[HISTORY: Adopted by the Town Council of the Town of Belvidere 4-19-1982 by Ord. No. 82-22 (Ch. 68 of the 1987 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE or DEVICE
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill or for the playing of which a fee is charged. Also included within this definition are coin-operated mechanical or electronic musical devices which are commonly referred to as "jukeboxes."
PROPRIETOR
Any person, firm, corporation, partnership, association or club who, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.
No person, firm, corporation, partnership, association or club shall engage in the business of a proprietor of coin-operated amusement devices, as the terms are herein defined, without first having obtained the proper license therefor, in accordance with the terms of this chapter.
A. 
The license fee for each proprietor shall be $25 per year for each device used or played or exhibited for use or play.
B. 
All license fees shall be payable annually in advance and shall accompany the application, provided, that where application is made after July 1 of any year, the license fee to be paid shall be 1/2 of the amount hereinabove provided.
C. 
All licenses shall expire on the 31st of December of each year.
Each application for license hereunder shall be filed with the Clerk on a form to be provided by the Clerk and shall specify:
A. 
The name and address of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
B. 
The address of the premises where the license device or devices are to be operated, together with the character of the business as carried on at such place.
C. 
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number of each such device.
D. 
The name and address of the owner of the device or devices, if other than the proprietor.
E. 
Whether or not the applicant or any principal officer thereof, if the applicant is not a natural person, has ever been convicted of violating any statute or Town ordinance involving gambling or moral turpitude, and if so, the details of conviction.
No more than four coin-operated amusement devices as described in this chapter shall be licensed for operation on or at any business premises for every 100 square feet of public floor area.
No coin-operated amusement device shall be located in any premises within 200 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the premises on which the mechanical amusement device is located or sought to be located along the route that a pedestrian would normally walk.
No proprietor shall permit the operation of a coin-operated amusement device between the hours of 11:00 p.m. and 7:00 a.m. However, the time of operation shall be extended to the closing hours of an establishment if the license of the primary business of the establishment stipulates a later closing hour.
A. 
The proprietor shall not permit any person to bet or gamble on the licensed premises.
B. 
The proprietor shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
C. 
No licensed premises shall be without sanitary facilities nor contain any fire, safety or health hazard.
A. 
The Town Council may revoke any license for sufficient cause, after notice and public hearing. It shall be sufficient cause for the revocation of any such license if:
(1) 
Such mechanical games for skill or entertainment or such coin-operated amusement devices shall be used for the purposes of gambling, wagering or betting, whether with or without the knowledge of the licensee.
(2) 
Any of the provisions of this chapter have been violated.
(3) 
The license application contains a material misstatement or omission.
B. 
Licenses shall not be revoked or suspended until a hearing is held by the Town Council. Written notice of the time and place of the hearing shall be given to the licensee at least 10 days prior to said hearing. A license so revoked shall not be reissued except for good and sufficient reason shown by the applicant. Notice shall be deemed sufficient if mailed by certified mail to the address of the licensed premises shown on the most recent annual license application or if served personally upon anyone in charge of the licensed premises during normal hours of business. At the hearing, the Town Council shall allow the licensee the opportunity to answer and be heard, and the Council, after due consideration, may dismiss the complaint or revoke or suspend the license. In the event that the Chief of Police determines that said licensee is violating this chapter and it would be detrimental to the health, safety and welfare of the residents of the Town to permit the operation of the licensee's activity until notice of a formal hearing can be given said licensee, he may suspend said license until the next regularly scheduled meeting of the Town Council, when the Council will act in accordance with this section.
In the event that the Town Clerk refuses to issue a license, any aggrieved applicant may appeal to the Town Council for the issuance of said license by notifying the Council in writing within five days of the date of denial of the license by the Town Clerk, requesting that said applicant be heard by the Council in regard to the issuance of said license. Upon receiving such notification from any aggrieved applicant, the Town Council shall schedule a date for a hearing within 20 days of the date of the request, at which time the applicant shall have the right to present evidence to the Council showing that he is entitled to said license. The Council shall consider all the factors required under the terms of this chapter and issue its ruling within 15 days of the date of said hearing.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment in the county jail for a period not exceeding 30 days, or both. Each day that any of the provisions of this chapter shall be violated shall constitute a separate offense.