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HomeMy WebLinkAbout1981_9_9_Local_Law_No_2 r' (11[eam Use this Forin for Filing your Local Law wlt[i the Secretary of Stale) 'Text of law should be its amended. l)0 1101 include nrtttet being cl'tuiinated and tlo not use italics or underlining fu indicate new lint ter. 14s1+W� Mamaroneck ................................................................ Townof............................................................ Yil+�4�K 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) Page 1 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. page 2 i 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 Y 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 page 3 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. f 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. f i Page 4