[HISTORY: Adopted by the Board of Trustees of the Village of Spring
Valley 12-7-1970 as Ch. 3, Art. I, of the 1970 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A facility where moving images are displayed by means of film or
electronics to the public for a fee.
A facility where live performances are displayed to the public for
a fee.
[Amended 12-20-1977 by L.L. No. 18-1977; 8-7-1979 by L.L. No. 6-1979;
3-28-1989 by L.L. No. 1-1989[1]]
The pursuit of any of the following occupations or businesses without obtaining a license from the Village Clerk and paying the license fee specified in Chapter 118, Fees, is prohibited:
A.
License required; fee. No person shall operate what is commonly known as a miniature golf course within the corporate limits of the village without obtaining a license from the Village Clerk and paying therefor the fee for places of amusement as provided in Chapter 118, Fees, said fee to be paid in advance.[1]
B.
Location restricted. No such miniature golf course shall
be constructed within one thousand (1,000) feet of any church, school, hospital
or public library, nor in any residential zone.
C.
Hours of operation. No such miniature golf course shall
operate before 6:00 a.m. or after 12:00 midnight, said hours to be determined
by standard or daylight saving time, whichever is in effect.
[Amended 12-20-1977 by L.L.
No. 18-1977; 8-7-1979 by L.L.
No. 6-1979; 1-6-1981 by L.L.
No. 1-1981]
A.
License required. It shall be unlawful for any person
to have in his possession or under his management and/or control or who allows
to be placed, maintained or kept in any room, space, enclosure or building
owned, leased or occupied by him or who permits the same to be placed outside
of the premises owned, leased or occupied and to be placed on any sidewalk
or property owned, leased or maintained by the Village of Spring Valley any
newspaper, magazine or periodical vending machine, any food or beverage vending
machine, any cigarette vending machine, any jukebox, any coin-operated game
of skill or amusement, any coin-operated video game or any machine commonly
known as a "pinball machine," unless with respect to any machine, game or
jukebox kept on the inside of the premises as so enumerated herein, a license
is obtained and the appropriate fee paid to the Village of Spring Valley for
the current approval year. With respect to any machine placed on the outside
of the premises or any sidewalk or property owned, leased or maintained by
the Village of Spring Valley, unless an application is made to the Village
Board of Trustees, whose approval shall be required, a license issued and
the appropriate fee paid to the Village of Spring Valley for the current approval
year.
B.
Validity of license. The license issued shall be good
to December 31 of each year unless sooner terminated and shall be extended
annually thereafter upon payment of the fee paid for the new year. With respect
to machines placed outside of the premises or on a sidewalk or property leased
or maintained by the Village of Spring Valley, the same terms shall apply
except that the license shall be extended annually thereafter by the Village
Board of Trustees pursuant to the procedure for original applications.
C.
License not required. A license shall not be required
for any such machine placed, maintained or kept in a private residence if
such machine is owned by occupants thereof and not used for business or profit
or if said machine or machines are stored or warehoused and not in use or
operation.
D.
E.
Exception to encroachment. If any vending machine enumerated in Subsection A is placed on any sidewalk of the Village of Spring Valley, said machine shall be not be considered an article or thing so as to come within the prohibition of Chapter 229, Streets and Sidewalks, § 229-10, Encroachments generally, of the Code of the Village of Spring Valley.
F.
Application.
(1)
An application for a permit to be placed on the outside
of the premises or on a sidewalk shall be made, in writing, to the Village
Board of Trustees, upon such form as provided by it, and shall provide for
the name and address of the applicant, the proposed specific location, the
name of the owner or lessee of the property where the machine will be placed,
the type of machine to be used, the dimensions of said machine and the product
to be sold.
(2)
The application shall be accompanied by the proposed
fee and shall also be accompanied by a liability policy naming the Village
of Spring Valley as an additional assured in the minimum sum of one million
dollars/three million dollars ($1,000,000./$3,000,000.), indemnifying the
Village of Spring Valley from all losses occurring through the construction,
installation and maintenance of said machine.[2]
(3)
In addition, no permit shall be issued unless the applicant
or any other person, organization, firm or corporation on whose behalf the
application is made shall agree, in writing, to jointly and severally defend,
indemnify and hold the Village of Spring Valley harmless against liability
for any and all claims for damage to property or injury to or death of persons
arising out of or resulting from the issuance of the permit or control, maintenance
or ownership of the machine permitted.
G.
Consideration for approval or denial. The Village Board
of Trustees, in considering whether to approve or reject an application, shall
consider the following facts in addition to other matters brought to the Board's
attention:
(1)
The applicant must be an owner, lessee or one in possession
and/or control of the machine.
(2)
The size of the machine.
(3)
The distance located from any fire hydrant, fire call
boxes, police call boxes or any other emergency facility.
(4)
That the applicant has obtained a liability policy naming
the Village of Spring Valley as an additional assured in the sum of one million
dollars/three million dollars ($1,000,000./$3,000,000.), indemnifying the
village against all loss, liability or property damage which may result from
the construction or maintenance of said machine.[3]
H.
Rejection by the Village Board of Trustees. The Village
Board of Trustees, upon rejection of any application, shall state reasons
for said rejection, and the applicant, upon request, shall be afforded an
opportunity to appear before the Village Board of Trustees to contest said
rejection and question any evidence that the Board of Trustees considered
in rejecting the application.
I.
Cleanliness. Each person to whom a permit is issued,
pursuant to the provisions of this chapter, shall keep the sidewalk or area
in the immediate vicinity of his machine clean and free from refuse matter.
In the event of snow or ice, the permit holder shall be required to keep the
property in the immediate area of his machine clean and free from such hazard.
J.
Standards for machines outside the premises.
(1)
Permits may be issued for the installation of said machine
without prior inspection of the location.
(2)
No machine shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase of the
product sold therein.
(3)
Each machine shall have affixed to it, in a readily visible
place, a notice setting forth the name, address and telephone number to call
to report a malfunction, to secure a refund or to give notices as provided
in this chapter.
(4)
Each machine shall be maintained in a neat and clean
condition and in good repair at all times.
(5)
No machine shall be permitted to rest upon, in or over
any public sidewalk when such installation, use or maintenance:
(a)
Endangers the safety of persons or property.
(b)
Unreasonably interferes with or impedes the flow of pedestrians
or vehicular traffic, including any legally parked or stopped vehicle.
(c)
Unreasonably interferes with the ingress or egress from
any residence or place of business.
(d)
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
(6)
A machine shall be chained or otherwise secured so as
to prevent its being blown down or around the public right-of-way.
(7)
Machines may be placed next to each other, provided that
no group of machines shall extend for a distance of more than four (4) feet
along a curb.
K.
Other conditions. The Village Board of Trustees may attach
to said approval conditions not inconsistent with this chapter.
L.
Revocation. If the permit holder for any machine located
outside of the premises or on the public sidewalk or property owned, leased
or maintained by the Village of Spring Valley violates any law of the Village
Code, including the provisions herein, then the Village Board of Trustees,
after due notice and a public hearing given the permit holder, shall have
the authority to revoke said permit.
All doors and windows of any building in which a bowling alley or alleys,
a shooting gallery or a skating rink are located shall be tightly closed and
fastened if the same are operated after 12:00 midnight.
