All per-
sons, firms, corporations or associations as described in Sub. 1 (b) which do not
conform to the provisions of Sub. 8 (b) and (c) of this Local Law at the date of its
adoption may, continue as a non-conforming use in the same way and to the extent that
existed at their location as of April 1, 1981 - the date of the first public discussdon
on the adoption of this Local Law. All machines added at any location after April 1,
1981 up and to the date of the adoption of this Local Law which exceed the provisions
of Sub. 8 (b) and (c) may remain on the premises for a period of one year only from
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the. date of the filing of this Local Law with the Secretary of State.
Sub. 14. Ite eal of Co nflictin Ordinances. All existing Local Laws or ordin-
ances of The Town of Mamaroneck are hereby repealed insofar as they may be inconsis-
tent with the provisions of this Section.
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Sub. 15. Separability of Provisions. It is the intention of the To
that each separate provision of this LocaL Law shall Town Board
b e deemed independent of all
Other provisions herein, and it is -further the intention of the Board that if any
provisions of this Local Law he declared invalid, all other Provisions thereof
shall, remain valid and enforceable.
Section 2.
This Local Law shall take effect immediately upon filing in the Office of the
Secretary of State.
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