FORM NO. 1

A LOCAL LAW AMENDING AN EXISTING CHAPTER

LOCAL LAW NO 5 OF THE YEAR 199

VILLAGE OF MINEOLA

A LOCAL LAW AMENDING CHAPTER 19 ENTITLED "AMUSEMENTS" OF THE VILLAGE OF MINEOLA MUNICIPAL CODE.

BE IT ENACTED by the Board of Trustees of the Village of Mineola, New York as follows:

SECTION 1. AMENDING CHAPTER 19 OF THE MUNICIPAL CODE. That Chapter 19 entitled "AMUSEMENTS" is amended as follows:

[To repeal an existing Section or part thereof:]

1. That [Paragraph of Subdivision of] § 19.4 entitled "Exemptions from provisions of Article" is hereby repealed.

[To amend an existing Section or part thereof:]

2. That Subdivision D of § 19.28 entitled "Additional restrictions" is hereby amended to read as follows:

"D. No more than five devices to be kept in one place; exception.

No more than five (5) amusement machines or devices shall be kept, maintained, used, exhibited or operated in any one place or premises; provided, however, that a special license may be obtained for an amusement place that is devoted solely to the use and exhibition of amusement machines or devices and the Licensing Officer determines that such use or exhibition will not be detrimental to public safety or welfare."

3. That a new Section [or Subdivision or Paragraph of § ] to be known and designated as § 19.39 entitled "Posting of license" to follow § 19.38 is hereby added to said Chapter to read as follows:

[Set forth in full as new Section, Subdivision or Paragraph is to read.]

"§ 19.39 Posting of license

Every person licensed in accordance with the provisions of this Chapter shall immediately post such license and keep the same posted while in force in a conspicuous place on the premises mentioned in the application for such license."

SECTION 2. UNCONSTITUTIONALITY OR ILLEGALITY.

If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION 3. EFFECTIVE DATE.*

[a. No referendum required:]**

This local law shall take effect immediately [on January 1, 1996] after filing in the Office of the Secretary of State.

[b. Subject to permissive referendum:]

This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provisions of section twenty-four of the Municipal Home Rule Law.

[c. Subject to mandatory referendum:]

This local law shall take effect upon approval by the electors of the Village of Mineola at the general [or special] election to be held on November 7, 1995 and filing in the Office of the Secretary of State.

*Unless the effective date is specified, the local law shall take effect on the twentieth day after final adoption. Mun HRL § 27(4).

**This particular local law does not require a referendum but the following alternative provisions are provided to set forth the form to be used where a referendum may be required.