[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as §§ 12.05 to 12.09,
12.17, 12.23, 12.24 and 12.35 of the 1993 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Auctions — See Ch. 229.
Licenses and permits — See Ch. 433.
A.
Regulation. No person shall erect, keep or permit to be erected, placed or kept upon his premises within the City any billiard table, pool table, bowling alley, or nine- or ten-pin alley used and kept for gain or hire without first obtaining a license as provided for in this section and Chapter 433, Licenses and Permits.
B.
Gambling. Licensed premises shall be kept and maintained in an orderly
manner at all times and no gambling or other acts declared to be unlawful
by this Code or Wisconsin Statutes shall be allowed or permitted on
the premises.
C.
Nonprofit organizations. The provisions of this section shall not
apply to any pool table, billiard table or bowling alley owned or
maintained by any religious, charitable, educational or fraternal
order in the City.
[Amended 2-26-2003 by Ord. No. 3146]
A.
License required. It is unlawful for any person, firm or corporation to maintain or carry on any public pool room, billiard hall, center or other place of any name whatsoever in which 12 or more non-coin-operated billiard or pool tables that are seven feet or longer in length are kept for gain, or other kindred tables are kept for gain, within this City, unless such person, firm or corporation has obtained a license therefor as provided in this section and Chapter 433, Licenses and Permits.
[Amended 4-24-2014 by Ord. No. 3544]
B.
Application procedure.
(1)
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.
(2)
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]
C.
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]
D.
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:
(1)
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.;
(2)
Applicant is at least 18 years of age; and
(3)
Applicant has not violated this section within one year prior to
the date of application.
E.
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]
F.
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.
G.
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.
A.
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]
B.
License fees. The license fees for such shows and exhibitions shall
be as follows:
[Added 4-24-2014 by Ord.
No. 3544]
(1)
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.
(2)
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.
C.
Conditions of licenses.
(1)
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.
(2)
The person holding or conducting any show or circus shall be responsible
for any damage to public property in the City.
(3)
Such show or exhibition shall be conducted in an orderly manner and
no illegal act shall be allowed or permitted.
(4)
Such show shall also be licensed by the state if any license is required.
D.
Exceptions.
(1)
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.
(2)
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.
A.
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]
B.
Conditions of licenses. The building in which such show is held shall
comply with the building requirements of the Wisconsin Statutes and
this Code.
C.
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.
A.
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]
B.
The applicant for a license shall state, in writing, the number,
types and descriptions of rides, similar devices or shows.
C.
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.
D.
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]
E.
The following recreational activities shall require a license for
their conduct and operation:
[Amended 4-24-2014 by Ord. No. 3544]
[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.
[1]
Editor’s Note: Former § 208-7, Public dances, was
repealed 2-13-2019 by Ord. No. 3684.
A.
AMUSEMENT DEVICE
DISTRIBUTOR
POSSESSOR
Definitions. Terms used in this section have the following meanings:
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.
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.
Any person in whose premises an amusement device is set up
for operation.
B.
Licensing of distributors.
(1)
Required. A distributor shall be licensed as provided in this section.
(2)
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.
C.
Licensing of possessors.
(1)
Required. Any possessor shall be licensed as provided in this section.
(2)
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.
(3)
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.
D.
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.
E.
Prohibited locations. No amusement device shall be installed or operated
within any premises located within 150 feet of any elementary or high
school grounds.
F.
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.
G.
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.
H.
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.
A.
AMUSEMENT ARCADE
AMUSEMENT GAMES AND DEVICES
Definitions. Terms used in this section have the following meanings:
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.
B.
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]
C.
Application for amusement license.
(1)
Application for a license shall be on a form furnished by and filed
with the City Clerk.
(2)
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.
(3)
Application shall be signed and sworn to by the applicant.
(4)
Each applicant, upon filing an application, shall pay the required
fee to the City Treasurer.
(5)
The Chief of Police shall investigate all persons named in an application
for a license and report the findings to the City Clerk.
(6)
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]
D.
Granting and maintenance of a license for amusement arcade.
[Amended 4-24-2014 by Ord. No. 3544]
(1)
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.
(2)
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.
(3)
No license shall be issued to an applicant, partner or principal
officer of a corporation or club if such person:
(4)
The City Clerk may issue the license.
[Amended 2-13-2019 by Ord. No. 3684]
(5)
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.
(6)
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]
E.
Condition for operation and conduct of an amusement arcade. The licensee
shall:
(1)
Maintain the premises in a sanitary condition at all times and provide
approved lighting and ventilation conditions.
(2)
Post in a conspicuous place the license issued and a copy of this
section.
(3)
Prohibit anyone on the premises from gambling or making bets.
(4)
Prohibit anyone on the premises from possessing any intoxicating
liquor or fermented malt beverage.
(5)
Prohibit patrons from engaging in any loud, boisterous or disorderly
conduct on the premises or on any public sidewalk abutting the premises.
(6)
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.
F.
Exemption from licensing of an amusement arcade. Exempt from securing
a license for an amusement arcade are:
(1)
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.
(2)
Those places of business and institutions which provide amusement games for use on an occasional basis. Occasional basis means no more than three times per year. Said locations may still require 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]
G.
Police right of entry. Every applicant possessing a license for any
amusement arcade or an amusement game or device consents to the entry
of the police or other authorized representative of the City at all
reasonable hours for the purpose of inspection.
H.
Prizes prohibited. No money, tokens, merchandise or other thing of
value shall be offered as a prize or reward to anyone as a result
of the play of an amusement game or device except for those games
or devices for which prizes or rewards are approved or permitted by
the State of Wisconsin.
I.
Revocation of license of amusement arcade. The City Council may suspend
or revoke any amusement arcade license at any time for good cause
and which shall be in the best interests and good order of the City,
provided the licensee shall be accorded due process of law.
In addition to the suspension or revocation of any license issued under this chapter, and except where otherwise specifically provided, any person found to be in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.