[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 7, Ch. 9, of the 1994 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 a coin or token
in a slot or otherwise. "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-operated music
machine or a mechanical children's amusement riding device.
Any premises 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 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.
No person, firm, or corporation shall operate or place or keep
or have in his or her possession any amusement device, as herein defined,
without having obtained and posted on the premises, in plain view,
a license to operate such a device. Application shall be made to the
Village Clerk/Treasurer on a form provided by such officer, which
form shall state the applicant's name, trade name of business,
and location of proposed amusement device. The annual amusement device
license fee shall be as determined in the Village Fee Schedule.
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 Village Clerk/Treasurer on
the form provided by such office, accompanied by an application fee
as determined in the Village Fee Schedule, 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 names
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.
(b)
The names and addresses of the owners of the amusement devices to
be located on the licensed premises, if such owners are different
from that of the applicant. If the owners of the amusement devices
are 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, indicating 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.
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 parlor license. In reviewing each application, the
Village Board 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
employment 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 Village Clerk/Treasurer shall issue
a license upon approval of the application by the Village Board, upon
the payment by the applicant of an annual license fee as specified
in the Village Fee Schedule. 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 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 a.m. and 3:00 p.m. on any day in which such school
is in regular session.
C.
For the purposes 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 not to occupy any portion of a public sidewalk or to otherwise
obstruct pedestrian passage to and from the premises.
C.
Parking shall be provided at a paved off-street parking area sufficient
in size to provide parking at the ratio of one parking space for each
100 square feet of gross floor area, or fraction thereof, for each
amusement parlor.
D.
Game rooms licensed herein shall comply with all other building,
fire code and applicable Village laws and regulations.
Licenses may be revoked by the Village Board 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.
