[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 7, Ch. 10, of the 1988 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any premises or arcade operated by any organization, whether
incorporated or not, which is the owner, lessee or occupant of a building
whose primary purpose or object of its existence or operation is that
of providing "amusement devices" to the public at retail, and/or any
premises operated by any organization, whether incorporated or not,
which is the owner, lessee or occupant of a building, the majority
of whose gross receipts are derived from the providing of "amusement
devices" to the public at retail or where six or more amusement devices
are located.
Any table, platform, mechanical device or apparatus operated
or intended to be operated for amusement, pleasure, test of skill,
competition or sport, the use or operation of which is conditioned
upon payment of a consideration either by insertion of a coin or token
in a slot or otherwise. Such amusement devices shall include, but
not be limited to, devices commonly known as baseball, foosball, basketball,
hockey, pinball, shuffleboard, ray guns, bowling games, bumper games,
Skee-Ball, electronic video games, and shall also include billiard
tables and pool tables (whether coin-operated or not). Such definition
does not include a bowling alley, jukebox or other coin-operated music
machine or a mechanical children's amusement riding device.
A.
Operator's license. No person shall install, own, lease or place
an amusement device within the Village of Kimberly without first obtaining
an operator's license, which shall be issued by the Village Administrator
according to the provisions hereinafter upon the payment of an annual
license fee of $25. All such operator's licenses shall be nontransferable.[1]
B.
Amusement arcade license required. No person, firm or corporation
shall operate or keep an amusement arcade as defined herein without
having obtained and posted on the premises, in plain view, a license
to operate such arcade. Application shall be made to the Village Administrator
on the form provided by such office, accompanied by a twenty-five-dollar
annual fee, as well as a device license of $10 for each amusement
device placed upon the arcade premises. The arcade license and device
licenses, each, are nontransferable. Any devices added during the
annual period of either the operator's license or the amusement
arcade license shall require the issuance of a new device license
at a fee of $10 for each new device (mechanical amusement device)
placed on the premises. The application shall set forth the following
information:
(1)
The name and address of the applicant or, if a partnership, the names
and addresses of all the partners or, if a corporation, the names
and addresses of the principal officers and registered agent thereof,
and the name and address of the person who will supervise the game
room.
(2)
The names and addresses of the owners of the amusement devices to
be located on the licensed premises, if such owners are different
from the applicant. If the owner of the amusement devices is a partnership,
the names and addresses of all the partners or, if a corporation,
the names and addresses of the principal officers and registered agent
thereof shall be provided.
(3)
A building plan of the premises to be licensed, specifically describing
and otherwise showing all dimensions, indicating the intended division
of floor space, exits and entrances, the areas to be used for amusement
devices, and the common aisles.
(4)
A site plan of the premises to be licensed, which shall include the
proposed landscaping for the subject premises and all the improvements,
parking and driveway areas, and landscaping located on property adjacent
to and within 20 feet of the property lines of the premises to be
licensed.
(5)
If the applicant operates other game rooms in other areas, the names
and addresses of such other licensed establishments.
(6)
The number of games, tables or amusement devices to be located upon
the premises to be licensed.
(7)
Such application shall also contain such additional information as
the Village deems necessary to assist it in determining the qualifications
of the applicant for such license.
C.
Inspection. The Village Administrator shall notify the Chief of Police
of each new application for license, and he shall inspect or cause
to be inspected each application and the premises, together with such
other investigation as shall be necessary to determine whether the
applicant and the premises sought to be licensed comply with the regulations,
ordinances and laws applicable thereto, including those governing
sanitation in restaurants, and whether the applicant is a proper recipient
of a license. The Chief of Police shall furnish to the Village Board,
in writing, the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
D.
Public hearing. The application shall be forwarded to the Village
Board, which shall hold a public hearing prior to the granting or
denial of any amusement arcade license. In reviewing each application,
the Village Board shall find:
(1)
That the establishment, maintenance or operation of an amusement
arcade at the location requested will not be detrimental to or endanger
the public health, safety, morals, comfort or general welfare.
(2)
That the proposed amusement arcade will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purpose already permitted, nor substantially diminish and impair property
values within the neighborhood.
(3)
That the establishment of the amusement arcade will not impede the
normal orderly development and improvement of the surrounding property
for uses permitted in the district.
(4)
That adequate measures have been or will be taken to maintain good
order surrounding the location thereof.
E.
Term. All licenses issued herein shall be for one year ending on
the 30th day of June and shall not be transferable.
F.
Form of license. All forms of the license shall be as the Village
Administrator may determine from time to time and shall be required
to be posted on the premises near where all such amusement devices
are or shall be in operation, and the amusement arcade license shall
specify the total number of mechanical amusement devices licensed
for the premises (amusement arcade).
No premises for which an amusement arcade license has been issued
shall be permitted to remain open for the offering of electronic amusement
devices to the public at retail between the hours of 1:00 a.m. and
9:00 a.m., or 2:00 a.m. and 9:00 a.m. during daylight saving time.
A.
General regulations. The following requirements shall apply to all
persons and premises licensed under this chapter:
(1)
Rooms in which games of amusement are located and used by the public
shall, at all times, be kept in a clean, healthful and sanitary condition
with ample and approved lighting and ventilation in accordance with
State Building Code and Village Building Code requirements and as
hereinafter set forth.
(2)
There shall be conspicuously posted and displayed in any premises
licensed under this chapter all licenses issued pursuant to this chapter
and, in addition, a notice indicating the maximum number of people
allowed on the premises at any one time, and further a copy of this
chapter shall be supplied to the licensee by the Village Administrator
and shall be posted by the licensee upon the licensed premises.
(3)
No person, while using or operating a amusement device or while on
the licensed premises, shall gamble or make any bets.
(4)
No person, while in the premises licensed hereunder, shall have in
his possession any intoxicating liquor or fermented malt beverage
unless the operator of the premises has obtained a Class B fermented
malt beverage or intoxicating liquor license from the Village.
(5)
Any licensed business offering the use of games of amusement to the
public for a fee shall have a person who is 18 years of age or older
on the premises and supervising at all times the use of such games
during all hours of operation.
(6)
No person under the age of 18 years shall be permitted on the licensed
premises where the use of games of amusement is offered to the public
for a fee before the hour of 3:00 p.m. on any day the Kimberly schools
are in session, unless accompanied by his/her parent or legal guardian.
(7)
No person under the age of 16 years shall be permitted on the licensed
premises where the use of games of amusement are offered to the public
for a fee after the hour of 10:00 p.m., Sunday through Thursday (school
nights), unless accompanied by his parent or legal guardian.
B.
Amusement arcades. Those premises whose primary business is that
of amusement devices shall conform to the following in addition to
all other restrictions as set forth above:
(1)
The licensed premises shall be constructed in such a manner as to
prevent sound from the premises to travel or be emitted to any adjacent
or adjoining property, including property next to, above or below
the licensed premises.
(2)
The licensee of the premises shall provide lighting sufficient to
allow the person in charge of the establishment to observe the activities
of all customers at all times from any place in the licensed premises.
(3)
The licensed premises located at street grade shall afford front-window
treatment of such design as to allow clear observation of the interior
of the premises from the public way at all times.
(4)
The licensee of the premises shall provide a bicycle storage area
sufficient to take care of the needs of all customers, which shall
be located off of the public way.
C.
Location of business. No license shall be granted to any person,
firm or corporation to operate an amusement arcade 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 chapter will be continued from year to year
upon payment of the required annual license fee and upon compliance
with all other provisions of this chapter. 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 premises
within the Village will remove said business operation from this exception.
"Change of ownership" in the case of a partnership or corporation,
for the purpose of this subsection, 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 chapter.
