[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 7, Ch. 12, of the 1997 Code. Amendments noted where applicable.]
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 City Clerk-Treasurer on the
form provided by such office. An application fee as set by resolution
of the Common Council shall be paid. 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 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.
(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 City deems necessary to assist it in determining the qualifications
of the applicant for such license.
B.
Inspection. The City Clerk-Treasurer shall notify the Chief of Police
and Building Inspector of each new application for license, and these
officials 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, Fire Inspector, and Building Inspector shall furnish to
the Common Council 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 Common
Council, which shall hold a public hearing prior to the granting or
denial of any amusement arcade license. In reviewing each application,
the Common Council 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 City Clerk-Treasurer shall issue a
license upon approval of the application by the Common Council upon
the payment by the applicant of an annual license fee as set by resolution
of the Common Council. All licenses issued herein shall be for one
year ending on the 30th day of June and shall not be transferable.[2]
E.
Device license. No person, firm or corporation shall keep or operate
an amusement device without first having obtained an annual license
from the Clerk-Treasurer and paid the device license fee as set by
resolution of the Common Council. No amusement device license shall
be required for a single amusement device on the premises.[3]
The hours of operation for amusement arcades shall comply with the hours established in § 290-15A.
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,
fire code, and applicable City laws and regulations.
D.
All arcades shall post rules of nonacceptable patron conduct.
Licenses may be revoked by the Common Council 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.
