[HISTORY: Adopted by the Village Board of
the Village of Saukville 12-17-1985 by Ord. No. 389 as Secs. 13.08, 13.09
and 13.15 of the 1985 Code. Amendments noted where applicable.]
[Amended 4-17-2001 by Ord. No. 565]
No person shall own, conduct or manage as a
commercial enterprise within the village any circus or other performance,
exhibition, theater, show, amusement, concert or musical entertainment
without first obtaining a license hereunder.
As used in this chapter, the following terms
shall have the meanings indicated:
Any single premises or location at which is located more
than nine mechanical or electronic amusement devices.
Any machine, device or game which, upon the insertion of
a coin, slug, token or similar item, permits a person or operator
to use the device as a game or contest of skill or amusement, whether
or not the device registers a score, and which is not a gambling device.
The term shall include, but not be limited to, juke boxes, electronic
or mechanical game machines, pinball machines and pool or billiard
tables.
Any single premises or location at which is located between
four and nine mechanical or electronic amusement devices.
A.
Any person maintaining, operating or permitting the
operation of a mechanical or electronic amusement device shall obtain
a license to operate such device from the Clerk, unless the premises
on which the device is maintained or operated is licensed as a minor
or major arcade.
B.
The
fee for operation of a mechanical or electronic amusement device shall
be as set by resolution of the Village Board.
[Amended 6-24-2014 by Ord. No. 748]
C.
Such license shall expire on June 30 of each year.
D.
The applicant shall submit an application for each
place where a mechanical or electronic amusement device is to be operated
stating the name or the owner of the device, the place where the device
is to be operated and such other information as may be reasonably
required. If the Clerk is satisfied that the applicant meets all the
requirements of this section, he shall issue the license. Such license
shall be conspicuously displayed on the premises at all times while
the device is operable.
A.
Any person owning or operating a premises on which between four and nine mechanical or electronic amusement devices are kept at any one time shall, in lieu of obtaining a license under § 58-3, obtain a minor arcade license for the premises which shall permit the holder thereof to operate or maintain the specified number of devices on the licensed premises.
B.
The
fee for a minor arcade license shall be as set by resolution of the
Village Board.
[Amended 6-24-2014 by Ord. No. 748]
C.
Such license shall expire on June 30 of each year.
D.
Application. The application shall contain the following
information:
(1)
Name and address of the applicant.
(2)
Name and address of person responsible for management
of the arcade, including a list of such person's qualifications, experience
and references and date, place and circumstances of conviction of
violation of any local ordinance or state or federal law directly
related to the activity proposed to be licensed.
(3)
Complete description of the premises to be licensed.
(4)
Statement of the number of devices to be kept on the
premises, describing each by make and type.
(5)
Name of owner of the machines.
(6)
Type of supervision to be provided.
(7)
A zoning permit or current zoning application, if
required by the village.
(8)
Detailed operating plan, including hours of operation
and manner of supervision to be provided.
(9)
Such other information as the Clerk may reasonably
require.
E.
If the Clerk is satisfied that the premises and management
thereof meet the requirements of this section, he shall issue a minor
arcade license to the applicant. The license shall be displayed conspicuously
on the premises at all times during which the arcade is in operation.
A.
Any person owning or operating a premises on which 10 or more mechanical or electronic amusement devices are kept at any time shall obtain for such premises a major arcade license in lieu of obtaining a license under § 58-3.
B.
The
fee for a major arcade license shall be as set by resolution of the
Village Board.
[Amended 6-24-2014 by Ord. No. 748]
C.
Such license shall expire on June 30 of each year.
D.
Application for a major arcade license shall be in writing on forms provided by the Clerk and shall contain the information required under § 58-4D above.
E.
The operating plan and any restrictions placed on
the premises under the zoning permit, if required, shall be incorporated
by reference in any arcade license or renewal thereof. No major arcade
license shall be valid until approved by the Village Board. The license
shall be conspicuously displayed on the premises at all times during
which the arcade is in operation.
A.
Premises to be safe and sanitary. No license shall
be granted for any mechanical or electronic amusement device or arcade
unless the premises:
B.
Premises to be supervised. No mechanical or electronic
amusement device or arcade license shall be granted unless the applicant
therefor shows that the premises will be adequately supervised.
C.
Orderly conduct required. The licensee shall maintain
supervision of the premises in such a manner as to ensure that no
disorderly conduct, gambling or other activity prohibited by local
ordinance or state or federal law is permitted on such premises.
D.
Department of Justice registration required. No mechanical
or electronic amusement device may lawfully be operated in the village
unless there is affixed thereto a Department of Justice AD number,
if required by law. If any device is found in the village without
such registration number, any police officer is authorized to summarily
revoke the license of the premises where the offense is committed.
E.
Offering of prizes or awards prohibited. No licensee
under this chapter shall offer, advertise, make or give any reward,
prize, money or thing of value to any person by reason of the operation
of any mechanical or electronic amusement device.
F.
Consent to inspection. An applicant for a license
under this chapter thereby consents to the entry of police or authorized
representatives of the village upon the licensed premises at all reasonable
hours for the purposes of inspection and search, and consents to removal
from the premises and introduction into evidence in prosecutions for
violations of this section all things found therein in violation of
this chapter or state law.
A.
Mechanical or electronic amusement device license.
Mechanical or electronic amusement device licenses may be transferred
from premises to premises during the license year without charge.
The holder of such license shall notify the Clerk within 10 days of
the time such transfer is made.
B.
Minor
arcade license. A minor arcade license may be transferred from one
premises to another or from the holder to another person upon application
to the Clerk and payment of a fee as set by resolution of the Village
Board. The Clerk may grant or deny such application for transfer,
and, if denied, the applicant has a right to review of such determination
under Ch. 68, Wis. Stats.
[Amended 6-24-2014 by Ord. No. 748]
C.
Major arcade license. Major arcade licenses are not
transferable.
A.
Any license issued under this chapter may be revoked for cause by the Village Board. Except for summary revocation under § 58-6D, no license shall be revoked except upon written verified complaint filed with the Village Board by a member of such body, a law enforcement officer or resident of the village. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard. The licensee shall be given notice of such hearing not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
B.
At such hearing, the licensee shall be entitled to
be represented by counsel, shall have the right to present and cross-examine
witnesses and, upon request, may have subpoenas issued by the presiding
officer to compel the attendance of witnesses.
In addition to the revocation or suspension of any license issued under this chapter and any other penalties provided in this chapter, any person who shall violate any provision of this chapter may be subject to a penalty as provided in § 1-19 of this Code.
