§ 10-2. Amusement devices.
(a)
Definitions. As used in this section, the following words, terms and phrases have the following meanings, unless the context clearly indicates that a different meaning is intended:
Amusement device means any machine, game, table or device other than a gambling machine defined by statute which is designed, intended or used as a test of skill or entertainment and may be operated by the manipulation of buttons, dials, trigger devices or electrical impulses upon the insertion of a coin or token or the use of which is made available for any valuable consideration; and such amusement device shall include, but not be limited to, devices commonly known as pinball machines, video games, electronic games, and all games or operations similar thereto under whatever name they may be indicated. Such definition does not include a bowling alley, coin-operated music machines, mechanical amusement riding devices, coin-operated vending machines or coin telephones.
Operator means any person owning, operating or leasing an amusement device installed or set up for use in the village.
(b)
General requirements. The following general requirements shall apply to operation and maintenance of amusement devices:
(1)
No amusement device shall be permitted where the reward for skill in its operation is not plainly posted upon each such machine or device or where the opportunity of a reward for skill in its operation is not the same for each individual player.
(2)
No gambling or individual wager on any amusement device shall be permitted, and if any such device provides replays, no person shall buy back replays.
(3)
No amusement device shall be placed in any required exit path of travel.
(4)
No person registered as a student in a secondary or elementary school shall be permitted to operate an amusement device during the hours the person's school is in session unless the student's presence on the premises is during a permitted school function.
(c)
Access by police officers. Any police officer may, in the discharge of his duties, enter the premises in which an amusement device is located at any time. The application for an operator's license is deemed to be a consent to such entry.
(d)
Devices on operator's premises to be licensed, fee. No operator shall set up or permit any amusement device to be set up on his premises unless such machine shall have been licensed and the license fee paid. The annual fee for such license shall be specified in the most current village board resolution. Licenses shall expire on June 30 of each year.
(e)
Applications. Applications for arcade licenses and game licenses shall be filed with the clerk, on forms to be furnished by the clerk. Such applications shall contain enough information to enable village employees and officials to process the application and make the necessary investigation, and shall contain the following specific information:
(1)
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall be given. If the applicant is a corporation, the name and address of the chief executive officer of the corporation, and the president, vice president, secretary and treasurer of the corporation shall be furnished. If a post office box is used as a mailing address, the individual's or firm's residence or business address shall be provided as well.
(2)
The address and room or store number of the location where the games are to be placed.
(3)
The number of games to be placed.
(4)
The name to be used for the business. If the games are to be located on the same premises as a restaurant, convenience store or other business, the name of the business shall be provided.
(5)
Such other relevant information as is called for on the application form.
(f)
Cancellation of license. The village clerk shall cancel the license of any licensee that repeatedly violates the terms of this section. Such cancellation may be appealed to the village board. Any licensee that has had any license canceled under this section shall not be eligible to apply for any other license under this section for a period of six months.
(g)
Coins and tokens. In devices requiring coins for operation, only United States coins shall be used. The management of any establishment may sell tokens or provide machines to sell tokens, to be used in games instead of coins. No person shall defraud any business by using any foreign coin, counterfeit coin or unauthorized token to obtain the use of a game without paying for it.
(h)
Nuisance, injunction. Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the village attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
(i)
Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the village are delinquent and unpaid, or to any person delinquent in payment of such claims to the village.
(j)
Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than $5.00, nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. No. 617, § I, 3-3-98; Ord. No. 775, § I, 10-18-05; Ord. No. 810, § I, 11-20-07)