https://sleepyhollow.localarchives.org/files/original/1dc726a2c7eebd06f046272869a771cb.pdf dccd822bbd0241e3e07634092c28f545 PDF Text Text K7 PUBLIC HEARING ^—y— NORTH TARRYTOWN, N.Y. September 28, 1982 ' < A Public Hearing was held before the Board of Trustees of the Village of North Tarrytown on the above date to consider a proposed local law amending Chapter 4 of the General Code entitled "Amusement Devices", said hearing is the continuation of the public hearing held on August 16, 1982. Mayor Zegarelli updated changes in the most recent revision of the proposed local law and asked if there was anyone present who would like to address the Board. Mr. Seymour Pollak questioned the paragraph about identification cards. He stated that this would place more work on the Village. Mayor Zegarelli stated that this was suggested by the Attorney for the amusement device owners. He stated that the Board purposely took it out of the recreation department and placed it in the police department or the youth officer. The youth officer should be following the activities of the youth, he said. On an inquiry of Mr. Pollak should the youth not have an i.d. card what happens to them, Mayor Zegarelli stated that they would fall under the State Liquor Authority regulations. The owner of the bar would also ask for the i.d. card, he said. Mr. Pollak inquired if places other than bars could have a machine, Mayor Zegarelli stated that if they are in accordance with the terms of the law, the could, however, if they do not have male and female facilitie or if they are within 200 ft. of a school, etc., they would not be allowed. No further questions for or against the proposed local law, Trustee Gandolfo moved, seconded by Trustee Lofaro that the hearing be closed. Carried. Trustee Lobato moved, seconded by Trustee Maceyak that the following Local Law #4 of 1982, Amusement Devices, be adopted: (L.L. #4 in detail official minutes) On the question, Trustee DiFelice stated that he was totally opposed to the changes, with the exception of the misdemeanor clause, fees and the elimination of arcades. He stated that the Chief was to be present at the hearing this evening to make a statement that he was in favor of the present ordinance with the exception of the fees and arcades. He stated that the Board had three or four meetings with all of the operators and lawyers present during which they submitted proposals and no one is here this evening. He reiterated that he was totally against the local law, with the exception of the two items he mentioned. Trustee Lobato stated that his preference is to keep the age at 18. �-2Trustee Gandolfo stated that restrictions were more so in this law than in the ordinance we had. She stated that we are now restrict) premises within 200 ft. of the school which would eliminate a lot of premises having devices. She stated that there would be no problem wit i.d. cards. Minors would not need a card to get into bars or taverns because they cannot get in anyway. Trustee DiFelice stated that we have had all of these meetings and the attorneys are not here this evening. He questioned everyone this evening. Mayor Zegarelli stated that is not the Board's problem that the attorneys are not here, He stated that he sent letters to the two attorneys about the hearing this evening. He stated that the proposa as written tightens up the language. This is the best compromise We can get at this point, said the Mayor. i Mayor Zegarelli polled the Board on the motion to adopt the Local Law as follows: Trustee Maceyak Gandolfo - Yes - Yes Mayor Zegarelli voted "Yes", Trustee Lofaro - Yes " DiFelice - No " Lobato - Yes Motion carried. No further business to come before the meeting, Trustee DiFelice moved, seconded by Trustee Lobato that the same be duly adjourned. Carried. Respectfully submitted, Filomena Fallacaro Clerk J i �tuy i PUBLIC NOT3CE VILLAGE OF NORTH TARRYTOWN i The Board of Trustees of the Village of North Tarrytown at a regular meeting assembled and after Dublished notice and public hearin E do hereby ordain and enact Local Law"//A of 1982, entitled "Amusement Devices"" and amends Chapter U of the General Code as follows: Definitions. As used in this '«">/ !#»> the meaninas indicated: the following terms shall have Amusement Device - Includes but is not li mited to the type of c o m , token or similarly operated machine c ornmonly known as "bagatelle," "football," "pinball," "video," " electronic," or "computer" and any and all other coin or token operated rides, attractions and games not otherwise prohibited by the laws of this state, and used for a commercial purpose, Specifically excluded from this 4&&&J ^ ^ a r e c o m , token o r similarly operated pool tables, }uke boxes and snuff]ebo ard. No more than one (1) pool table, juke box or shuffleboard i s Dermitted on a premises. M Premises - Includes any parcel of land, building, structure, vehicle, boat, airplane or any other property or part thereof. 11, ) Person - Includes one (1) or more individuals, a partnership, company, corporation, association or society, and any officer, agent, servant or employee of the foregoing in responsible charge of premises hereinafter mentioned. Licer.se recuired; Bh application. A. No amusement device shall be kept, maintained, used, exhibited or operated in or upon any premises within the Village of North Tarrytown, unless the owner thereof and the person upon whose premises the same shall be kept, maintained, used, exhibited or operated shall first obtain a license from the Village Clerk of the Village of North Tarrytown as hereinafter provided. (1) A license shall be issued upon the following terms and conditions. A verified application in duplicate shall be made by such person to the Village Clerk for said license upon blanks to M >)X I M "Ml �be furnished by said Clerk, giving the name and address of the applicant, the name and address of the manufacturer of the amusement device, the manufacturer's number, if any, a complete detailed description of the amusement device, including all the mechanical features thereof, the method of its operation, the location by street and number where the amusement device is sought to be licensed, the nature and use of the premises upon which the^amusement device is proposed to be kept, maintained, exhibited, used or operated, the number of such amusement devices already licensed and sought to be licensed upon the same premises, and such further information as the Village Clerk or the Board of Trustees may require. (2) The application shall also contain a complete statement indicating whether or not any previous application has been made hereunder and whether any license has been received, refused, suspended or revoked, with the circumstances thereof. E. No premises shall keep, maintain, use, exhibit, or operate more than a total of three (3) amusement devices within the Village of North Tarrytown. Furthermore, the owner thereof and the person upon whose premises the same shall be kept, maintained, used, exhibited or operated shall first obtain a license from the Village Clerk of the Village of North Tarrytown as hereinafter provided. License required for owner of device and owner of premises. A license shall be procured by the owner of said amusement device and also by the person upon whose premises the same are located. Such amusement device shall have written thereon the name and address of the owner thereof. Cost of licenses; display. A. Prior to the issuance of such license, there shall be paid to the Village Clerk of the Village of North Tarrytown the sum of TWO HUNDRED ($200) DOLLARS per year, by the owner of the amusement devices as a one time annual fee, and, by the person upon whose premises the same are kept, maintained, used, exhibited or operated, the sum of SEVENTY TWO ($72) DOLLARS ($6 per month) per year, per amusement device, or any part thereof. Furthermore, there shall be a one time non-refundable application fee of TWENTY FOUR ($24) DOLLARS per amusement device due and payable by the person on whose premises the amusement devise is use, exhibited or displayed, upon filing of his application. If the applications is approved, a credit will be applied against the license fee. Not more than three (3) such amusement devices shall be licensed for maintenance, exhibition or use in the same premises at any one time. License fees shall be prorated on a monthly basis for a calendar year January 1st through December 31st. 2 r >> �i B. All licenses shall, at all times, be conspicuously displayed in the public area of the premises housing the amusement device(s) . Expiration date. A. All licenses shall expire on the first day of January succeeding the date of issuance unless otherwise revoked, pursuant to this local law. B. Prior to any renewal or reissuance of any license granted under this fo^l h»> a thorough review of the premises housing an amusement device will be made by the Chief of Police to ensure proper compliance with the provisions of this local law. Minors forbidden to operate amusement device or hold license. No person under eighteen (18) years of age shall be per-* nutted to be the holder of a license hereunder, nor shall any person in responsible charge of the premises upon which such licensed amusement device is located permit such person to operate said amusement device. However, persons under eighteen (18) years of age shall be permitted to operate an amusement device upon obtaining an identification card from the North Tarrytown Police Department Youth Officer or his designee. Written authorization duly notarized by a parent or legal guardian permitting said minor to operate an amusement device will be required prior to the issuance of an identification card. All holders of licenses for amusement devices will be charged with responsibility that all minors operating an amusement device are in possession of a valid identification card. The fee for youth identification cards shall be set by the North Tarrytown Board of Trustees from time to time to cover the cost of issuance. Control and regulation. The control and regulation of these amusement devices shall be in the Chief of Police of the Village of North Tarrytown. Causes for revocation of license. A. - Any license granted hereunder may be revoked by the Chief of Police for any of the following: 1. The violation of any of the provisions of this J*CA) (ft.**. 3 • r r �i^> y 2. The violation of any law, toc/^l lft~*>ti) rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which said amusement device is located. 3. The violation of any law, I OCA' /*u) rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed amusement device. 4. Upon the conviction of the holder of a license or any person in responsible charge of said premises of a crime. 5. Otherwise for just cause. B. This section shall in no way limit or impair the power otherwise vested in the Board of Trustees by law to revoke such licenses. C. All applicants will receive written notice of denial of a request for a license or revocation of same. The notice will contain a brief description of the reasons for the denial or revocation. Within seven (7) days of notice of denial or revocation, an aggrieved party may petition the Chief of Police for review of said denial or revocation. Said petition must be in writing together with any and all supporting documentation. After review of said petition, if the license for an amusement device is not restored, then the aggrieved party may seek relief pursuant to the Civil Practice Laws & Rules of the State of New York. Severability. If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence or part thereof directly involved in the controversy in which such judgment shall have been rendered. Prohibited locations of amusement device. No amusement device shall be kept, maintained, used or exhibited or operated in or upon any premises within the Village of North Tarrytown that is within 200' of the property line of any educational facility within the Village of North Tarrytown. This provision shall not apply to any bar or tavern licensed by the State Liquor Authority of the State of New "York for the on premises consumption of alcohol. �^3 i Authorized Premises. A. No premises shall be licensed to keep, maintain, use or exhibit an amusement device, except in a C-2 General Commercial Zone as defined in the Village of North Tarrytown Zoning Ordinance, Chapter 62, Section 62-8B, unless otherwise permitted in a pre-existing non-conforming use. B. Proper and separate male and female sanitary facilities shall be provided on each premises. C. Closing time for authorized premises shall be no later than 4:00 A.M. D. Gambling in any form whether actual or implied, is strictly prohibited. Violation of this subsection Shall result in immediate revocation of all licenses issued under -this ordinance. E. No minor enrolled as a student in any school, grade kindergarten through twelve, operate or cause to be operated an amusement device while school is in session. Penalties for offenses. A. Any person violating any provision of this I o<-A / la-u> shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00) or by imprisonment in the County Penitentiary of Westchester County for not more than fifteen (15) days, or by both such fine and imprisonment, and all licenses held by such person shall automatically be revoked. B. Each day's maintenance, exhibition or use of any amusement device in violation of the foregoing section shall constitute a separate offense per amusement device. Effective Date: This local law shall take effect immediately, For those amusement devices now licensed under Section 4-1 of the General Code of the Village of North Tarrytown; amended on 6/14/76, this law shall not be effective until January l'f 1983. All ordinances or local laws now in effect and inconsistent herewith are hereby repealed. By Order of the Board of Trustees Adopted: September 28, 1982 % • ' Filomena Fallacaro Village Clerk r i � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1982 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1982-09-28 Subject The topic of the resource Board of Trustees Minutes-1982 Date A point or period of time associated with an event in the lifecycle of the resource 1982 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text