City of Fond du Lac, WI Amusements and Entertainment

Every person, firm or corporation keeping and maintaining billiard halls or pool rooms in this City shall make written application for a license therefor to the City Clerk and, before the license is issued, shall pay a license fee as provided in Subsection C of this section.

The application shall be presented to the City Clerk, and if the applicant is qualified a license shall be issued by the City Clerk and shall expire on the 30th day of June after issuance.

[Amended 4-24-2014 by Ord. No. 3544]

License fee. The license fee shall be set by resolution of the City Council. The license moneys shall be paid before a license is granted and such license shall not be transferable.

[Amended 4-24-2014 by Ord. No. 3544]

Qualifications. Applicants, whether an individual or agent of a corporation or other legal entity, may only be granted a license if they satisfy the following minimum requirements:

Applicant has not been convicted of any felony, misdemeanor or other criminal offense, the circumstances of which substantially relate to the circumstances of the licensed activity, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.;

Applicant is at least 18 years of age; and

Applicant has not violated this section within one year prior to the date of application.

Taxes and claims to be paid. No license shall be granted to or maintained by any person for whom, or premises for which, taxes, assessments or other claims of the City are delinquent and unpaid.

[Added 4-24-2014 by Ord. No. 3544]

Closing hours. No pool or billiard hall licensed under this section shall operate or keep open said premises between the hours of 2:00 a.m. and 6:00 a.m., except on Saturdays and Sundays when the hours of closure shall be between 2:30 a.m. and 6:00 a.m.

Minors. No pool or billiard hall licensed under this section shall allow or in any manner permit any person under the age of 16 years to enter or remain on the licensed premises, unless accompanied by a parent or guardian.

§ 208-3 Circuses and shows.

License required. No person shall exhibit, conduct or manage for gain or profit by any means any circus, menagerie, sideshow, medicine show, exhibit of any natural or artificial curiosities or panoramic show or device of any kind without first obtaining a license as provided for in this section and Chapter 433, Licenses and Permits. Said events may also be required to obtain a special event permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.

[Amended 2-13-2019 by Ord. No. 3684]

License fees. The license fees for such shows and exhibitions shall be as follows:

[Added 4-24-2014 by Ord. No. 3544]

Where the exhibition or show is to be held within one building or within one tent or in one similar enclosure, the fee shall be as set in the fee schedule, which shall entitle the holder thereof to hold such exhibition or show for not more than three consecutive days and evenings.

Where the exhibition or show is to be held in more than one building, tent or similar enclosure to which the public is admitted, the fee shall as set in the fee schedule, which shall entitle the holder to hold such exhibition or show for not more than three consecutive days and evenings.

For each additional day over the three days provided for in Subsection B(1) and (2) above, a fee per day as set in the fee schedule shall be paid.

Conditions of licenses.

Any performance which is held under and pursuant to this section shall close not later than 12:00 midnight and shall not be open before 7:00 a.m.

The person holding or conducting any show or circus shall be responsible for any damage to public property in the City.

Such show or exhibition shall be conducted in an orderly manner and no illegal act shall be allowed or permitted.

Such show shall also be licensed by the state if any license is required.

All requirements set forth in § 433-2 shall be met.

[Added 4-24-2014 by Ord. No. 3544]

Exceptions.

Nothing in this section shall apply to any boxing or wrestling exhibition, motion-picture performance held or conducted in any licensed theater or under separate license, any public dancing or roller-skating establishment, nor to any show or performance referred to in § 208-4.

Nothing in this section shall apply to any show or performance held and conducted by any educational, fraternal or religious society where the same is held upon the property of such society, nor to any public forum, debate or address, nor to the presentation of any artist or group of artists by any bona fide civic organization which has been in existence in the City for a period of three months prior to the holding or conducting of such performance.

§ 208-4 Theaters.

License required. No person shall conduct or operate any moving-picture theater or showhouse or give or conduct any show or performance otherwise than as provided in § 208-3 above without first having obtained a license as provided for in this section and Chapter 433, Licenses and Permits. Said events may also be required to obtain a special event or march/public assembly permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.

[Amended 2-13-2019 by Ord. No. 3684]

Conditions of licenses. The building in which such show is held shall comply with the building requirements of the Wisconsin Statutes and this Code.

Exceptions. The licensing provisions of this section do not apply to any religious or fraternal society which has been in existence in the City for three months prior to such presentations, if the same is held upon the property of such society, nor to similar presentations by the public or parochial schools of the City when held upon school property.

§ 208-5 Other places of amusement.

No person shall for gain or profit conduct or operate any Ferris wheel, merry-go-round, whip, pony ride or similar device or ride or any rodeo or wild west, daredevil, thrill or other show outside of a licensed theater within the City unless a license is first obtained from the City. Said events may also be required to obtain a special event permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.

[Amended 2-13-2019 by Ord. No. 3684]

The applicant for a license shall state, in writing, the number, types and descriptions of rides, similar devices or shows.

This section shall not apply to any show or ride when held under the auspices of and as a part of the annual Fond du Lac County Fair at the fairgrounds in the City.

The City may license the conduct or operation of any ride or activity under this section whenever it satisfactorily appears to the City that the conduct or operation of the events is to be held under the auspices of a bona fide nonprofit civic, religious, charitable or veterans' organization. Said events may also be required to obtain a special event permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.

[Amended 2-13-2019 by Ord. No. 3684]

The following recreational activities shall require a license for their conduct and operation:

[Amended 4-24-2014 by Ord. No. 3544]

Archery ranges.

Baseball driving ranges.

Charter excursion and sightseeing boat establishments.

Go kart tracks.

Miniature golf courses.

Golf driving ranges.

(7)

Ice skating rinks.

(8)

Shuffle board courts.

(9)

Swimming pools.

(10)

Tennis courts.

(11)

Trampoline centers.

§ 208-6 Roller-skating.

[Amended 2-13-2019 by Ord. No. 3684]

No person shall for gain or profit keep or conduct any roller-skating rink to which the public is admitted in the City without first obtaining a license as provided for in this section and Chapter 433, Licenses and Permits. Said events may also be required to obtain a special event or march/public assembly permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.

§ 208-7 (Reserved) [1]

[1]

Editor’s Note: Former § 208-7, Public dances, was repealed 2-13-2019 by Ord. No. 3684.

§ 208-8 Amusement devices.

Definitions. Terms used in this section have the following meanings:

AMUSEMENT DEVICE

Any coin-operated machine commonly referred to as shooting (electric ray) games, bowling games, skiball games, baseball games, shuffle games, pool and billiard games, and other devices, the operation of which involves skill features and which are operated by coins and which do not deliver, pay out or emit coins, tokens, coupons, tickets, receipts, chips or other things, which may be redeemed or exchanged for money, merchandise, or other thing of value and in the operation of which the skill of the player is not subject to being thwarted by chance, and which machine is not readily convertible into a gambling device. Coin-operated musical instruments, vending machines or coin telephones shall not be considered as amusement devices under this section.

DISTRIBUTOR

Any person who as owner or lessor of three or more amusement devices distributes or leases any amusement device to any person for use in the City.

POSSESSOR

Any person in whose premises an amusement device is set up for operation.

Licensing of distributors.

Required. A distributor shall be licensed as provided in this section.

Application. Application for license as a distributor shall be made to the City Clerk upon a form furnished by him for that purpose. The application form shall contain a statement of the applicant's name, residence and or place of business, the type of amusement devices to be distributed by the licensee, the location in which any device will be distributed by the licensee and other material facts and statements as may be required by the Clerk.

Licensing of possessors.

Required. Any possessor shall be licensed as provided in this section.

Application. Application for a license as a possessor shall be made to the City Clerk upon a form furnished by him for that purpose. The application form shall contain a statement of the applicant's name and residence and the location of the premises in which any amusement device shall be set up, the type of amusement device or devices for which license is desired, together with a full description of each device, the name of the owner or lessor thereof and any other material facts as may be required for each amusement device set up or permitted in any premises of a possessor.

Investigation of applicant. Prior to the issuance of any license under this section, the application shall be referred to the Chief of Police for investigation and report.

AMUSEMENT GAMES AND DEVICES

Conditions of license. All requirements set forth in § 433-2 shall be met.

[Added 4-24-2014 by Ord. No. 3544]

Wagering. No possessor shall permit the wagering of money, goods or merchandise upon the result of the game or machine played or upon the test of skill, nor shall any such possessor for himself or for any operator pay any money, goods, merchandise or token to any person playing the amusement device.

Prohibited locations. No amusement device shall be installed or operated within any premises located within 150 feet of any elementary or high school grounds.

Gambling prohibited. Nothing in this section shall be construed to permit gambling in any form or manner, and all other ordinances of the City relative to gambling and the keeping of gambling devices shall remain in full force and effect.

Responsibility of possessor. The possessor of any amusement device shall be held responsible for the full compliance of the requirements of this section and for any violation of this section which may occur on his premises, whether he participates in such violation or not.

Police officer may enter premises. Any police officer may, in the discharge of his duties, enter any premises in which an amusement device is located at any time, and the application for license is deemed to be a consent to such entry.

§ 208-9 Amusement arcades.

Definitions. Terms used in this section have the following meanings:

AMUSEMENT ARCADE

Premises in the business of offering to the public, for a fee, five or more amusement games and devices, except that establishments having either a "Class B" intoxicating liquor or Class "B" fermented malt beverage or combination license are not considered amusement arcades in this section.

[Amended 4-24-2014 by Ord. No. 3544]

Any coin- or token-operated machine, game, or device or any machine, game, or device for which the owner or operator shall make a charge for the use thereof for amusement purposes and including, without limitation by enumeration, billiard or pool tables, table shuffle boards, skiball, miniature baseball diamonds, basketball courts, and bowling alleys, pin games, marble games, quiz games, video games, video devices, electronic games, football and other games and devices of like nature.

License required. A license shall be obtained from the City for each premises to be used as an amusement arcade. Said events may also be required to obtain a special event permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.

[Amended 2-13-2019 by Ord. No. 3684]

Application for amusement license.

Application for a license shall be on a form furnished by and filed with the City Clerk.

Such form will require the following information:

(a)

Name, address and date of birth of applicant. If a partnership, the names, addresses and dates of birth of all partners. If a corporation, the names, addresses and dates of birth of all officers of the corporation. If a club, the names, addresses and dates of birth of all officers.

(b)

If the listed person or persons have ever been convicted of a violation of federal, state or municipal law, other than minor traffic or parking violations.

(c)

Location of premises to be licensed and name and address of owners of the property.

(d)

The number of games and devices to be located on the premises.

(e)

The hours of operation of the establishment.

Application shall be signed and sworn to by the applicant.

Each applicant, upon filing an application, shall pay the required fee to the City Treasurer.

The Chief of Police shall investigate all persons named in an application for a license and report the findings to the City Clerk.

The Building Inspector, Fire Inspector and Fond du Lac County Health Department will investigate the premises named in an application and report any code violations to the City Clerk.

[Amended 2-13-2019 by Ord. No. 3684]

(7)

All requirements set forth in § 433-2 shall be met.

[Added 4-24-2014 by Ord. No. 3544]

Granting and maintenance of a license for amusement arcade.

[Amended 4-24-2014 by Ord. No. 3544]

No license shall be granted for an amusement arcade if:

(a)

The establishment holds a Class A beer or liquor license.

(b)

The premises is within 500 feet of any public or private school.

(c)

There is another licensed amusement arcade within 1,500 feet of the premises seeking a license.

(d)

The licensee has not provided a sufficient bicycle storage area which shall be located off the public right-of-way and shall be within 50 feet of an entrance to the premises.

(e)

There are violations of the housing, property maintenance, fire, health or zoning codes existing on the premises.

Amusement arcades existing as of the effective date of this section that are not in conformity with Subsection D(1)(b) and (d) of this section shall be granted a license and may continue to operate at the existing premises. Should any nonconforming arcade relocate to another premises or discontinue operating for a period of six months or more, an arcade license shall not be granted to nonconforming premises until there is compliance with the requirements of this subsection.

No license shall be issued to an applicant, partner or principal officer of a corporation or club if such person:

(a)

Has a record of convictions of federal, state or municipal laws which is sufficient to lead a reasonable person to conclude that the applicant is not of good moral character, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.; or

(b)

Is under 18 years of age.

The City Clerk may issue the license.

[Amended 2-13-2019 by Ord. No. 3684]

A license to a partnership shall not be voided by the withdrawal of a partner if an original partner remains. A new license is required if a new partner joins unless he already holds a license.

A license issued to a corporation or club shall become void if an unqualified person becomes a principal officer.

(7)

All changes in membership of a partnership or all changes in identity of the principal officers of a corporation or club shall be reported to the City Clerk within 10 days after they occur.

(8)

A license granted shall bear date of issue, name of licensee and location of premises.

(9)

Such license granted shall not be transferable to another person.

(10)

The holder of the license may transfer to another location by written application to and approval from the City Clerk upon payment of a transfer fee.

[Amended 2-13-2019 by Ord. No. 3684]

Condition for operation and conduct of an amusement arcade. The licensee shall:

Maintain the premises in a sanitary condition at all times and provide approved lighting and ventilation conditions.

Post in a conspicuous place the license issued and a copy of this section.

Prohibit anyone on the premises from gambling or making bets.

Prohibit anyone on the premises from possessing any intoxicating liquor or fermented malt beverage.

Prohibit patrons from engaging in any loud, boisterous or disorderly conduct on the premises or on any public sidewalk abutting the premises.

Have a person 18 years of age or older who is in charge of the operation on the premises at all times that the establishment is open.

Exemption from licensing of an amusement arcade. Exempt from securing a license for an amusement arcade are:

Educational, religious and charitable institutions and fraternal organizations which prohibit the use of amusement games on their premises by the general public and are nonprofit organizations.