Village of East Troy, WI Chapter 185 Amusement Devices and Arcades

[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 9, of the 2000 Code. Amendments noted where applicable.]

§ 185-1 Purpose.

[Amended 6-15-2015 by Ord. No. 2015-02]

It is the desire of the Village to provide for the regulation and supervision of business establishments which maintain amusement devices for public use. It is the intent of this chapter to ensure that such establishments are operated in an orderly manner and that such machines are not used for illegal gambling and do not constitute a public nuisance or contribute to disturbances of the peace.

§ 185-2 Definitions.

For the purpose of this chapter, the following definitions shall apply:

AMUSEMENT ARCADE

Any establishment or location at which 15 or more amusement devices, as defined in this chapter, are maintained for public use. Amusement devices which are maintained in a private residence and which are not held out for public use do not constitute an amusement arcade under this chapter.

[Amended 1-7-2019 by Ord. No. 2019-01]

AMUSEMENT DEVICE

Any machine, whether mechanical or electronic, or other device which is held out for public use as a game of entertainment, amusement, skill or chance, whether or not a fee is charged for such play. Amusement devices include, but are not limited to, pinball machines, electronic game machines and pool tables. Amusement devices do not include gambling devices as defined in Wis. Stats. § 945.01(3).

[Amended 2-6-2017 by Ord. No. 2017-14]

GOOD MORAL CHARACTER

Conduct consistent with that of the average person with regard to reputation, citizenship, decency, honesty and respect for law and order. The following, without limitation due to enumeration herein, shall be considered to be evidence of activities inconsistent with good moral character:

A. Conviction, within five years preceding application for license or permit, of a crime involving moral turpitude.

B. Conviction of the offenses of contributing to the delinquency of minors, exposing minors to harmful materials, liquor law violations involving minors, sex offenses or sexual assaults involving minors, or offenses against the Controlled Substances Act,[1] which offenses are hereby deemed to be of special concern, affecting the health, safety and welfare of youth.

C. Being the subject of any criminal prosecution for a crime involving moral turpitude in the courts of any state or of the federal government. Nothing herein shall be construed to prevent any such person from reapplying for a license or permit under this chapter after the conclusion of said proceedings.

[Amended 6-15-2015 by Ord. No. 2015-02]

[1] Editor's Note: See Ch. 961, Wis. Stats.

§ 185-3 Amusement arcade license.

A. License required. No person, firm or corporation shall operate a business or maintain a location which constitutes, in whole or in part, an amusement arcade as defined herein without first having obtained an amusement arcade license as set forth in this chapter.

B. License fee. The license fee is included on the most recent fee schedule adopted by resolution of the Village Board. The license fee is to be paid in addition to the device permit fee for each device on the premises. License fees shall not be prorated.

[Amended 6-15-2015 by Ord. No. 2015-02]

§ 185-4 (Reserved) [1]

[1] Editor’s Note: Former § 185-4, Amusement device permit, as amended, was repealed 1-7-2019 by Ord. No. 2019-01.

§ 185-5 Exemptions.

Exempted from the provisions of this chapter shall be:

A. Educational, religious, and charitable institutions and fraternal organizations which prohibit use of games of amusement on their premises by the general public and are nonprofit organizations.

B. Those places of business and institutions which provide games of amusement for use on an occasional basis. "Occasional basis" is defined herein as no more than three times per year.[1]

[1] Editor’s Note: Former Subsection C, regarding sale of fermented malt beverages and/or liquor, which immediately followed this section, was repealed 1-7-2019 by Ord. No. 2019-01.

§ 185-6 Procedure for issuance of license or permit.

A. Application. Application for an arcade license shall be on forms provided by the Village Clerk, shall be under oath, and shall contain the following statements:

[Amended 12-16-2019 by Ord. No. 2019-18]

(1) The name and address of the applicant or agent.

(2) In case of a partnership, the names and addresses of all partners should be included.

(3) In case of a corporation, the names and addresses of all officers, directors and stockholders.

(4) In the case of clubs, associations or other organizations, the names and addresses of all officers.

(5) The name, address and specific location of the premises at which the amusement devices will be placed and operated and the name and address of the owner or owners of said premises.

(6) The number and type of machines and devices at that premises.

(7) A statement that the applicant understands and agrees to the conditions of the license or permit.

(8) Whether or not the person or persons named in the application have ever been convicted of any violation of federal, state or municipal law, other than traffic offenses, as set forth in Chs. 340 to 349, Wis. Stats.

B. Investigation. The application shall be investigated by the Chief of Police and Building Inspector, who shall report their findings and make a recommendation to the Village Clerk prior to issuance of the license or permit.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

C. (Reserved)[1]

[1] Editor’s Note: Former Subsection C, Issuance of an amusement device permit, was repealed 1-7-2019 by Ord. No. 2019-01.

D. Issuance of an amusement arcade license. If an application filed under this chapter indicates that the premises described will constitute an amusement arcade, the Village Clerk shall receive a combined fee for the amusement arcade license and the specified number of amusement devices and shall refer the application to the Village Board. The Village Board shall not issue an amusement arcade license unless it is satisfied that the applicant for such license meets the requirements set forth herein and that the issuance of such license is consistent with the purposes of this chapter. Any license granted under this chapter shall be for a period not to exceed 12 months and shall expire on June 30 of each year. Should an applicant desire to increase the number of machines permitted under the license, an amended application shall be filed with the Village Clerk along with payment of any additional fee. An amended application shall be considered in the same manner as a regular application.

[Amended 12-16-2019 by Ord. No. 2019-18]

E. Qualifications. In determining whether an applicant is qualified for a license/permit under this chapter, the following factors shall be considered:

(1) No license or permit shall be issued if the applicant, or any partner, or the principal officer or any stockholder holding more than 20% of the capital stock of the corporation if the applicant is a corporation:

(a) Is not of good moral character (as defined herein); or

(b) Is under 18 years of age.

(2) No license or permit shall be granted if the applicant fails to complete the application, if the applicant refuses to disclose any information required thereby, or if the applicant misrepresents, evades or lies with respect to any answer.

[Amended 6-15-2015 by Ord. No. 2015-02]

F. License or permit for corporations or clubs. No corporation, firm, association or club shall be granted a license or permit hereunder except through an agent thereof first duly appointed by it, who is at the time of filing the application an officer, manager or member thereof, and who shall have vested in him/her, by proper written and executed authorization, full authority and control of the premises described on the application, shall be qualified for a license or permit under Subsection E above, and shall be personally responsible for compliance with all the terms and provisions of this chapter. If such appointed agent shall, during the license/permit year, cease to be an officer, manager or member of the corporation, firm, association or club on whose behalf the license/permit was issued, a new license/permit shall be required and application therefor shall be made pursuant to the terms and provisions of this chapter. A license or permit issued to a corporation shall be voided if an unqualified person becomes a principal officer or stockholder owning 20% or more of the capital stock in the corporation. All changes in the identity of the principal officers or stockholders owning 20% or more the capital stock of a corporation shall be reported to the Village Clerk within 10 days after they occur.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

G. License or permit for partnerships. A license or permit issued to a partnership shall not be voided by withdrawal of a partner so long as one of the original partners remains. A new license or permit shall be required if a new partner becomes a member, unless he/she already holds a license or permit. All changes in the membership of a partnership must be reported to the Village Clerk within 10 days after they occur. No unqualified person may be a partner.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

§ 185-7 Conditions of license or permit.

The licensee or permittee under this chapter shall comply with the following requirements:

A. The total number of amusement devices may not exceed the maximum number specified on the permit or license at the location for which the permit or license was granted.

B. The license or permit certificate shall be displayed in a public area of the premises.

C. No amusement device covered by this chapter may be used in violation of Ch. 945, Wis. Stats.

D. There shall be constant, adequate supervision by an adult supervisor on the premises of persons using the premises, so as to prevent violation of any law or ordinance.

E. Music or noise generated by any device shall not unreasonably disturb the owners or occupiers of adjoining property, including property next to, above and below the licensed premises.

F. Premises in which amusement devices are located and used by the public shall, at all times, be kept in a clean, healthy and sanitary condition with ample approved lighting and ventilation, in accordance with Village Code requirements; operation shall at all times be in conformance with Village building and zoning codes.

G. Amusement arcade licenses and amusement device permits shall not be transferable. Upon the dissolution of the business in whose name the license or permit is issued, or in the event of the death of the license or permit holder, said license or permit shall immediately terminate. However, one amusement device may be substituted for another without permission from the Village.

[Amended 6-15-2015 by Ord. No. 2015-02]

H. There shall be no operation of amusement devices, as defined herein, without a license or permit, during suspension or after revocation.

[Amended 6-15-2015 by Ord. No. 2015-02]

I. No intoxicating liquor or fermented malt beverage may be possessed or consumed on the premises unless the premises is licensed for such purpose, nor may controlled substances, as defined in Ch. 961, Wis. Stats., be consumed on the premises.

J. No person under the age of 18 years shall be permitted on the licensed premises where the use of games of amusement is offered to the public for a fee before the hour of 3:00 p.m. on any day the East Troy public schools are in session, unless accompanied by his/her parent or legal guardian.

K. No person under the age of 18 years shall be permitted on the licensed premises where the use of games of amusement is offered to the public for a fee after the hour of 11:00 p.m. on any day, unless accompanied by his/her parent or legal guardian.

§ 185-8 Revocation of license or permit.

[Amended 6-15-2015 by Ord. No. 2015-02]

A. The Village Board of the Village of East Troy may suspend or revoke any license or permit issued pursuant to this chapter at any time, for any reasonable cause, which shall be in the best interest and good order of the Village, provided that the licensee or permittee shall be accorded due process of law. Cause for such revocation, suspension or denial shall include, without limitation for lack of reference herein, any violation of the provisions of this chapter, or other provisions of the East Troy Municipal Code, relevant to the operation of said business. A license or permit may be suspended and machines sealed by the Chief of Police or his designee whenever there is reasonable cause to believe that there is an immediate threat to the public health, safety or welfare by violation of a law or ordinance. Such suspension shall not be effective for more than 10 days without a hearing, unless agreed to by the Village and the licensee or permittee.

B. No refund shall be made of fees paid by a licensee or permittee subject to suspension or revocation.

C. Enforcement; general penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.