HomeMy WebLinkAboutGame Rooms 1983LOCAL LAW NO. , 1983
A Local Law to Provide for the Licensing
and Regulation of Coin-Operated Amuse-
ment Devices
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. The Code of the Town of Southold is hereby amended by adding
a new Chapter thereto, to be Chapter 37, to read as follows:
Chapter 37
Coin-Operated Amusement Devices
§37-1 - Title
This Chapter shall be known as the "Coin Operated Amusement
Devices Law of the Town of Southold."
§37-2 - Definitions
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Chapter, have the meaning herein
indicated:
COIN-OPERATED AMUSEMENT DEVICE or DEVICES - Any
amusement machine or device operated by means of the insertion
of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged. The term
'~amusement device" does not include jukeboxes, pool tables or
juvenile rides.
GAME CENTER - A permitted accessory use to a principal use,
consisting of an area or room containing not more than two (2)
cO[n-operated amusement devices.
GAME ROOM - A permitted accessory use to a principal use of
a structure, containing more than two (2) and less than four (4)
coin-operated amusement devices.
PERMITTED ACCESSORY USE - A use clearly incidental or
subordinate to the principal use of a building or premises, which
accessory use is specified in Chapter 103 of the Town Code as an
accessory use.
PERSON- Any person, firm, corporation, partnership, associ-
ation or club who, as the owner, lessee or proprietor, has under
his or its control any establishment, place or premises in or at
which such de%rice is placed or kept for use or play or on exhibi-
tion for the purpose of use or play.
37-3 - License Required
No person shall maintain or operate a Ganxe Center or
Room in the Town of Southold unless a license therefor has been
obtained pursuant to the provisions of this Chapter.
§37-4 ~ License Application
]Each application for a license hereunder ·shall be filed with
the Town C].erk, in duplicate, together with the required
fees, and shall specify:
(1)
The name, address and telephone number of the appli-
cant; and, if 'a" firm; · ~orporatirm, partnership or
association, the principal officers theceof and their
addresses and telephone numbers.
(2)
The addresses of the premises where the licensed device
or devices are to be opera,ed, iogether with the character
of the business as carried on at such place.
(3)
The name, address and telephone number of'the manager
of the applicant who shall be in charge of the applicant's
business in the Town of Southold.
(4)
The ~rade name and general description of the device
or devices to be licensed, the name of the manufacturer
and the serial number of each such device.
· .B ..... The application..shall_contain a certification under oath, made
by the applicant, that the information contained in the appli-
cation is complete, accurate and truthful to the best of his
knowledge and belief.
§37-5 - Review of application.-
The Town Clerk shall promptly forward a copy of the appli-
cation to the Building Inspector for investigation, review and
report.
]3.No license shall be granted unless the licensed premises shall
comply with all applicable Fire, Building, Zoning, Sanitary, -
· Electrical and Plumbing Codes.
§37-6 - Approval or denial
A. If the apphcation is approved, the lice'nsc shall be issued by
by the Town Clerk.
If the license is denied, seventy-five percent (75%) of the fee
shall be returned to the applicant, the balance shall be retained
to offset the costs of the investigation. The grounds rot denial
shall be set forth in writing. The applicant shall be entitled
to 'a hearing before the Town Board within thirty (30) days o~
the denial of '[he license, at which time he may submit pertinent
irfformation on his behalL The applicant shall be given ten (10)
days' notice of the date of such hearing.
[37-7 - License .Fee
The annual fee for a Game Center or Game Room shall be fifty
($50.) dollars, which may be modified from time to time by resolu-
tion of the Town Board.
-2-
~37-8 -
Conditions of License
Upon the issuance of a license the following conditions shall apply
.thereto and shmll be set forth in the license:
A. That the license shall expire one (1)year from the date of its
is suance. .
B. ·That the license shall be nonassignable and nontransferrable.
C. That the license shall be conspicuously posted at the location
of the de vices.
I). That the licensee shall comply with all applicable laws, rules
and regulations.
§37-9- Regulations·
No Game Center or Game Room shall be located within four hundred
fitly (450~) feet of a public or private elementary or
secondary school.
t3. No licensee of a Game Center or Game Room shall permit a
person under the age or-.sixteen (Z6) years of age to play or
operate a coin-operated amusement device between the hours
of sunset and sunrise unless accompanied by his parent or
legal guardian.
~37-10 - RevoCation or suspension of license
Every license issued hereunder is subject to a revocation
or suspension by the Town Board for the violation of any of
the provisions of this chapter. Any material rr. isstated or
omitted in the license application shall constitute grounds for
revocation or suspension. The revocation shall occur only
after a hearing.
The.licensee shall be:given ten (10} days' .notice of the date of
such hearing, and such notice shall state the grounds therefor.
,it such hearing, the licensee may submit pertinent information
on his own behalf.
,]37-11 - Penalties for offenses
Any person who violates any provision o£ this chapter shall, upon
conviction thereof, be punished by a fine not exceeding two hun-
dred fifty dollars ($250.) or by imprisonment for a term not
exceeding fifteen (15) days, or both. A separate offense shall
be deemed committed on each day during or on which a violation
occurs or continues.
B. Upon such conviction, no licensee shall ~,hereaftcr transact the
business of operating coin-operated amusement devices in the
Town of Southold.
Section 2 - Chapter 100 of the Southold Town Code (zoning) is hereby arnended
as follows:
1. Subdivision C of Section 100-60 is amended by adding a new
Subsection (3) to read as follows:
(3) Game Center or Game Room, subject to the requirements
and provisions of Chapter 37 of the Town Code,
-3-
SectiOn 3.
Subdivision C of Section 100-70 is amended by adding a new
Subsection (3) to read as follows~
(3) Game Center or Game Room, subject to the requirements
and provisions of Chapter 37 of the Town Code.
This Local Law shall take effect immediately.
-4-
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 10, 1983
3:45 P.M.
IN THE MATTER OF A PROPOSED .LOCAL LAW ENTITLED, "A LOCAL LAW .TO
PROVIDE FOR THE LICENSING AND.REGULATION.OF/COIN-OPERATED 'AMUSEMENT
DEVICES." ....
Present:
Supervisor William R. Pell, III
Csuncilman John J.. Nickles
Councilman L~wren'ce Murdock, Jr.
Councilman Francis J.. Murphy.
Councilman Joseph'L. Townsend, Jr..
Justic Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR PELL: This is a hearing on a Local Law for Coin-Operated
Amusement Devices.
JUSTICE EDWARDS: "Notice o£ Public Hearing on Local Law. Public
Notice is hereby given that there has been presented to the Town
Board of the Town of Southold, Suffolk County, New York,'on the
19th day of April, 1983, a'Local Law entitled, "A Local Law to
Provide for the Licensing and Regulation o£ Coin-Operated Amusement
Devices." Section 1 of the proposed Local Law adds a new Chapter
37 to the Code of the Town of Southold, which provides for the
licensing and regulation of video games (defined as "coin-operated
amusement devices") in Game Centers and Game Rooms, which are defined
as permitted accessory uses. Section 2 of the proposed Local Law
amends the Zoning Code (Chapter 100) of the Town of Southold, to
add Game Centers and Game Rooms as permitted accessory uses in the
"B" Light Business District [~100-60 C(3)], and in the "B-I" General
Business District [100-70 C(3)]. Copies of said Local Law are
available at the Office of the Town Clerk to any interested persons
during business hours. Notice is further given that the Town Board
of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, Main Road, Southold, New York,
on the 10th day of May, 1983, at 3:45 o'clock P.M., at which time
all interested persons, will be heard. Dated: April 19, 1983,
Judith T..Terry, Town Clerk."
I have proof of publication from The Suffolk Times, Joan W.
Gustavson, 28th day of April, 1983. I have proof of publication
from The Long Island Traveler-Watchman, 28th April, 1983, Patricia
Wood. I have proof of posting on the Town Clerk's Bulletin Board
by Judith T. Terry, Town Clerk. I have a copy of a letter that was
signed and returned by the Suffolk County Department of Planning,
by Village of Greenport, Southold Town Board of Appeals, Town of
Southampton, Town of Shelter Island, Long Island State Park
Page 2 - Public H~ ~ ing - Local Law on Coin-Operated Amusement Devices
Commission, Town of Riverhead, Southold Town Planning Board.
SUPERVISOR PELL: Thank you. You've heard the reading of the
proposed Local Law. Does anybody wish to speak in favor of?
(No response.) In opposition to?
MR. JAMES ZELLER, Drossos, Greenport: For one thing I read in the
paper there was not to be any grandfather clause. Is that correct?
SUPERVISOR PELL: That's correct.
MR. ZELLER: Because Drossos--I've had games in there for over
twenty years. Twenty-two years ago they had skee-ball, pool
tables and whatever. It's an amusement area. There's a miniature
golf course there. People come there just to bring their children
to enjoy themselves. Now, I don't see why they can go there and
play miniature golf or they could play skee-ball there twenty years
ago or shoot pool or whatever, now suddenly today they can't because
the types of games have changed. It still cost them money then to
play as it does today. Secondly, with this sunset to sunrise thing.
Parents bring their children, as I mentioned before, to the miniature
golf. They'll play miniature golf and then the parents will sit out
on the patio or something and the children will go inside and play
games. Many times they don't get up there until after 6:00 o'clock
or 7:00 o'clock or whatever time it might be. The Little League for
instance, they all come up there after their games to go and have
frozen custards and they want to play games, so I don't think the
sunset to sunrise law is very good. If the child can play this
type of game say at.7:30 and he can't play it at 8:00 o'clock, I
don't see the sense in that. He's allowed to play the game but a
half an hour later he can't because the sun went down. I guess
that's about all I have to say on it.
SUPERVISOR PELL: You object to the sunset and sunrise clause, and
the grandfathering clause?
MR. ZELLER: Exactly.
SUPERVISOR PELL: Thank you.
The two you are objecting to?
sir?
MR. TONY DISIMILE: I'm a vendor for Nassau-Suffolk Cigarette Service.
I'm the vending machine operator ~n Drossos and a number of other
locations. Did you receive a letter from our association's attorney?
SUPERVISOR PELL: Not that I know of. We had a telephone call this
morning from somebody.
MR. DISIMILE: Mr. Middleman?
SUPERVISOR PELL: Yes.
MR. DISIMILE: And there was supposed to have been a letter delivered
to you that our industry has been faced with a number of legislated--
everybody wants to do it~ and we have formed an organization... Basically
what we're trying to do is come out with a state-wide ordinance. Now,
some of these ordinances we feel in our industry are unconstitutional
Page 3 - Public He.~...ing - Local Law on Coin-O£..._~ated Amusement Devices
in reference to maybe Drossos where we've been operating games in
therefor about eight years, and there was no legislation then,
now all of a sudden you're telling me I can't operate it there
anymore, and you put the requirement on the amount of machines,
serial number of the machines. We are operators, we are licensed
by the State of New York as money lenders, we loan some of these
locations a lot of money to put our machines in there. We do make
a profit, but that's what we.!re in business for. Serial numbers
changes. I could have a game that I buy today brand new. It breaks
down and I got to change and I have to come to the Town Board to
register another serial number?
SUPERVISOR PELL: Town Clerk.
MR. DISIMILE: Town Clerk, excuse me. You're putting a big burden
on us, beside the restrictive clauses. I mean, our industry,
basically is all in favor of not putting the game room across the
street of a school or something like this, but when we're dealing
with the SLA, the SLA laws, which in Jim's case is---for example
in Patchogue--put a two machine per location in the incorporated
village in everything but bars and grilles. Okay, so they didn't
want a game room popping up in the middle of town and they've, done
it in East Hampton they're doing it, but in placing restrictive
clauses in certain places that they shouldn't be and you've thrown
away the grandfather clause and I don't think that's really fair
and that's one o£ the reasons for that telephone call which you
should be receiving a letter. That's about all I have fo say.
SUPERVISOR PELL: Thank you. Anybody else wish to speak in opposition
to? (No response.) Any other comments on this proposed Local Law?
(No response.) If not, I'll declare the hearing closed. Thank you
very much.
Judith T. Terl'y ~
Southo]d Town Clerk
:. NOTICE OF PtTBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE is hereby
~ given that there has been
i!?: presented to the Town Board
i~i.of the Town of Southold,
~.~" Suffolk County, New York, on
!i ',the 19th day of Apri!,, 1983,,.a
::,!,i Local Law entitled, A Local
':';'Law to Provide for the
?'Licensing~and Regulation of.
!?,: !Coin-Operated:Amusement
}!.Devices 'Secion 1 Of
?.i proposed Local L~w adds a
i. llinew Chapter 37 to the Code o£
iii/the Town of Souihold, which
, ' provides for the licensing and
regulation o£ video games
(defined as "coin-operated
amusement devices") Mn
Game Centers and Game
Rooms, which are defined as
· ·permitted accessory.uses.
· Section 2 of the proposed Local
Lmv amends the Zoning Cede
· (Chapter 1007 of the Town of
Southold, to add Game:l
· Centers and Game RO6mS agi~
permitted accessory
the B Light
District[§ 100-60 C(3)].~and in
th~ "B-i" General Business
iDistriet' El00-70 C(~) ]_
'~: ' Copie~ofsaidLocal Law a~e
'available at 'the Office Of the
T0wr~ Clerk to any interested
persons during · business.
hours: ....
· ..NOTICE IS .. FURTHER·
.~ GIVEN 'that :the ToWn Board
' of the Town of Southold will
~ 'hold a public hearing on_the
i ' aforesaid.LoCal Law a~ the
I~ Southold Town Hall, Main .
~. goad, Southold, New York, on
': 'the 10th day of May, 19113, at
i · 3:45 o'clock P.M., at which
[ -'time all interested per~ons ..
JUDITH... T. TERRY
· sOUTHOLD TOWN.CLERK.
SYATE OF NEW YO~K ) ,
)~:
COUNTY OF SUFFOLK )
Joan W. Gustavson
................................................................................... ~f Green~, i~ ~id County,
~ys ~/she is a ~e~r~=~ve ~ TH~ ~UFFGLK TIMES. a weekly
newspaper, pu~ii=hed a~ G~een~, in the T~wn of ~uthold, ~unty
of Suffolk, $~te of New YorA, and annexed ~s a pdnt~ copy that h=s
. ~en regularly pubii~aed i~ ~id newspa~r on~ in each
for..~:Afi~ .......... ~eek(s) =ucc~sively, ~m~encing the..~,~.~ day
day of .......... L~=&l ....................... ~9..,..B,~
' HELEN ~(. DE VOE
Ne. 4707~,78, ,SuUolk
[err. Expires March $0, 19~
' 'LEGAL NOTICE
NOTICE OF PUBIJlC
,.. HEARING ON LOCAE'LAW
PUBLIC 'NOTICE is' h~reby
'given that there has been
~!:~: :presented ~ to .the Town Board
ii~ Suffolk Coun~ Nfiw York on
of th.e Tbw,uj. of ,Southold,
i!: the 19th day~i~f April 1983, a
~cal Law ~iitie~'"k ~cal
Law to ~ovide for the Licens-
,.: mg and RegUlation 'of Coin-
, ~',; Opiated Amusemeat De-
,It '~'-<~ ~,r I ,:f,i,r pr.:.p..,~., ~
J',l ~,1 L..% ~J L ~,~ a~.J~ ~ n~ ~ ~,;
· '~f'.:~..,CEapter 37 ~ the, Code of the
. Town of Southold, which pro-
;. vides for: the licensing.~d
' .' regu{atio~ 0f ~deo gain'es '(de-
: :~ed as "coin - operated
amusement de~ ices") in Game
Centers and Game Rooms.
{' ~hich aredefiued as permtited
aece~sor) uses. Se~mn
'" ~e proposed ~eal Law
{{~J:' amends tee ~ning'.Code
:'~ (~ap~r 100) of ~e Townof
";' Southold, to add Game Pen-
' ' lees and Game Room~
m~ed acces~Orv uses in Ihe~ ~
"B" Light BusMess DistnctJ:
[~l~-60 C(3]J. and in
"B-I" Genera{ Busines~ Dis-
trict [100-'0 C(J}I.
Copies~l' sa~d Local La~ are
a~aiJabJe al the O~ce o[
J{;,:. Town Clerk to any Mt~rested
]:,. persons d~Mg . busMess
';,:. hours. . ' ·
~;:: NOTICE iS. FuRTHER OIV-
'? ENthat the To~ Board of'the
H, Town of Sou~old will hold
:7 public hearing, on the afore-
. ~ said ~cal Law ~t the S0uthold
., ToWn Hall, Main Road, South-.
? old Ne,,.York 4n'tke l~k
~:~<,J ~.~t~:.r.~ .re.fl be
.Iti['}TH T TERRT
SOO THOUD [O~m N C L E RK
COUNTY OF SUFFOLK
STATE OF NEW YoRK
Patricia Wood, being du!y sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in. Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ..................... ./~ ................. weeks
successively, Commencing on the ............ ?...~...~.. .............
day ~....~?~.'~-: ......... ~ ......, ] 9" '~' · '~'j~~._~
Sworn to before me this .. ............. ..~.../....~.. ...... day of
.................. .............. ,
Notary Public