Bally's Aladdin's Castle, Inc. v. Town of Clarkstown

OPINION OF THE COURT

Gerard E. Delaney, J.

On April 28,1981, the Town of Clarkstown, Rockland County, New York, enacted a Local Law No. 7 as Code of the Town of Clarkstown (Code), chapter 22A (Amusement Devices). Section 22A-2 of such Code required any person seeking to operate or maintain, inter alla, “any electronic or video game” within the town to first obtain a permit for such use by application and the payment of a license fee of $25 for each such amusement device. However, Code § 22A-2 was amended on June 8, 1982, by Local Law No. 8 which raised the fee for a permit/license for each…