Subchapter 3 - AMUSEMENT DEVICES, ARCADES AND OPERATORS

Section 20-211

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

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

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

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

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

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