[Amended 2-10-1998]
As used in this article, 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 three or more amusement devices
are located.
Any table, platform, or electronic or 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 a coin or token in a slot or otherwise. "Amusement device" shall
include, but not be limited to, devices commonly known as baseball,
foosball, basketball, hockey, pinball, shuffleboard, ray guns, bowling
games, bumper games, skeeball, electronic video games, and dart boards
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 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.
(1)
The application shall set forth the following information:
(a)
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. Such application shall include a copy of the applicant's
Wisconsin Department of Revenue seller's permit.
(b)
The names and addresses of the owners of the amusement devices
to be located on the licensed premises, if such are different from
that of 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.
(c)
A building plan of the premises to be licensed specifically
describing and otherwise showing all dimensions, indication of the
intended division of floor space, exits and entrances, the areas to
be used for amusement devices, and the common aisles.
(d)
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.
(e)
If the applicant operates other game rooms in other areas, the
names and addresses of such other licensed establishments.
(2)
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 shall notify the Chief of Police and
Director of Public Works of each new application for license, and
they 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 applicant 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 Chief of Police
and Director of Public Works 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.
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 that:
(1)
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)
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)
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)
Adequate measures have been or will be taken to maintain good order
surrounding the location thereof.
D.
Issuance of license; term. The Village Clerk 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.
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 12:00 a.m. and
8:00 a.m.
B.
No licensee or agent, supervisor or employee of the licensee shall
permit any person under the age of 18 years to remain on the premises
between the hours of 10:00 p.m. and 8:00 a.m., Sunday through Thursday,
and 11:00 p.m. and 8:00 a.m., Friday and Saturday, and 8:00 a.m. and
12:00 p.m. Sunday, unless such minor is accompanied by his/her parent
or legal guardian.
C.
No licensee or agent, supervisor or employee of the licensee shall
permit any person under the age of 18 years to be present on the premises
between the hours of 8:00 a.m. and 3:30 p.m. on a school day, which
is any day on which classes are scheduled to be held by the Stratford
School District.
The following general requirements shall apply to all amusement
arcades licensed in accordance with this article:
A.
All amusement arcades shall:
(1)
Have
a supervisor, age 18 or older, on the premises at all times in which
the game room is open to the public.
(2)
Be
located solely and entirely on the street level and have open windows
without any obstructions to prevent a clear view into the premises
from the street.
(3)
Have
two easily available, marked and useful exits to the outside.
(4)
Have
separate, clean, adequate and immediately accessible washrooms and
toilets for each sex on the licensed premises.
(5)
Have
an operational telephone installed on the premises.
(6)
Have
exterior areas adequately lighted during hours of darkness.
B.
Every amusement arcade shall provide an adequate area and number
of bicycle racks for the orderly parking of bicycles, as determined
by the Village Board, which area shall be separate from a required
vehicle parking stall and shall be so located as not to 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 nonacceptable patron conduct.
E.
During hours of operation, no entrances or exits shall be locked.
F.
No gambling shall be permitted on the premises.
G.
No alcoholic or fermented malt beverage shall be allowed on or permitted
to be brought into the premises.
H.
No person who is obviously under any degree of intoxication shall
be allowed on the premises.
I.
There shall be no pictures, movies, exhibits, or reading material
on the premises which is obscene, lewd, lascivious or indecent.
J.
Frequenters of the premises shall not be permitted to congregate
within 10 feet of the entrances and exits of said building, either
within or without the building, or congregate on the public walks
and thoroughfares adjacent to said premises, or park bicycles so as
to obstruct entrances to the premises and public walks adjacent to
the premises.
K.
There shall be no use of drugs or marijuana on the premises, and
anyone under the influence thereof shall be ejected forthwith.
L.
There shall be no use of tobacco on the premises.
M.
There shall be no live entertainment on the premises.
N.
The owner of the premises shall be responsible for the removal of
any litter found within 300 feet of the entrances to the premises.
O.
Occupancy at any given time shall be restricted to the number of
persons per square foot of floor space of the premises as determined
by the Fire Inspector. The total number of persons permitted under
this subsection shall be clearly posted at the interior of each entrance.
No person, other than the licensee (or agent of a corporate
licensee), shall assume or be permitted to assume the charge or any
supervision of an amusement enterprise without a license from the
Village Board to do so. The fee for such a license shall be as set
by the Village Board and shall expire on June 30 following its issuance.
No person shall be so licensed unless he or she is at least 18 years
of age and of good moral character.
Licenses may be revoked by the Village Board after notice and
public hearing in the event that an amusement arcade's location
or operation fails to conform to standards provided in this article
or violates any other provision of this Code.
