Marlborough City Zoning Code
CHAPTER 58
Amusement Devices
[Adopted 1-18-1982 as L.L. No. 1-1982]
§ 58-1 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of money, coins, tokens or other articles or by paying money to have it activated. This definition does not include:
A building or place containing five (5) or more amusement games.
A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.
One (1) or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver or assignee.
The Town of Marlborough.
§ 58-2 License required; classes of premises.
No person shall maintain or operate a game room in the town unless it is licensed under this Article. Licenses shall be issued according to the class of the premises where the game room is located.
Class Two premises are those where the game room is a principal business enterprise.
§ 58-3 Application for license; location and other restrictions.
An application for a game room license shall be made to the Town Clerk on forms prepared and containing information prescribed by the Town Clerk.
Upon receipt of an application for a game room license, the Town Clerk shall refer it to:
The Building Inspector, to determine whether the premises comply with all applicable laws, codes, rules and regulations. For that purpose, the Building Inspector shall have the right to enter upon and inspect the premises during normal business hours.
The Chief of Police, to cause an investigation to be made of the background of the owner and the operator of the game room.
Game rooms on Class Two premises are not permitted within rooms or space licensed for on-premises consumption of alcoholic beverages or within connected rooms or appurtenant space.
Except as provided in the New York Correction Law, Article 23-A, no game room license shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, a member, officer, director or holder of the stock of which has been convicted of a crime.
§ 58-4 Review and approval of application; issuance of license; hearing.
After review of the application has been completed, the Town Clerk shall forward it, with his report and the recommendations of the Building Inspector and the Chief of Police, to the Town Board for its approval.
In approving a license, the Town Board may establish conditions to promote and protect the health, safety and general welfare of the town and its inhabitants.
After approval by the Town Board, the Town Clerk shall issue a game room license upon payment of the license fee established in § 58-6, less the amount of the application fee. The license shall state:
Upon request by the applicant, the Town Clerk shall schedule a hearing for the first Town Board meeting for which five (5) days' notice, published in the official newspaper, can be given if the Town Board denies the application or approves it with limits or conditions not satisfactory to the applicant.
§ 58-5 Operation.
The owner and operator of any game room shall comply with all provisions of law, ordinance, rule or regulation relating to the conduct of business and the use and maintenance of the premises.
The owner and operator of any game room shall cause the game room license to be posted at all times in a conspicuous place on the premises.
The owner and operator of any game room shall not permit a greater number of persons on the premises at any time than the capacity approved by the Town Board as set forth in the license.
The owner and operator of any game room and the members, officers, directors and holders of the stock of any corporation, partnership or association owning or operating a game room shall be of good moral character.
The owner and operator of any game room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room shall include, but shall not be limited to, the following:
Fighting and rowdy behavior.
Possession or consumption of alcoholic beverages, except within Class One premises licensed by the state for on-premises consumption of those beverages.
Gambling.
The owner or operator of any game room shall not permit an amusement game therein to be played or operated after 10:00 p.m. by a person under the age of sixteen (16) unless accompanied by and under the supervision of a parent or other guardian over the age of twenty-one (21).
The owner or operator of a game room shall not allow it to be open or used unless it is under the control of and supervision by a person at least eighteen (18) years of age who shall ensure that it is operated in compliance with this Article.
The owner and operator of a game room containing more than thirty (30) amusement games shall provide additional supervisory personnel, all of whom shall be at least eighteen (18) years of age, adequate to assure orderly operation of the game room at all times.
The owner and operator of a game room on Class Two premises shall not allow it to be open or the amusement games therein played Monday through Saturday between the hours of 2:00 a.m. and 8:00 a.m. and on Sunday between the hours of 2:00 a.m. and 12:00 noon.
The owner and operator of a game room shall not allow more amusement games than the number permitted in the license to be located therein at any time.
The owner and operator of any game room shall not permit games to be played for prizes.
§ 58-6 Fees. [1]
§ 58-7 Inspection of premises.
The premises of all game rooms in the town, when open for the transaction of business, shall be subject to inspection by any peace officer, acting pursuant to his special duties, or any police officer.
§ 58-8 Expiration of licenses; renewal.
Game room licenses shall expire one (1) year from the date of issuance. Applications for renewal of game room licenses shall be submitted at least thirty (30) days before the expiration of the existing license.
§ 58-9 Revocation of license.
The Town Board may revoke a game room license for cause after a public hearing.