Section 20-211
§ 20-211 Definitions. Whenever used in this subchapter, the following
terms shall mean:
a. "Amusement device" means any contrivance, open to the public, that
carries and conveys passengers along, around or over a fixed or
restricted course or within a defined area for the purpose of amusing or
entertaining its passengers, other than coin-operated amusement devices
as defined in subdivision b of this section.
b. "Player-operated amusement device" means any machine, contrivance,
apparatus, booth or other device intended as a game that one or more
persons are permitted to play by controlling the mechanical, electrical
or electronic components that are needed to operate or manipulate the
game in exchange for the payment of a fee, charge or thing of value, and
that provides amusement, diversion or entertainment. This shall include,
but not be limited to, fixed stand coin-operated rides as defined in
subdivision j of section 19-136 of this code.
c. "Amusement arcade" means any premises wherein there are located, in
any combination, ten or more of the amusement devices and/or
player-operated amusement devices defined in subdivisions a and b of
this section.
d. "Amusement operator" means any person who maintains or operates any
amusement device, gaming cafe or amusement arcade as defined in
subdivisions a, c and i of this section.
e. "Amusement arcade or gaming cafe owner" means any person who owns
or otherwise has legal possession or title to an amusement arcade as
defined in subdivision c or a gaming cafe as defined in subdivision i of
this section.
f. "Amusement device owner" means any person who owns or otherwise has
legal possession or title to an amusement device as defined in
subdivision a of this section.
g. "Portable amusement device" means an amusement device designed to
be operated on the vehicle which is used to transport such device.
h. "Affected community board" means the community board in which an
amusement device or amusement arcade would be located if a license were
to be granted pursuant to this subchapter.
i. "Gaming cafe" is a place where, for a fee charged directly or
indirectly, persons are provided access to three or more computers or
electronic devices in which game software has been installed by or for
the owner or operator for the purpose of playing a game on the premises.
Section 20-212
§ 20-212 Licenses required. a. It shall be unlawful for any person to
act as an amusement operator without first having obtained a license
therefor.
b. It shall be unlawful for any person to operate or for the owner to
permit the operation of an amusement device unless such owner has first
obtained a license for such amusement device.
c. It shall be unlawful for any person to operate, or for the owner to
permit the operation of, an amusement arcade or gaming cafe unless such
owner has first obtained a license for such amusement arcade or gaming
cafe.
Section 20-213
§ 20-213 Fees. a. The biennial license fee for an amusement operator's
license shall be one hundred dollars.
b. The biennial license fee for each amusement device shall be one
hundred dollars, except that where the amusement device is being
operated for less than thirty consecutive days, the license fee shall be
fifty dollars.
c. The biennial license fee for an amusement arcade or gaming cafe
shall be three hundred forty dollars.
Section 20-214
§ 20-214 License requirements. a. Generally.
(1) The application shall be made on a form to be provided by the
commissioner and shall include such information as the commissioner
shall deem pertinent.
(2) Every amusement device owner, gaming cafe owner or amusement
arcade owner must submit to the department either a valid certificate of
occupancy or an equivalent document duly issued by the department of
buildings stating that the premises in which such amusement device,
gaming cafe or amusement arcade is to be located is situated in an area
which is zoned to permit such use or a valid, current permit or special
permit has been granted by the appropriate city agency permitting such
use at the given location. If such permit or special permit shall expire
or be terminated for any reason during the pendency of any license, the
licensee shall present to the department a new permit or special permit
authorizing such continued use of the premises for an amusement device,
gaming cafe or amusement arcade. If such new permit or special permit is
not presented within ten days of the expiration of the prior permit or
special permit, such amusement device license, gaming cafe or amusement
arcade license shall be terminated automatically and without any
requirement of notice or hearing by the department.
(3) Within fifteen days of receipt of a new application for a license
to operate an amusement device, gaming cafe or an amusement arcade, the
commissioner shall give notice of such new application to the affected
community board and the council member for that district. The affected
community board shall have fifteen days from receipt of the notification
to comment on such application to the department.
(4) The commissioner shall promptly notify the affected community
board and the council member for that district of the final disposition
of any license application that was subject to comment by the community
board under paragraph three of this subdivision.
b. Amusement Devices.
(1) In order to apply for an amusement device license, the amusement
device owner must present to the department a completed application at
least thirty days before the amusement device is to be operated.
(2) Every amusement device owner must submit with his or her license
application for an amusement device proof that he or she has purchased
insurance or posted cash or other security in an amount not less one
million dollars ($1,000,000) per occurrence or a bond in an amount not
less than two million five hundred thousand dollars ($2,500,000) in the
aggregate against liability for injury to persons arising out of the use
of the amusement device. In addition, the application must be
accompanied by the certificates of insurance for workers' compensation
and disability coverage.
(3) Every amusement device owner must submit proof that an inspection
of the amusement device was made by the department of buildings, and
that such amusement device passed an elevator and/or electrical control
inspection prior to the issuance or renewal of a license.
(4) Every portable amusement device shall be equipped with a stairway
on either or both sides thereof so that the stairway in use at any time
for access to or egress from such portable amusement device shall at all
times be within a reasonable distance from the sidewalk, such distance
to be determined at the discretion of the commissioner. The operator of
such portable amusement device shall not at any time permit any person
to be admitted to the portable amusement device or to depart therefrom
except by the stairway.
c. Amusement Arcades and Gaming Cafes.
(1) The commissioner, at the time an amusement arcade or gaming cafe
license application is made, may prescribe conditions for the operation
of such amusement arcade or gaming cafe in order to minimize adverse
effects on the surrounding area, including, but not limited to,
prescribing hours of operation and requirements for security and
supervision. After a license is granted, the commissioner may prescribe
such conditions from time to time upon notice and opportunity to be
heard.
(2) Each player-operated amusement device located within an amusement
arcade or gaming cafe shall display a sign or signs, located and
designed so as to be discernible by all players and prospective players,
setting forth the rules of play, including the price of each game.
(3) Where the amusement arcade or gaming cafe owner or the amusement
operator in the amusement arcade or gaming cafe offers free games or
prizes, signs shall be required to set out with clarity the number of
wins or the score required to obtain a free game or prize; provided,
however, that no amusement arcade or gaming cafe owner or amusement
operator in the amusement arcade or gaming cafe shall offer money prizes
or awards or such other prizes or awards which are redeemable or may be
redeemed in money at the amusement arcade or gaming cafe or any other
establishment, or which may be used as a credit or allowance or which
may be exchanged for any money, credit or allowance. Any license to
operate an amusement arcade or gaming cafe issued pursuant to
subdivision c of section 20-212 of this subchapter shall be revoked,
after notice and hearing, where (i) the department finds that the owner
or operator of such arcade or cafe or an employee thereof has permitted
on the premises of such arcade or cafe the offering or distribution of
such prizes or awards; or (ii) the owner or operator of such arcade or
cafe, or an employee thereof, is convicted of violating any section of
article 225 of the penal law or of a lesser offense in satisfaction of a
criminal charge pursuant to article 225 of the penal law, for conduct
occurring on the premises of such arcade or cafe.
(4) No amusement arcade or gaming cafe owner or operator shall permit
persons under the age of eighteen, unless such persons are otherwise
exempt under New York State Education Law, to enter or remain in an
amusement arcade or gaming cafe between the hours of nine a.m. through
three p.m. on weekdays during the regularly scheduled school year for
public schools. Such owners shall prominently display a sign stating
that, unless exempt by New York State Education Law, persons under
eighteen years of age are not to enter or remain on the premises at such
times and that the truancy laws of the state of New York will be
enforced.
d. Placement and Operation. No amusement device or player-operated
amusement device or group of amusement devices and/or player-operated
amusement devices shall be placed or operated in such a manner as to
obstruct, or cause by the congregating of persons, an obstruction to, or
interfere with, any public corridor or passageway, or to obstruct the
entrance or exit to any premises. No amusement device or player-operated
amusement device or group of amusement devices and/or player-operated
amusement devices shall be placed on a public sidewalk in front of or
adjacent to an amusement arcade or gaming cafe.
Section 20-215
* § 20-215 Nothing in this subchapter shall be construed to authorize
gambling or the use of gambling devices.
* NB There are 2 § 20-215's
Section 20-216
* § 20-216 Location of Player-Operated Amusement Devices and
prohibition on minors entering certain premises where located.
a. No person shall locate a player-operated amusement device or a
gaming cafe within two hundred feet of a public or a private elementary
or secondary school.
b. The provisions contained in subdivision a of this section shall not
apply to fixed stand coin operated rides as defined in subdivision j of
section 19-136 of this code.
c. No person shall permit persons under the age of eighteen, unless
such persons under the age of eighteen are otherwise exempt under New
York State Education Law, to enter or remain, between the hours of nine
a.m. through three p.m. on weekdays during the regularly scheduled
school year for public schools, in a premises wherein there are located
more than four and fewer then ten player-operated amusement devices.
d. Premises wherein there are located more than four and fewer than
ten player-operated amusement devices shall prominently display a sign
stating that, unless exempt by New York State Education Law, persons
under eighteen years of age are not to enter or remain on the premises
between the hours of nine a.m. through three p.m. on weekdays during the
regularly scheduled school year for public schools, and that the truancy
laws of the state of New York will be enforced.
e. Any person who violates the provisions of this section or any rules
promulgated hereunder shall be guilty of a class B misdemeanor. In
addition, the commissioner may, upon due notice, hold hearings to
determine whether violations of the provisions of this section have
occurred. Such notice shall contain a concise statement of the facts
constituting the alleged violation and shall set forth the date, time
and place of the hearing. Upon a finding of a violation of the
provisions of this section, the commissioner shall be authorized to
impose a civil penalty of not more than five hundred dollars.
* NB There are 2 § 20-216's