Section 20-214. License requirements  


Latest version.
  • 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.
        (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.