No person, firm or corporation shall, within the Village of Shorewood, operate a business offering to the public an opportunity to use games of amusement without first having procured a license so to do as provided in this article. A license shall be required for each stand, place, room or enclosure, except that one license may be granted for an entire premises where the rooms or enclosures are in direct connection or communication or contiguous to each other and under the control and in the possession of the licensee and operated by the licensee as one premises.
"Games of amusement" shall include, but not be limited to, video machines, pinball, foosball, or bowling machines, darts, electronic dart ball, pool, billiards, and other similar amusement devices or games of skill which the public is invited to use or operate for a fee.
An application for a license shall be filed with the Village Clerk on forms to be furnished by the Clerk, which forms shall require the following information:
A. Name and address of applicant. In the case of a partnership, the names and addresses of all partners should be included. In the case of a corporation, the names and addresses of all officers, directors and stockholders should be included. In the case of clubs, associations or other organizations, the names and addresses of all officers should be included.
B. Whether or not the person or persons named in the application have ever been convicted of any violation of federal, state or municipal law.
C. The location of the premises to be licensed and the name and address of the owner or owners of said premises.
D. The number of games, machines, tables, or amusement devices to be located to be licensed.
An annual license fee as provided by the Village Fee Schedule for each game, machine, table or amusement device provided by the licensee of the premises for use or operation by the public shall be paid to the Village by said licensee. Each game, machine, table or amusement device under current license shall be tagged to verify current licensing. Only those games, machines, tables or amusement devices which are offered to the public to use for a fee need be so tagged. The verification tag shall be furnished to the operator by the Village. Licenses shall be issued annually commencing on July 1 and terminating on June 30 of the succeeding year unless sooner revoked. License fees shall not be prorated.
The application for a license may be denied as to a particular location within the Village whenever the Village Board finds that the location and physical layout of the premises and the 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:
A. Will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood;
B. Will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood;
C. Will cause a substantial depreciation in the value of the property in the immediate neighborhood;
D. Will have a substantial adverse effect upon the convenience of the immediate neighborhood;
E. Will constitute a public or private nuisance; or
F. Is not in the best interest of the community in that it is not compatible with good planning development of the area.
The Village Board of the Village of Shorewood may suspend or revoke any license issued pursuant to this article, 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.
No license shall be granted to any person, firm or corporation to operate a business offering to the public an opportunity to use games of amusement for a fee which is located within 300 feet from the boundary of a parcel of real estate having situated on it a school, church, public library, park or public playground; provided, however, that any duly issued license for the operation of a business which offers use of games of amusement to the public for a fee in force as of the effective date of this article will be continued from year to year upon payment of the required annual license fee and upon compliance with all other provisions of this article. However, any change in ownership of a licensed business offering the use of games of amusement to the public for a fee or any change of location of said business within the Village will remove said business operation from this exception. "Change in ownership" in the case of a partnership or corporation, for the purpose of this section, means more than a fifty-percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the effective date of this article.
Exempted from the provisions of this article shall be:
A. Educational, religious and charitable institutions and fraternal organizations which prohibit use of games of amusement on their premises by the general public and are nonprofit organizations.
B. Those places of business and institutions which provide games of amusement for use on an occasional basis. "Occasional basis" is defined herein as no more than three times per year.
C. Class B licensed premises which offer the use of fewer than five games of amusement.