[HISTORY: Adopted by the Board of Trustees
of the Village of Yorkville 8-1-1950; amended in its entirety 3-2-1993 by L.L. No. 1-1993. Subsequent amendments
noted where applicable.]
The Village of Yorkville recognizes that the
use and ownership of amusement devices must be adequately controlled
so as to prevent public disorder, nuisance, loitering and other acts
detrimental to the health, safety and welfare of the residents of
the Village and in particular to protect the adolescents of the Village
against the evils associated with gambling, and this chapter is intended
to provide such control and regulation.
For the purposes of this chapter, the following
definitions shall apply:
Any coin-controlled amusement device of any description and,
particularly but not by way of limitation, the type commonly known
as "bagatelle," baseball," "football," "iron claw," "pinball" and
"video amusement games," including jukeboxes and video jukeboxes.
A theater, booth, machine, device or other contrivance which
presents material in the form of live shows, films, videotapes, slides
or pictures, viewed from an individual enclosure, for which a fee
is charged.
Includes one or more individuals, a partnership, company,
corporation, association, society or any other legal entity and any
officer, agent, servant or employee of the foregoing in charge of
the premises hereinafter mentioned.
This chapter, however, shall include any parcel
of land, building, structure, vehicle or any other place where an
amusement device may be kept, maintained, exhibited, used or operated.
No licensed device under this chapter shall
be operated or devoted or permitted by the licensee, holder of a license
or any person in responsible charge of such premises to be operated
or devoted for or to any use or purpose prohibited by law.
No person shall keep, maintain, use or exhibit
or permit to be kept, maintained, exhibited, used or operated in or
upon any premises in his possession or under his control within the
Village a manually or mechanically operated amusement device used
or designed in whole or in part for the amusement, entertainment or
recreation of the public or a mini theater, projection booth or other
device displaying films or videos without first obtaining a license
therefor from the Village Clerk, as provided in this chapter.
A.
A verified application, in duplicate, shall be made
by any person desiring a license required by this chapter to the Village
Clerk for such license, upon blanks to be furnished by him or her,
giving the name and address of the manufacturer of the device; the
manufacturer's number, if any; a complete detailed description of
the device, including all the mechanical features thereof; the method
of its operation; the location by street and number where the device
is sought to be licensed; the nature and use of the premises upon
which the device is proposed to be kept, maintained, exhibited or
operated; the number of such devices already licensed and sought to
be licensed upon the same premises; information on similar establishments
in the Village; and such further information as the Village Clerk
may require.
B.
The application shall also contain a complete statement
indicating whether or not any previous application has been made hereunder
and whether any license has been received, refuted, suspended or revoked,
with the circumstances thereof.
The Village Clerk is hereby authorized, in his
or her discretion, to issue the license required by this chapter upon
the terms and conditions prescribed in this chapter.
The application for a license under this chapter
shall be referred by the Village Clerk to the Chief of Police for
his investigation and recommendation as to approval or disapproval,
and he shall forward his recommendation, in writing, to the Village
Clerk. No such license shall be issued without approval of the Chief
of Police. The Chief of Police shall cause such inquiries, inspections
and investigations to be made as he deems necessary to carry out the
intent and purpose of this chapter, including but not limited to the
device sought to be licensed or which shall be licensed, the premises
upon which such device is proposed to be or shall be located and the
moral character of the applicant or any person in responsible charge
of such premises. In order that the intent and purpose of this chapter
shall be carried out, the control and regulation of such devices shall
be under the supervision of the Police Department, and members of
the Department may at any and all times, when such premises are open,
visit the same and make an inspection thereof.
Prior to the issuance of any license under this
chapter, the Village Clerk shall collect the license fees prescribed
by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current fee resolution
is on file in the office of the Village Clerk.
A license shall be procured under this chapter
for each device. A tag hearing the same number as the license and
the year of issuance shall be obtained from the Village Clerk and
securely attached to each licensed device so that it shall be and
at all times remain conspicuous. No amusement device shall be kept,
exhibited, used or operated in the Village until and unless such tag
shall have been so attached thereto.
Each tag and license issued under this chapter
shall expire July 31, unless sooner revoked by the Village Clerk.
No license or tag issued under this chapter
shall be transferred from one device to another or from one premises
to another.
Any license granted under this chapter may be
revoked by the Village Clerk, and any tag issued under such license
may be recalled and destroyed for any of the following:
A.
The violation of any of the provisions of this chapter.
B.
The violation of any law, ordinance, rule or regulation
of any governmental officer, agency or department governing or applicable
to the maintenance or conduct of the premises upon which such device
is located.
C.
The violation of any law, ordinance, rule or regulation
governing or applicable to the maintenance, possession, use of or
operation of the licensed device.
D.
Upon the conviction of the licensee, holder of a license
or any person in responsible charge of said premises of a crime.
E.
Upon the recommendation of the Chief of Police, in
writing, stating the reasons thereof.
F.
Otherwise, for cause.
A.
If the Village Clerk determines that the license granted
under this chapter should be revoked and any tag issued under such
license should be recalled and destroyed, the Village Clerk, within
five days of the determination, must notify the licensee, in writing,
of the reasons for the determination, specifying that the license
will be revoked within 15 days of the date of the notice. The licensee,
within five days of the date of the notice of revocation from the
Village Clerk, must, in writing, request a hearing before the hearing
panel to determine the appropriateness of the Village Clerk's determination
and notice of revocation.
B.
The hearing panel, consisting of three members of
the Village Board of Trustees, must, within five days of the receipt
of the licensee's demand for a hearing, conduct a hearing to determine
whether the licensee's license should be revoked and any decal recalled.
The determination by the hearing panel must be a majority decision.
The technical rules of evidence will not apply to the hearing before
the hearing panel. The hearing should be recorded by means of a tape
recorder.
C.
At the conclusion of the hearing, the hearing panel
will deliberate and render a decision on the record.
D.
The determination by the hearing panel will be final.
B.
Each day's maintenance, exhibition or use of any manually
or mechanically operated amusement device in violation of the provisions
of this chapter shall constitute a separate offense.
C.
Any person maintaining, operating or in responsible
charge of premises upon which a manually or mechanically operated
amusement device is kept, exhibited or used, to which device a fictitious
tag purporting to be issued by the Village Clerk or a counterfeit
of said decal is attached, or any person attaching such tag to an
amusement device, shall, upon conviction thereof, be punishable by
a penalty as prescribed above.
This chapter shall not apply to licenses issued
prior to its adoption. Any machines installed or license issued subsequent
to the adoption hereof shall comply with the provisions of this chapter.
