[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 7, Ch. 5 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Minors — See Ch. 297.
As used in this chapter, the following terms
shall have the meanings indicated:
Any premises or arcade operated by any organization, whether
incorporated or not, which is the owner, lessee or occupant of a building
whose primary purpose or object of its existence or operation is that
of providing amusement devices to the public at retail and/or any
premises operated by any organization, whether incorporated or not,
which is the owner, lessee or occupant of a building the majority
of whose gross receipts are derived from the providing of amusement
devices to the public at retail or where six or more amusement devices
are located.
Any table, platform, mechanical device, or apparatus operated
or intended to be operated for amusement, pleasure, test of skill,
competition or sport, the use or operation of which is conditioned
upon payment of a consideration either by insertion of coin or token
in a slot or otherwise. Such amusement device shall include, but not
be limited to, devices commonly known as baseball, football, basketball,
hockey, pinball, shuffleboard, ray guns, bowling games, bumper games,
ski-ball, electronic video games, and shall also include billiard
tables and pool tables (whether coin-operated or not). Such definition
does not include a bowling alley, jukebox or other coin-operated music
machine or a mechanical children's amusement riding device.
A.
License required. No person, firm or corporation shall
operate or keep an amusement arcade, as defined herein, without having
obtained and posted on the premises, in plain view, a license to operate
such arcade. Application shall be made to the Village Clerk/Treasurer
on the form provided by such office, accompanied by an application
fee as set by the Village Board which shall cover the cost of processing
the application and shall be nonrefundable. The application shall
set forth the following information:[1]
(1)
The name and address of the applicant or, if a partnership,
the name and addresses of all the partners or, if a corporation, the
names and addresses of the principal officers and registered agent
thereof, and the name and address of the person who will supervise
the game room.
(2)
The name and addresses of the owners of the amusement
devices to be located on the licensed premises, if such owners are
different from the applicants, and if the owner of the amusement devices
is a partnership, the names and addresses of all the partners or,
if a corporation, the names and addresses of the principal officers
and the registered agent thereof.
(3)
A building plan of the premises to be licensed specifically
describing and otherwise showing all dimensions, indicating the intended
division of floor space, exits and entrances, the areas to be used
for amusement devices, and the common aisles.
(4)
A site plan of the premises to be licensed, which
shall include the proposed landscaping for the subject premises and
all the improvements, parking and driveway areas, and landscaping
located on property adjacent to and within 20 feet of the property
lines of the premises to be licensed.
(5)
If the applicant operates other game rooms in other
areas, the names and addresses of such other licensed establishments.
(6)
Such application shall also contain such additional
information as the Village deems necessary to assist it in determining
the qualifications of the applicant for such license.
B.
Inspection. The Village Clerk/Treasurer shall notify
the Building Inspector or law enforcement officer of each new application
for license, and he shall inspect or cause to be inspected each application
and the premises, together with such other investigation as shall
be necessary to determine whether the application and the premises
sought to be licensed comply with the regulations, ordinances and
laws applicable thereto, including those governing sanitation in restaurants,
and whether the applicant is a proper recipient of a license. The
law enforcement officer shall furnish to the Village Board, in writing,
the information derived from such investigation, accompanied by a
recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.[2]
C.
Public hearing. The application shall be forwarded
to the Village Board, which shall hold a public hearing prior to the
granting or denial of any amusement arcade license. In reviewing each
application, the Village Board shall find:
(1)
That the establishment, maintenance or operation of
an amusement arcade at the location requested will not be detrimental
to or endanger the public health, safety, morals, comfort or general
welfare.
(2)
That the proposed amusement arcade will not be injurious
to the use and enjoyment of other property in the immediate vicinity
for the purpose already permitted, nor substantially diminish and
impair property values within the neighborhood.
(3)
That the establishment of the amusement arcade will
not impede the normal orderly development and improvement of the surrounding
property for uses permitted in the district.
(4)
That adequate measures have been or will be taken
to maintain good order surrounding the location thereof.
D.
Issuance of license; term. The Village Clerk/Treasurer
shall issue a license upon approval of the application by the Village
Board and upon the payment by the applicant of an annual license fee
as set by the Village Board. All licenses issued herein shall be for
one year ending on the 30th day of June and shall not be transferable.[3]
A.
No premises for which an amusement arcade license
has been issued shall be permitted to remain open for the offering
of electronic amusement devices to the public at retail between the
hours of 10:00 p.m. and 10:00 a.m.
B.
No premises for which an amusement arcade license
has been issued shall be permitted to remain open for the offering
of amusement devices to the public at retail between the hours of
10:00 p.m. and 3:00 p.m. on any day in which school is in regular
session.
The following general requirements shall apply
to all amusement arcades licensed in accordance with this chapter:
A.
All amusement arcades shall have an adult supervisor
on the premises at all times in which the game room is open to the
public.
B.
Every amusement arcade shall provide an adequate area
and number of bicycle racks for the orderly parking of bicycles, which
area shall be separate from a required vehicle parking stall and shall
be so located as to not occupy any portion of a public sidewalk or
to otherwise obstruct pedestrian passage to and from the premises.
C.
Game rooms licensed herein shall comply with all other
building and fire codes and applicable Village laws and regulations.
D.
All arcades shall post rules of unacceptable patron
conduct.
Licenses may be revoked by the Village Board
after notice and public hearing in the event an amusement arcade's
location or operation fails to conform to standards provided in this
chapter or violates any other provision of this Code.
