[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 7, Ch. 12, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
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.
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 or 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, Skee-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.Â
License required. No person, firm, or corporation shall operate or
keep an amusement parlor or arcade, 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 by Village Board, which shall cover the cost of
processing the application and shall be nonrefundable. The application
shall set forth the following information:
(1)Â
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)Â
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 owners 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)Â
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)Â
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)Â
If the applicant operates other game rooms in other areas, the names
and addresses of such other licensed establishments.
(6)Â
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.Â
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:
(1)Â
That 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)Â
That 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)Â
That 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)Â
That adequate measures have been or will be taken to maintain good
order surrounding the location thereof.
C.Â
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 of as determined
by Village Board. All licenses issued herein shall be for one year
ending on the 30th day of June and shall not be transferable.
A.Â
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 10:00 p.m. and
10:00 a.m.
B.Â
No premises for which an amusement arcade 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.Â
For the purpose of this section, the term "public school or parochial
school" shall be any institution providing learning facilities for
grades kindergarten through eight (K-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
arcades licensed in accordance with this chapter:
A.Â
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.Â
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.Â
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 an amusement arcade's location or operation fails to
conform to standards provided in this chapter, or violates any other
provision of this Code of Ordinances.
