[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Title 7, Ch. 10, of the 1993
Code of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for the licensing
and regulation of amusement devices and arcades.
The following definitions shall be applicable to this chapter:
Any single premises or location at which are located 10 or
more mechanical or electronic amusement devices.
Any machine, device or game which, upon the insertion of
a coin, slug, token or similar item, permits a person or operator
to use the device as a game or contest of skill or amusement, whether
or not the device registers a score, and which is not a gambling device.
The term shall include, but not be limited to, electronic or mechanical
game machines, pinball machines and pool or billiard tables.
A.
Any person owning or operating a premises on which 10 or more mechanical
or electronic amusement devices are kept at any time shall obtain
for such premises a major arcade license. The fee for a major arcade
license shall be as set by the Village Board. Such license shall expire
on June 30 of each year.[1]
B.
The application shall contain the following information:
(1)
Name and address of the applicant.
(2)
Name and address of person responsible for management of the arcade,
including list of such person's qualifications, experience and
references, and date, place and circumstances of conviction of violation
of any local ordinance, state or federal law directly related to the
activity proposed to be licensed.
(3)
Complete description of the premises to be licensed.
(4)
Statement of the number of devices to be kept on the premises, describing
each by make and type.
(5)
Name of owner of the machines.
(6)
Type of supervision to be provided.
(7)
A zoning permit or current zoning application, if required by the
Zoning Administrator.
(8)
Detailed operating plan, including hours of operation and manner
of supervision to be provided.
(9)
Such other information as the Village Administrator-Clerk/Treasurer
may reasonably require.
C.
If the Village Administrator-Clerk/Treasurer is satisfied that the
premises and management thereof meet the requirements of this section,
he shall issue a major arcade license to the applicant. The applicant
shall display such license conspicuously on the premises at all times
during which the arcade is in operation.[2]
A.
Premises to be safe and sanitary. No license shall be granted for
any mechanical or electronic amusement device or arcade unless the
premises complies with all fire and building code requirements of
the Village and the state provides adequate room for operation of
the devices without blocking access and is an otherwise safe and sanitary
environment.
B.
Premises to be supervised. No mechanical or electronic amusement
device or arcade license shall be granted unless the applicant therefor
shows that the premises will be adequately supervised.
C.
Orderly conduct required. The licensee shall maintain supervision
of the premises in such a manner as to ensure that no disorderly conduct,
gambling or other activity prohibited by local ordinance, state or
federal law is permitted on such premises.
D.
Department of Justice registration required. No mechanical or electronic
amusement device may lawfully be operated in the Village unless there
is affixed thereto a Department of Justice identification number,
if required by law. If any device is found in the Village without
such registration number, any police officer is authorized to summarily
revoke the license of the premises where the offense is committed.
E.
Offering of prizes or awards prohibited. No licensee under this section
shall offer, advertise, make or give any reward, prize, money or thing
of value to any person by reason of the operation of any mechanical
or electronic amusement device.
F.
Consent to inspection. An applicant for a license under this chapter
thereby consents to the entry of police or authorized representatives
of the Village upon the licensed premises at all reasonable hours
for the purposes of inspection and search, and consents to removal
from the premises and introduction into evidence in prosecutions for
violations of this section all things found therein in violation of
this section or state law.
G.
Transferability of licenses. Major arcade licenses are not transferable.
A.
Any license issued under this chapter may be revoked for cause by the Village Board. Except for summary revocation under § 167-4D, no license shall be revoked except upon written verified complaint filed with the Village Board by a member of such body, a law enforcement officer or resident of the Village. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard. The licensee shall be given notice of such hearing not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
B.
At such hearing, the licensee shall be entitled to be represented
by counsel, shall have the right to present and cross-examine witnesses
and, upon request, may have subpoenas issued by the presiding officer
to compel the attendance of witnesses.
