§ 10-3. Game arcades.
(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 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.
Game arcades means any premises having a primary purpose or object of existence or operation of providing games of amusement to the public at retail, operated by any individual, organization or corporation as the owner, lessee or occupant of the building. Games of amusement include, but are not limited to, game devices commonly known as baseball, football, basketball, hockey, shuffle board, ray guns, bowling games, bumper games, skee-ball, electronic video (whether coin-operated or not) and other similar devices.
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 all game arcades licensed in accordance with this article:
(1)
No arcade license shall be issued to an individual who is not of good moral character. No license shall be issued to any partnership unless each of the partners is of good moral character. No license shall be issued to any corporation unless the chief executive officer, the president, vice president, secretary, and treasurer of the corporation are of good moral character.
(2)
All game arcades shall have a supervisor on the premises at all times in which the game arcade is open to the public. This supervisor shall be at least 18 years of age and be able to provide supervision necessary to maintain proper order.
(3)
Every game arcade shall provide an adequate area and number of bicycle racks for the orderly parking of bicycles which 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.
(4)
No game arcade shall be licensed unless and until the location of the same has been approved by the village plan commission pursuant to chapter 100 of this Code.
(5)
Game arcades licensed under this article shall comply with all other building, fire codes and applicable village laws and regulations.
(6)
The following general operating requirements shall apply to the operation and maintenance of game arcades:
a.
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.
b.
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.
c.
No amusement device shall be placed in any required exit path of travel.
d.
No person registered as a student in a secondary or elementary school shall be permitted on the premises of a game arcade during the hours the person's school is in session.
e.
Game arcades shall not remain open between midnight and 9:00 a.m. of any day.
f.
The interior of a game arcade shall be clearly within view from the outside.
g.
In no event shall card playing be permitted on such licensed premises even if such card playing is for social purposes.
h.
No person, while in the premises licensed under this article, shall have in his possession any alcohol beverage unless the operator of the premises has obtained a Class "B" alcohol beverage license from the village.
(c)
Application. Application for a license to be issued under this article shall be made to the clerk on forms supplied for such purpose by the clerk. The application shall include the following 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)
Information regarding whether or not the applicant or any partner, principal officer, registered agent or supervisor has ever been denied a license to operate a game arcade and, if so, the reasons therefor; or has ever suffered the suspension or revocation of such license and the reason therefor; or has ever been convicted of a felony or misdemeanor which is substantially related to the operation of a game arcade.
(6)
Such other relevant information as is called for on the application form.
(d)
Fees. The application shall be accompanied by an application fee which shall cover the cost of processing the application and shall be nonrefundable. The annual fee for such license shall be specified in the most current village board resolution. In addition to the annual fee required to be paid by the terms of this section, each applicant for an arcade license shall pay a nonrefundable investigation fee specified in the most current village board resolution.
(e)
Procedure. Upon receipt of an application for an arcade license or a game license, the clerk shall provide a copy of the application and refer the matter to the chief of police for an investigation of the character of the individuals whose names and addresses are required to be furnished by subsection (c) of this section. The clerk shall furnish a copy of the application and refer the matter to the building inspector/zoning administrator, to determine whether the proposed business will violate any provision of the zoning code or the building code of the village. The chief of police and the building inspector/zoning administrator shall report within two weeks. The application, together with the report of the chief of police and the report of the building inspector/zoning administrator, shall be delivered to the village clerk for action.
(f)
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.
(g)
Obscene video game or coin-operated game. It shall be unlawful for any person to own, lease, operate or offer for the use of the public within the village any coin-operated amusement devices, video games, computer games or viewing machines which depict material which is obscene if considered as a whole, applying community standards, its predominate appeal is to prurient interests, that is, shameful or morbid interest in nudity, sex or excretion, and utterly without redeeming social value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters.
(h)
Persons under sixteen, school hours, posting notice. The person in charge of any video game arcade or game arcade, and the person in charge of the area of any other establishment where video games are available for use by the public, shall not permit any person under 16 years of age to remain in the arcade or area where the games are available, on school days during the hours when school is in session. The person in charge shall not use force to enforce this requirement, but the truant officer may be called. A person under 16 years of age who normally attends a private school, or school sponsored by a religious organization in lieu of the public school, may be in an arcade or in the area where games are kept, at times when the private school or school sponsored by the religious organization is not in session. Each licensee under this section shall display a sign with substantially the following wording, or with other wording giving substantially the same meaning:
NOTICE
If you are under 16 years of age, you will not be allowed to remain
in this arcade on school days during the hours
when school is in session.(i)
Denial of application. The application for a license may be denied as to a particular location within the village whenever the village board finds at a hearing, which was duly noticed that the location and physical layout of the premises and layout characteristics are such that it would be against the health, safety or general welfare of the public to permit the operation of amusement games for public use for a fee in that granting the license for the particular location:
(1)
Will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood.
(2)
Will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood.
(3)
Will cause a substantial depreciation in the value of the property in the immediate neighborhood.
(4)
Will have a substantial adverse effect upon the convenience of the immediate neighborhood.
(5)
Will be closer than 1,000 feet from the main entrance of any established public or parochial school.
(6)
Will constitute a public or private nuisance.
(7)
Is not in the best interest of the community in that it is not compatible with good planning development of the area.
(8)
Would condone the licensee's delinquency in payment of personal and real property tax.
(j)
Revocation. The village board may, following a hearing that was duly noticed, suspend or revoke any license issued pursuant to this section at any time for any reasonable cause, which shall be in the best interests and good order of the village, provided that the licensee shall be accorded due process of law.
(k)
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.
(l)
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. 810, § II, 11-20-07)