74-47 Amusement Arcades
In C6 Districts only, the City Planning Commission may permit amusement arcades to be located within department stores of a minimum 150,000 square feet of floor area, railroad terminal buildings other than Grand Central Station, bus terminal buildings or office buildings of a minimum 500,000 square feet of floor area. Such amusement arcades shall not occupy more than one location in one building and shall not occupy more than 4,000 square feet of area and the arcade shall be located at least 500 feet from any Residence District or any C1 or C2 District, or for zoning lots located wholly or partially within the Fulton Mall Subdistrict of the Special Downtown Brooklyn District, such amusement arcade may be separated from any Residence District or any C1 or C2 District by a street that has a width greater than 110 feet and such amusement arcade shall be located below street level. An application for an amusement arcade pursuant to this Section shall contain plans of the location and arrangement of the proposed use and duplicate copies of the application filed with the Department of Consumer Affairs for an arcade license. Such amusement arcades may be permitted for renewable terms, subject to annual certification as to compliance with the conditions of this permit, provided the Commission finds that:
(a) the application for such special permit is a joint application made by the owner of the building and the operator of the proposed amusement arcade;
(b) such amusement arcade will not have a deleterious effect on the other uses located within the building and the surrounding area; and
(c) the use is so located within the building that no entrance nor any sign of the amusement arcade fronts upon or faces a street.
No special permit shall be issued pursuant to this Section unless the Commission has received a report from the Department of Consumer Affairs concerning the applicant, including any prior experience with the said Department and recommendations as to the operation of the arcade so as to protect the consumer.
This permit shall become effective upon the issuance of an appropriate license from the Department of Consumer Affairs, whose requirements concerning the location, number and arrangement of machines, hours of operation and requirements for supervision or security shall be incorporated within the special permit and govern those aspects of the special permit.
The Commission may renew the special permit for subsequent terms provided the Commission finds that the facts upon which the permit was granted have not substantially changed. With respect to any special permit or subsequent renewals under this Section, the provisions of paragraph (d) of Section 74-31 (General Provisions) shall not apply.
The Commission shall retain the right to revoke the special permit, at any time, if it determines that the nature or manner of operation of the permitted use has been altered from that authorized. The Commission and the Department of Consumer Affairs shall notify each other of any permit or license revocation hereunder.
Revocation of a special permit or a Department of Consumer Affairs license shall cause a revocation of the related license or special permit respectively. The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.