[HISTORY: Adopted by the Common Council of
the City of Montello 5-7-1984 as Title 7, Ch. 5 of the 1984 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any table, platform, mechanical or electronic 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 a coin, paper currency, 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, skiball, and 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- or currency-operated music machine or
a mechanical children's amusement riding device.
[Amended 10-24-2019[1]]
Any premises operated by any organization, whether incorporated
or not, which is the owner, lessee, or occupant of a building whose
primary purpose or the object of its existence or operation is that
of providing use of 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 use of amusement
devices to the public at retail.
[1]
Editor’s Note: This ordinance also retitled this chapter
from "Amusement Parlors" to "Amusement Games and Amusement Parlors."
A.
License required. No person, firm, or corporation
shall operate or keep an amusement parlor, as defined herein, without
having obtained and posted on the premises, in plain view, a license
to operate such parlor. Application shall be made to the Clerk-Treasurer
on the form provided by such office, accompanied by an application
fee of $50, which shall cover the cost of processing the application
and shall be nonrefundable. The application shall set forth the following
information:
(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 names and addresses of the owners of the amusement
devices to be located on the licensed premises, if such owners are
different from the applicant. 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 registered agent thereof shall be provided.
(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 additional information as the City deems necessary
to assist it in determining the qualifications of the applicant for
such license.
B.
Public hearing. The application shall be forwarded
to the Common Council, which shall hold a public hearing prior to
the granting or denial of any amusement parlor license. In reviewing
each application, the Common Council shall find that:
(1)
The establishment, maintenance, or operation of an
amusement parlor at the location requested will not be detrimental
to or endanger the public health, safety, morals, comfort, or general
welfare.
(2)
The proposed amusement parlor 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)
The establishment of the amusement parlor will not
impede the normal orderly development and improvement of the surrounding
property for uses permitted in the district.
(4)
Adequate measures have been or will be taken to maintain
good order surrounding the location thereof.
C.
Issuance of license; term. The Clerk-Treasurer shall
issue a license upon approval of the application by the Common Council
and upon the payment by the applicant of an annual license fee of
$150. All licenses issued hereunder shall be for one year ending on
the 30th day of June and shall not be transferable.
D.
All amusement devices in establishments other than amusement parlors shall be licensed annually. The fee for an amusement license shall be established annually by the License and Ordinance Committee and listed in Chapter A400, Fee Schedule. The license shall be valid for the period of July 1 through June 30 of each year.
[Added 10-24-2019]
A.
No premises for which an amusement parlor 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., except on Friday and Saturday
when the closing hours shall be between 12:00 midnight and 10:00 a.m.
B.
No premises for which an amusement parlor license
has been issued and which is less than 1,000 feet from the main entrance
of any established public or parochial school 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 such school is in regular session.
C.
For the purpose of this section, the term "public
or parochial school" shall mean any institution providing learning
facilities for Grades K through 8. The one-thousand-foot distance
shall be measured by the shortest route along the highway from the
closest point of the main entrance of such school to the main entrance
of such premises.
The following general requirements shall apply
to all amusement parlors licensed in accordance with this chapter:
A.
All amusement parlors shall have an adult supervisor
on the premises at all times in which the game room is open to the
public.
B.
Every amusement parlor 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 City laws and regulations.
Licenses may be revoked by the Common Council
after a hearing in the event that an amusement parlor's location or
operation fails to conform to standards provided in this chapter or
violates any other provision of this Code.
