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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. "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.
(Renumbered and amended, L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Formerly § 20-211. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
a. Requirements for amusement devices.
(1) Every amusement device owner must purchase insurance or post 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, every amusement device owner must maintain in such owner's possession for display at the commissioner's request certificates of insurance for workers' compensation and disability coverage.
(2) Every amusement device owner must ensure that all such amusement devices have undergone an inspection by the department of buildings, and that such amusement devices have passed an elevator and/or electrical control inspection, prior to the first instance of operation of any such amusement devices.
(3) 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.
(4) Notification of accidents. Every amusement operator shall provide notice to the department of any accident relating to an amusement device within twenty-four hours after the occurrence of such accident, or immediately after such accident if any person sustains an injury requiring medical treatment or dies as a result of such accident. The commissioner shall set by rule the form and content of such notice and the manner in which such notice shall be transmitted to the department.
b. Amusement arcades and gaming cafes.
(1) 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.
(2) 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.
(3) 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.
c. 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.
(Renumbered and amended, L.L. 2021/080, 7/18/2021, eff. 3/15/2022; Am. L.L. 2021/098, 9/26/2021, eff. 3/15/2022)
Editor's note: Formerly § 20-214. For related unconsolidated provisions, see Appendix A at L.L. 1995/072, L.L. 2021/080 and L.L. 2021/098.
Nothing in this subchapter shall be construed to authorize gambling or the use of gambling devices.
(Renumbered L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Formerly § 20-215. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
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 than 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 as provided in section 20-630 of this subchapter.
(Renumbered and amended, L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Formerly § 20-216. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
a. Any person who violates any provision of this subchapter or any rules promulgated pursuant to this subchapter shall be subject to a civil penalty of: (i) one hundred seventy-five dollars for the first violation; (ii) three hundred dollars for the second violation; and (iii) five hundred dollars for the third and any subsequent violation; except that a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision a or d of 20-629 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision a or d of section 20-629 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
b. Notwithstanding any inconsistent provision of law, a civil penalty of zero dollars shall be imposed for a first violation of subdivision c of section 20-629 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first-time violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision c of section 20-629 of this subchapter or any rule or regulation promulgated thereunder shall be subject to a civil penalty of one hundred seventy-five dollars for a second violation and a civil penalty of three hundred dollars for a third or subsequent violation.
c. Notwithstanding subdivision a of this section, any person who violates paragraph (4) of subdivision a of section 20-627 or any rules promulgated pursuant to this subchapter shall be subject to a civil penalty of five hundred dollars.
(Added L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Subchapter 3-B: Retail Laundries
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