[HISTORY: Adopted by the City Council of the City of Mendota as Ch. 31, §§ 31.21 and 31.22, and Ch. 33 of the 1998 Code. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 110.
No sale or consumption of alcoholic beverages shall be permitted on amusement premises unless individuals using said arcade premises are over the age of 21 years of age. If said arcade is located within an establishment that is licensed to sell alcoholic liquor and minors are to be permitted to use the arcade area, a separate room may be used for the arcade with no access between the liquor establishment area and the arcade area. The means of ingress and egress between the area permitting alcoholic beverages and the arcade must be completely sealed to prevent access, and no liquor may be sold or consumed in the arcade area.
The application process for securing an arcade license shall set forth whether the license shall permit alcoholic beverages being sold or consumed within the arcade area or whether the arcade area is to be free of alcoholic beverages. Once established by said license, the usage may not be changed without amendment of the license granted to the amusement owner or operator.
Students; school hours; posting notice. The person in charge of any business holding a license for billiards, pool tables, arcades, or coin-operated amusement devices shall not permit any person who is an enrolled high school student or enrolled junior high school student to remain in the business establishment, on school days, during the hours when school is in session, or any child under the age of 12 years old to be present after 8:00 p.m. on school nights. The person in charge shall not use force to enforce this requirement. An enrolled high school student or enrolled junior high school student who normally attends a private school or a school sponsored by a religious organization in lieu of the public school may be in the business establishment at times when the private school or school sponsored by the religious organization is not in session.
Each licensee shall display a sign with substantially the following wording, or with other wording giving substantially the same meaning:
Cancellation of license. The Mayor shall cancel the license of any licensee that repeatedly violates the terms of this article. Such cancellation may be appealed to the City Council. Any licensee that has had any license cancelled under this article shall not be eligible to apply for any other license under this article for a period of six months.
Penalty. Any person, firm, corporation, club or association convicted of violating the terms of this article above shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
The provisions of this article, except as to licensing and fees, shall apply to all public shows, theatricals, circuses and other amusements in the City, whether specifically licensed in another chapter of this Code or not.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- AMUSEMENT ARCADE
- The operation by any person, firm, partnership or corporation of seven or more coin-operated amusement devices, for public use, or upon premises where the primary source of business is the operation of coin-operated amusement devices.
- COIN-OPERATED AMUSEMENT DEVICE
- Any amusement or video amusement machine or device operated
by means of the insertion of a coin, token or similar object or which
is rented on a time basis, for the purpose of amusement or skill and
for the playing of which a fee is charged. This term does not include
vending or health machines in which do not incorporate gaming or amusement
features, nor video gaming terminals operated pursuant to the Video
Gaming Act, 230 ILCS 40/1 et seq. ("the Act"), nor does the term include
any coin-operated mechanical musical devices (otherwise known as "juke
boxes"). The term shall also not include those devices licensed as
billiard or pool tables. Nothing herein shall be construed to permit
the use of any device prohibited by law or the use of any device in
any manner prohibited by law.[Amended by Ord. No. 05-21-12; Ord. No. 06-04-12]
- Any person, firm, corporation, partnership or association
who or which sets up for operation by another, or leases or distributes
for the purpose of operation by another, any amusement device as herein
defined, whether such setting up for operation, leasing or distributing
be for a fixed charge or rental, or on the basis of a division of
the income derived from such device, or otherwise. A distributor shall
also include any person, firm, corporation, partnership or association
who or which owns and operates for his or its own use more than one
amusement device. A distributor shall not be defined to include an
individual business or proprietor who leases, rents, or shares in
a division of the income derived from an amusement device, which such
device is owned by another who is classified as a distributor within
the terms of this article. Further, a distributor shall not be defined
as licensed under the Video Gaming Act, 230 ILCS 40/1 et seq., to
buy, sell, lease, or distribute video gaming terminals or major components
or parts of video gaming terminals to or from terminal operators.[Amended by Ord. No. 05-21-12; Ord. No. 06-04-12]
Coin-operated amusement devices.
No person shall operate or maintain a coin-operated amusement device within the City of Mendota without first having obtained a license therefor. Licenses shall be issued upon payment of the license fee set forth herein. The application for such license shall contain the following information:
Name, address, telephone number and state sales or occupational tax number of the licensee.
Type of primary business conducted by licensee.
Name, address and telephone number of the owner, partners, or officers of the proprietorship, partnership or corporation licensee.
The number of amusement devices to be licensed, the denomination of coin used to operate said devices and the name and address of the owner or supplier of said device or devices.
A sworn statement that the licensee, its owners, partners or officers have never been convicted of or pleaded no contest to a crime of moral turpitude, or have never been convicted of a felony, or unsuccessfully defended in a criminal or civil proceeding charging fraud, misrepresentation or unscrupulous business conduct.
No such license shall be issued until the Chief or Police or his deputies have investigated the location wherein the machines or devices are proposed to be operated and have determined that the proposed operation of the machines or devices complies with all the terms of this and other ordinances of the City.
No license shall be issued to any person authorizing the use of more than six coin-operated amusement machines or devices in any one location, unless such is categorized as an arcade.
The operation of coin-operated amusement devices may not be the principal or primary business in any such location, and their use must be secondary or incidental to the main or principal occupation or business being conducted or to be conducted by the licensee in or upon said establishment.
No licensed coin-operated amusement device may award more than 10 free replays at any time.
No licensed coin-operated amusement device may be equipped with a "knock-off" button or switch allowing for the automatic termination of accumulated free plays.
License fee. The annual license fee for each coin-operated amusement device shall be set from time to time by the City Council, payable upon application for the license. The license for any such coin-operated amusement machine may be transferred from one coin-operated amusement device to another coin-operated amusement device, provided such coin-operated amusement devices are of a similar nature, upon filing a transfer record and payment of a transfer fee as set from time to time by the City Council. Upon filing such transfer and payment of such transfer fee, the City Clerk shall issue a new license. Said license fee may be prorated for fractional periods of the calendar year.
Display of license. The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the premises wherein the machines or devices are to be operated or maintained.
Gambling. No coin-operated amusement device shall be operated or permitted to be used in such a manner as to violate the gambling laws of the City or of the State of Illinois.
License required. It shall be unlawful for any person, firm, partnership or corporation to permit the operation of any amusement arcade on any premises within the City, unless a license first has been obtained for the amusement arcade.
Nuisance. No coin-operated amusement device or coin-operated musical device shall be operated within an amusement arcade so as to constitute a nuisance.
Sworn application. An amusement arcade license shall be issued only upon payment of the state fee, and a sworn application by the person, firm, partnership or corporation seeking the license. In case the applicant is a partnership, all partners must sign and verify the application. In case the applicant is a corporation, all officers must sign and verify the application and indicate their official position. The information required in the application form must be furnished as to each person signing the application.
Each application shall contain the following information:
The applicant's full name.
The applicant's residence address.
The applicant's business address.
The address of the proposed amusement arcade.
The sales or occupational tax number of the licensee.
The name and address of every person who has any interest in the amusement arcade, and the nature of that interest.
Whether or not the applicant has been convicted of any felony, or of pandering, gambling, operating a gambling device, operating a gaming house or being a keeper of a place of prostitution, or other misdemeanor.
Whether or not the applicant, or his or her spouse, or any member of the applicant's household is a member or employee of the Police Department of the City of Mendota; whether or not any member or employee of the Police Department of the City of Mendota is interested in any way, either directly or indirectly, in the license applied for, the devices, or the operation of the same; and whether or not the applicant has received or borrowed money or anything else of value or accepted credit from any member or employee of said Police Department, or the spouse or any member of the household of any such member or employee.
A statement that the applicant, if requested by the Mayor, will permit a record of his fingerprints to be made by the Police Department of the City of Mendota for the purpose of additional investigation to determine whether or not the application should be granted.
Such application shall be filed with the City Clerk of the City of Mendota and forwarded by him to the City Council for consideration. A person, firm, partnership or corporation making application for an amusement arcade operator's license in the manner set forth herein shall be issued a license by the City Clerk upon approval of the application by the City Council. All applications for licenses required by this article shall be submitted to the City Council, which shall have the power to grant or refuse any such licenses.
Police investigation. No license shall be issued until the Chief of Police or his deputies have investigated the location wherein the machines or devices are proposed to be operated and have determined that the proposed operation of machines or devices complies with all the terms of this and other ordinances of the City of Mendota.
Prohibited machines. No licensed coin-operated amusement device may award more than 10 free replays at any time or be equipped with a "knock-off" button or switch allowing for the automatic termination of accumulated free plays.
Gambling. No amusement arcade license shall be issued to any person who has been convicted of conducting gambling activities or to any corporation or partnership, a member or principal shareholder of which has been convicted of conducting gambling activities. No gambling activities shall be conducted on the premises of amusement arcades licensed under this article.
Attendant on duty. There shall be provided a full-time attendant, over the age of 21 years, upon the premises of an amusement arcade during the normal business hours.
Duration. The amusement arcade's license shall be for a twelve-month period corresponding with the City of Mendota's fiscal year commencing May 1.
License fee. The amusement arcade operator's license fee shall be set from time to time by the City Council. In addition to the amusement arcade operator's license fee, there is hereby imposed on every coin-operated amusement device within the amusement arcade a sum as set from time to time by the City Council for every transfer of or replacement of any such machines. No proration of the annual license fee shall be made for periods of operation less than one year.
Privilege. The license required and described in this article shall be a purely personal privilege and shall not constitute property. It is not transferable in any manner.
Posting of license. Every amusement arcade licensed under this article shall have its license posted on the premises in plain view.
Revocation. The Mayor shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this article.
No alcoholic beverages. No sale or consumption of alcoholic beverages shall be permitted on the amusement premises.
It shall be unlawful for any person, firm, corporation, partnership or association to distribute or cause to be distributed any amusement device within the municipal limits of the City without first having obtained a distributor's license.
Application for a distributor's license shall be made to the City Clerk and shall set forth the full name and address of the applicant or applicants, or the names and addresses of the partners if the applicant is a partnership or the names and addresses of the officers of the corporation if the applicant is a corporation, and the present or last occupation of the applicant at the time of the filing of the application. The application shall be signed by the applicant.
The application for a distributor's license shall be referred by the City Clerk to the Committee on Finance, Ordinance, Building and Zoning of the City Council, and said Committee shall investigate the applicant and shall make its report and recommendation on the application to the Mayor.
Each application for a distributor's license issued hereunder shall be accompanied by an annual fee as set from time to time by the City Council, and said fee shall be paid to the City Clerk at the time application is made.
A distributor's license shall be issued for the period May 1 to April 30, inclusive, of each year.
Upon approval of the application for a distributor's license by the Mayor, with the consent and approval of the City Council, the distributor's license shall be issued.
The distributor's license may be issued for any fractional portion of a license year of not less than one month, and the distributor's license fee shall be prorated accordingly. Said distributor's license shall not be assignable or transferable, and there shall be no rebate on any distributor's license which is terminated before the end of the license period.
Any distributor's license issued under this subsection shall be subject to revocation or suspension for violation of any ordinance of the City or just cause by the Mayor with the consent and approval of the City Council. The licensee shall first, however, be given an opportunity to be heard after due notice, and a determination shall be made. The acceptance of any license under this subsection shall constitute an agreement between the parties to such license that the same may be so revoked.
It shall be unlawful for any person, firm, corporation, partnership or association to violate any provision of this article.
Further, a distributor shall not be defined as licensed under the Video Gaming Act, 230 ILCS 40/1 et seq., to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.
[Added by Ord. No. 05-21-12; amended by Ord. No. 06-04-12]
[Added by Ord. No. 05-21-12; amended by Ord. No. 06-04-12]
Participants in any of the following activities shall not be convicted of gambling:
Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law; or the manufacture, distribution or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors and terminal operators licensed to do so under the Video Gaming Act.
Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
Imposition of annual fee. Commencing upon adoption of this subsection, an annual fee as set from time to time by the City Council is hereby imposed upon each video gaming terminal operated by a licensed establishment, licensed fraternal establishment, licensed veterans establishment or licensed truck stop establishment within the City of Mendota in accordance with the provisions of the Illinois Video Gaming Act, 230 ILCS 40/1 et seq. (the "Act"). The fee paid for each video gaming terminal shall be for the fiscal year May 1 through April 30, and any fee paid during a fiscal year shall apply until the end of the fiscal year in which paid. Any continuing operation of a video gaming terminal shall require the payment of a new annual fee on or before May 1 of each year for the ensuing fiscal year.
Application for permit. Every licensee shall make application to the City Clerk's office for a permit, and shall pay the annual fee for each video gaming terminal operated. The application shall designate the name of the licensee, the location of the licensed establishment operating the video gaming terminal, the number of video gaming terminals operated at that location, and shall include a copy of the license issued by the State of Illinois for the operation of the video gaming terminal. No permit shall be issued to any person whose video gaming terminal is not licensed by the State of Illinois for the location for which the permit is sought.
Play by minors prohibited; penalties. No person under the age of 21 years shall be permitted to use or play a video gaming terminal, and any licensee who shall permit a person under the age of 21 years to use or play a video gaming terminal shall be subject to fine or have his or her licenses issued under this article suspended or revoked.
Penalty for violation. Any person, firm or corporation violating the provisions of this subsection by operation of a video gaming terminal without having obtained the permit and paid the annual fee therefor, or by operating a video gaming terminal in violation of any provision of this subsection, shall be guilty of a petty offense, and shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code, and the license or licenses shall be subject to suspension or revocation as herein provided. Each day that a video gaming terminal is operated in violation of this subsection shall constitute a separate offense.
Inspection of records. Each licensee shall permit the inspection of the books and records of the licensee pertaining to and reflecting operation of each video gaming terminal of the licensee at the request of any law enforcement officer of the City or the State of Illinois at all reasonable times.
The audience of any amusement, show or theatrical must be orderly and quiet at all times, and it shall be unlawful for any person attending such amusement, show or theatrical to create a disturbance in the audience. It shall be unlawful to permit or gather such a crowd to witness any amusement or show so as to create a dangerous condition because of fire or other risks.
It shall be the duty of the Chief of Police to see that every exhibition, amusement, theatrical or other public show or amusement is inspected by a member of the Police Department, and to ensure conformity with the provisions concerning such amusements.
It shall be unlawful for any person to present, exhibit, conduct or take part in any indecent show, theatrical, play, motion picture, exhibition or other form of public amusement or show.
It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- NET PROCEEDS
- The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.
- A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012 (720 ILCS 5/28-2), conducted by an organization licensed under 230 ILCS 15/2, in which:
- (1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some medium, one or more of which chances is to be designated the winning chance;
- (2) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
License required. It shall be unlawful for any person, firm or corporation to conduct raffles without having first obtained a license therefor pursuant to this section. The license and application for license shall specify the area or areas within the City of Mendota in which the raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined. The license application submitted to the City must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization.
Licenses issued. Licenses shall be issued to bona fide religious, charitable, labor, fraternal, educational or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objectives, or to a nonprofit fund-raising organization that the licensing authority determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster.
Sale of raffle. The sale of raffle chances shall be conducted only within the borders of the City.
Restrictions on raffles.
The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
No person may receive any remuneration or profit for participating in the management or operation of the raffle.
A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this section.
Raffle chances may be sold or issued only within the area specified on the license, and winning chances may be determined only at those locations specified on the license.
No person under the age of 18 years may participate in the conducting of raffles. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his parent or guardian.
Gross receipts. Each organization licensed to conduct raffles shall segregate its gross receipts from other revenues of the organization and shall keep records of said gross receipts, expenses and net proceeds and may be required to file the same with the City of Mendota.
The following are ineligible for any license:
Any person who has been convicted of a felony.
Any person who has been a professional gambler or gambling promoter.
Any person who is not of good moral character.
Suspension and revocation of license.
Violation of any provision of this section or of 230 ILCS 15/1 through 15/8 shall constitute a Class C misdemeanor. In addition, the City may suspend or revoke any license granted hereunder.
Any person, firm or corporation conducting raffles shall comply with all of the provisions of 230 ILCS 15/1 through 15/8, as amended from time to time.