ARTICLE I. IN GENERAL

§ 4-1. Legislative intent.

It is the legislative intent and findings of the Village Board of the Village of Tuckahoe that the use, placement and ownership of coin-operated amusement devices (hereafter called "amusement devices") must be adequately regulated so as to prevent public disorder, nuisance, loitering and other acts detrimental to the public health, safety and welfare, as well as to ensure safe and proper location of such devices in order to promote fire safety and prevent overcrowding, excessive noise and other detrimental effects. (L.L. No. 3-1982)

§ 4-2. License required for amusement devices.

(a) No person shall maintain, use, exhibit or permit to be maintained, exhibited, used or operated in or upon any premises in his possession or under his control within the Village of Tuckahoe an amusement device as defined herein designed in whole or in part for the amusement, entertainment or recreation of the public, without first obtaining a license therefor in compliance with this local law.

(b) Licenses shall be obtained for amusement devices as defined in

§ 4-3 in accordance with the fee schedule below, which license shall be issued by the Village Clerk.

(c) A license fee shall be paid at the rate of two hundred dollars ($200.) for each amusement device and the sum of two dollars ($2.) for each seal obtained under this Article.

(d) A license fee shall be paid at the rate of one hundred dollars ($100.) for each jukebox, and the sum of two dollars ($2.) for each seal obtained under this Article. (L.L. No. 3-1982)

§ 4-3. Definitions.

As used in § 4-2, the following words, terms and phrases shall have the meanings ascribed to them in this section unless from the context a different meaning clearly appears:

Amusement device. The term "amusement device" shall mean a machine which is mechanically or electronically operated, including but not limited to baseball and football games, pinball machines, video games and other similar games in which points are tabulated in high scores by one (1) or more persons, that is controlled or operated by the insertion of a coin or token or payment of a fee for the privilege of operating the machine and intended for the amusement or recreation of a patron.

Jukebox. The term "jukebox" shall mean a machine which is mechanically or electronically operated to play music by the insertion of a coin, token or payment of a fee for the privilege of operating the machine.

Person. The term "person" shall mean and include one (1) or more individuals, a partnership, company, corporation, society or other legal entity and any officer, agent, servant or employee of the foregoing in charge of the premises hereinafter mentioned. (L.L. No. 3-1982)

§ 4-4. Application of local law.

The provisions of this local law shall apply to any parcel of land, building, structure, leased premises or other location where an amusement device may be maintained, exhibited, used or operated. (L.L. No. 3-1982)

§ 4-5. Number of devices to be licensed.

No more than three (3) amusement devices and one (1)jukebox shall be licensed under this local law for maintenance, exhibition or use in any one (1) premises at any one (1) time. (L.L. No. 3-1982)

§ 4-6. Age restrictions.

No person under twelve (12) years of age shall be permitted by the licensee under this Article, or any person in responsible charge of the premises upon which any device is located, to operate such device. (L.L. No. 3-1982)

§ 4-7. Use restrictions during school hours on school days.

No person attending elementary school, junior high school or high school shall be permitted to operate any amusement device between 7:00 a.m. and 3:00 p.m. on those days when school is in session within that person's school district in the Town of Eastchester or the Villages of Tuckahoe and Bronxville. (L.L. No. 3-1982)

§ 4-8. Application for license.

(1) An application shall be filed with the Village Clerk for issuance of a license for each amusement device. The application form shall require the following information:

a. Name, address of owner and tenant, if any.

b. Number of devices proposed and name of manufacturer, model number and serial number of each device.

c. Location of each device.

d. Such other information as the Village Board may require.

(2) No license shall be issued until the proposed location of each device has been approved in writing by the Fire Inspector of the Town of Eastchester and the Police Chief of the Village of Tuckahoe.

(3) The application for a license under this Article shall be referred by the Village Clerk to the Chief of Police for his investigation and recommendation as to approval or disapproval, and he shall forward his recommendation in writing to the Village Clerk. No such license shall be issued without approval of the Chief of Police. The Chief of Police shall cause such inquiries, inspections and investigations to be made as he deems necessary to carry out the intent and purpose of this Article, including but not limited to the device sought to be licensed or which shall be licensed, the premises upon which such device is proposed to be or shall be located and the moral character of the applicant or any person in responsible charge of such premises. In order that the intent and purpose of this Article shall be carried out, the control and regulation of such devices shall be under the supervision of the Police Department, and members of the Department may at any and all times, when such premises are open, visit the same and make an inspection thereof.

(4) Upon receipt of required Fire Inspector and Police Chief approvals, a complete application and payment of the required fees, the Village Clerk shall issue a license for up to three (3) amusement devices, as described in the license application, for any one (1) location in accordance with the provisions of this chapter.

(5) Under no circumstances will a license be issued to an applicant for a device to be located in premises serving alcoholic beverages unless adequate signs are posted, satisfactory to the Police Department, that the machines shall not be used by persons under the legal drinking age in the State of New York unless accompanied by his or her parent or legal guardian. (L.L. No. 3-1982)

§ 4-9. License period.

All licenses shall be for a period of one (1) year and shall expire on December 31 of each year. License fees shall be prorated on a calendar quarter basis for licenses issued during the calendar year; however, no refund will be made if the device is removed prior to expiration of the license period. (L.L. No. 3-1982)

§ 4-10. Transfer of license.

(a) No license issued under this Article shall be transferred from one device to another, except as hereinafter provided, nor to any person or location other than that stated in the application thereof.

(b) A license issued under the provisions of this Article may be transferred either to another device identical in every respect or to a device of the same general character as that licensed. The provisions of this Article with respect to applications, investigations and approval shall apply to all transfers, and no transfers shall be effective until the Village Clerk has issued a certificate therefor. Prior to the issuance of such certificate, the Village Clerk shall collect the sum of fifty dollars ($50.) for each transfer. (L.L. No. 3-1982)

§ 4-11. Revocation.

Any license granted under this Article may be revoked by the Village Clerk for any of the following reasons:

(1) The violation of any of the provisions of this Article.

(2) The violation of any law, ordinance, rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.

(3) The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed device.

(4) Upon the conviction of the licensee, holder of a license or any person in responsible charge of said premises of a crime.

(5) Upon the recommendation of the Chief of Police in writing, stating the reasons therefor. (L.L. No. 3-1982)

§ 4-12. License display.

A copy of the license shall be permanently and conspicuously displayed in the interior of the premises, but not in any display window. (L.L. No. 3-1982)

§ 4-13. Penalties.

Any person who violates any provisions of this chapter shall be subject to a fine of an amount which shall not be in excess of two hundred fifty dollars ($250.) for each violation. A separate violation shall be deemed committed upon each day during which a violation occurs, is committed or continues. This chapter shall be enforced by the Police Department of the Village of Tuckahoe. (L.L. No. 3-1982)

§ § 4-14 - 4-15. Reserved.

ARTICLE II. RESERVED

ARTICLE III. EXHIBITIONS, PERFORMANCES, ETC.

§ 4-46. License required.

(a) It shall be unlawful for any person, either as owner, manager, agent, employee or performer within the corporate limits of the village hereafter to conduct, exhibit, carry on, produce, parade or take part in any circus, wild west show, menagerie, caravan of animals, field games, public shows, carnival, shooting gallery, arcade, performances, entertainment, exhibition or amusement of any kind or description, or any combinations of such, conducted, carried on, exhibited or produced in the open air or under a tent or in any other place for admission to which pay or compensation of any kind shall be required, demanded or received or which is given or conducted for gain.

(b) It shall be unlawful for any person either as owner, manager, agent or employee to conduct or operate any theater, theatrical performance, any motion-picture theater, show, any concert hall or any bowling alley within the corporate limits of the village without first having obtained and paid for, and having in force and effect, a license therefor.

(c) It shall be unlawful for any person to conduct, maintain or operate or engage in the business of conducting, managing or operating a public dance hall or cabaret except as prescribed in Part I, Local Laws, Article VII, Local Law No. 1 of 1967 - Dance Halls and Cabarets. (Ord. No. 4, § 1, 3-30-1931; L.L. No. 2-1990, §2)

§ 4-47. Application for license.

(a) Any person desiring to procure or renew a license as provided in this Article shall file with the Village Clerk a written application. Such application shall contain a description of the place where it is proposed to carry on or operate such amusement, description of the kind of entertainment, the date or dates on which it is proposed to carry on or operate such amusement, the name and post office address of the applicant and, if the applicant is not the owner of the amusement, the name and post office address of such owner, and such information as the licensing official may require.

(b) The fee for such license shall be as follows:

(1) For amusements conducted in a theater, amusement hall or place: seventy-five dollars ($75.) per six-month license period or fraction thereof.

(2) For circuses, wild west shows, menageries and other amusements not conducted in a place licensed as a theater, amusement hall or place: fifty dollars ($50.) per day or fraction thereof.

(c) The Building Inspector and the proper official of the Fire Department shall inspect or cause to be inspected the premises named in the application to determine whether such premises comply with the regulations and ordinances of the village and the laws of the state, and whether such premises can be safely used for the purpose intended. Such Inspector shall furnish to the Village Clerk in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. (Ord. No. 4, § 2, 3-30-1931; L.L. No. 11-1986, § 2; L.L. No. 1-1990, § 1; L.L. No. 2-1990, § 3)

§ 4-48. Issuance, etc., of license.

(a) Upon the filing of the application and information as provided in § 4-47 and any consents that may be hereafter required, the Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 4-46.

(b) A license may be refused or revoked for a specific reason and for the protection of the public safety, health, morals or general welfare.

(c) A license shall not be assignable.

(d) Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any person, shall each be guilty of a violation of this section.

(e) All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place at which the amusement is to be carried on, the kind of entertainment, the dates of issuance and expiration of the license, the fee paid, the name and address of the licensee.

(f) No license shall be granted to a person under twenty-one (21) years of age nor renewed without a reinspection of the premises.

(g) No applicant to whom a license has been refused shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection unless he can show that the reason for such rejection no longer exists.

(h) Licenses issued pursuant to this section, except conditional licenses, shall be issued for a maximum of six (6) months. The effective periods of all licenses shall be January 1 through June 30 and July 1 through December 31. All licenses shall expire on June 30 and December 31. The Clerk, after approval by the Board of Trustees, may issue a conditional license for a period of not less than one (1) month. (Ord. No. 4, § 3, 3-30-1931; L.L. No. 1-1990, § 2)

§ 4-49. Vulgar shows.

No obscene, vulgar, immoral, illegal or disorderly show shall be licensed or permitted, and no person receiving a license or conducting or taking part in any show shall conduct, permit or take part in any obscene, vulgar, immoral, illegal or disorderly show under such license. (Ord. No. 4, § 6, 3-30-1931)

§ 4-50. Revocation of license.

The Village Clerk may, at any time for a violation of this Article or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons thereof in writing shall be served by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application and upon filing a copy of such notice in the office of the Village Clerk. (Ord. No. 4, § 8, 3-30-1931)

§ 4-51. Application of Article.

The provisions of this Article shall not apply to entertainments given by any public or private school, lectures on historical, literary or scientific subjects, amateur field games or contests or fairs, concerts, exhibitions of painting or statuary given or made by residents of the village for the benefit of any social, benevolent, religious or charitable object in the village, except that no permit, authority or license to conduct or operate what is commonly known as a "carnival" or "fair" shall be granted at any time for any purpose. (Ord. No. 4, § 10, 3-30-1931)

§ 4-52. Penalties.

Any person, who himself or by his Clerk, agent or employee, shall conduct, exhibit, carry on, produce, parade or take part in any amusement without a license, or shall violate any of the provisions of this Article, or who, having had his license revoked shall continue to conduct, exhibit, carry on, produce, parade or take part in any such show, shall, upon conviction, be punished by a penalty as prescribed in § 1-7, and each day on which such violation continues shall constitute a separate offense. (Ord. No. 4, § 9, 3-30-1931)

§ § 4-53 - 4-65. Reserved.

ARTICLE IV. FORTUNETELLERS, ETC.

§ 4-66. Definition.

The terms "fortuneteller, phrenologist, astrologist, palmist, clairvoyant," etc., shall mean and include any person, either principal or agent, who in any public place or street or by going from house to house or place of business to place of business or in an established place of business offers to describe the past or foretell the future or to delineate character, by phrenology, astrology or any means whatsoever. (Ord. No. 22, § 1, 3-30-1931)

§ 4-67. License required.EN

It shall be unlawful for any person within the corporate limits of the village to carry on or be engaged in the business of a fortuneteller, phrenologist, astrologist, palmist, clairvoyant or other similar calling without having obtained and having in force and effect a license therefor. (Ord. No. 22, § 2, 3-30-1931)

§ 4-68. Application for license; bond.

(a) Any person desiring to procure a license as provided in this Article shall file with the Village Clerk a written application upon a blank form furnished by the village and shall file at the same time satisfactory proof of good character. Such application shall give the name, address and age of the applicant, the type of service to be performed, the length of time for which a license is desired and such other information as may be required by the Village Clerk.

(b) An application for a license shall also be accompanied by a bond to the Village of Tuckahoe in the penal sum of one thousand dollars ($1,000.) with sufficient surety or sureties or sufficient collateral security, conditioned for the due observance during the time of the license of ordinances of the village and laws of the state.

(c) Any person aggrieved by the action of any licensee under this Article shall have a right by action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the village for a period of ninety (90) days after the expiration of any license unless sooner released by the Village Clerk. (Ord. No. 22, § 3, 3-30-1931)

§ 4-69. Investigation of applicant; issuance generally.

(a) Upon the filing of the application, bond and certificate as provided in § 4-68, the Village Clerk and Police Chief shall make or cause to be made, an investigation of the applicant and, upon the written approval of such application by the Village Clerk and the Police Chief, the Board of Trustees may cause a license signed by the Mayor, to be issued to the applicant.

(b) No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.

(c) Any applicant shall submit and make available to the Village Clerk, Chief of Police and Board of Trustees such information as they may reasonably require prior to the issuance of such license.

(d) A license shall not be assignable.

(e) Any holder of such license who permits it to be used by any other person and any other person who uses such license shall each be guilty of a violation of this section and, whenever a license shall be lost or destroyed by the holder, a duplicate may be issued, under the original application and bond, by the Village Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search was made for its recovery.

(f) All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which issued, and shall state clearly the kind of service to be performed, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.

(g) Such license shall automatically expire on January 1 following the date of issuance but may specifically state and provide for an earlier expiration date. Every licensee while exercising his license shall carry it with him and shall exhibit same on demand. (Ord. No. 22, § 4, 3-30-1931)

§ 4-70. Fee.

The license fee shall be fifty dollars ($50.) per month. No license shall be issued for less than one (1) month. (Ord. No. 22, § 5, 3-30-1931)

§ 4-71. Revocation.

The Village Clerk may at any time, for a violation of any law or ordinance, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license shall be made. Notice of such revocation in writing and the reason therefor shall be served by the Village Clerk upon the person named in the application or by mailing same to the address given in the application. (Ord. No. 22, § 6, 3-30-1931)

§ 4-72. Penalty.

Any person who himself or by his agent or employee shall violate any of the provisions of this Article or who having had his license revoked shall continue to act as a fortuneteller, etc., shall, upon conviction, be punished by a penalty as prescribed in § 1-7, and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person. (Ord. No. 22,

§ 7, 3-30-1931)