[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as Secs. 12.04 and 12.15 of the 1986 Town Code. Amendments noted where applicable.]
No person shall, within the Town, operate a business offering to the public an opportunity to use games of amusement without first having procured the necessary licenses to do so as provided in this chapter. A license shall be required for each game or machine provided by the owner or operator of the premises for use or operation by the public, and for each premises which, under the provisions of this chapter, constitutes an arcade.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Includes, but is not limited to, video machines, pinball, foosball or bowling machines, electric dartball and other similar amusement devices or games of skill which the public is invited to use or operate for a fee.
- Any premises containing six or more amusement devices for the primary use and entertainment of the public, except premises for which a license to sell alcohol beverages has been issued by the Town.
Applications for licenses shall be filed with the Town Clerk on forms to be furnished by the Clerk, which forms shall require the following information:
Name and address of applicant.
In case of a partnership, the names and addresses of all partners.
In case of a corporation, the names and addresses of all officers, directors and stockholders.
In the case of clubs, associations or other organizations, the names and addresses of all officers.
Whether or not the person or persons named in the application have ever been convicted of any violation of federal, state or municipal law.
The location of the premises to be licensed and the name and address of the owner or owners of such premises.
The number of games or machines or amusement devices to be located upon the premises to be licensed.
All licenses herein provided for shall be issued by the Town Board upon recommendation of the Chief of Police, the Chief of the Fire Department of the fire district in which the premises are located, and upon payment of the required license fee.
Such license shall bear the date of issue, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct such business. Such license shall not be transferable by the holder to any other person.
The Chief of Police shall cause to be made an investigation of all persons named in an application for license and report his findings to the Town Board.
The license shall not be issued if the applicant or any partner of the principal officer or any stockholder holding more than 20% of the capital stock of the corporation, if the applicant is a corporation, is under 18 years of age.
The application for a license may be denied as to a particular location within the Town whenever the Town Board finds that the location and physical layout of the premises and the layout characteristics are such that it would be against the health, safety or general welfare of the public to permit the operation of amusement games for public use for a fee in that:
Granting the license for the particular location will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood.
Granting the license for the particular location will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood.
Granting the license for the particular location will cause a substantial depreciation in the value of the property in the immediate neighborhood.
Granting the license for the particular location will have a substantial adverse effect upon the convenience of the immediate neighborhood.
Granting the license for the particular location will constitute a public or private nuisance.
Granting the license for the particular location is not in the best interests of the community and it is not compatible with good planning development of the area.
Granting the license and operating an arcade on the premises would violate the provisions of the Waukesha County Zoning or Shoreland and Floodplain Ordinances.
The licensee or his designated supervisor shall be on the licensed premises at all times during the hours the arcade is open to the public in order to provide supervision necessary to maintain proper order.
No arcade shall be permitted to remain open between the hours of 12:00 midnight and 9:00 a.m. of any day.
No licensee, agent, supervisor or employee of a licensee shall permit any person under the age of 18 years to be present on the premises between the hours of 8:00 a.m. and 3:30 p.m. on any day in which classes are scheduled to be held by Oconomowoc area schools.
No arcade shall be operated unless located solely and entirely on the street level and clearly within view from the street.
Arcades shall have two easily available, unobstructed and usable exits to the outside.
Arcades shall have separate, clean, adequate and immediately accessible washrooms and toilets for each sex.
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 Town, county and state requirements.
No person, while using or operating a game of amusement or while on the licensed premises, shall gamble or make any bets.
No alcohol beverages shall be allowed on or permitted to be brought into arcade premises.
No person who is obviously under any degree of intoxication shall be allowed on the premises.
No person shall be permitted to conduct himself in a disorderly manner on the premises, and the licensee shall obey any reasonable written order of the Police Department to prevent such disorderly conduct.
There shall be no pictures, movies, exhibits or reading material on the premises which are obscene, lewd, lascivious or indecent.
Frequenters of the premises shall not be permitted to congregate within 10 feet of the entrances and exits to such building, either within or without the building, or congregate on the public walks and thoroughfares adjacent to such premises.
There shall be no use of drugs or marijuana on the premises and anyone under the influence thereof shall be ejected forthwith.
No person other than the licensee (or agent of a corporate licensee) shall assume or be permitted to assume the or any supervision of an arcade without a license from the Town Board to do so. The fee for such license shall be as prescribed in Chapter 182, Article I, License Fees. No person shall be so licensed unless he or she is a resident of Waukesha County who is at least 18 years of age.
Application. Application for a supervisor's license shall be in writing accompanied by the fee and delivered to the Town Clerk. Such application shall list any conviction for the violation of any federal, state or local law or ordinance.
Inspection and recommendation. Upon receipt of any such application, the Town Clerk shall deliver a copy thereof to the Police Department, which shall deliver within 20 days to the Town Clerk for presentation to the Town Board its report thereon, together with the list of convictions, if any, which bear a relationship to the responsibilities of licensees and other information helpful to the Town Board. The Town Clerk shall transmit such report and application to the Town Board for consideration at the following Board meeting.
Exempted from the provisions of this chapter shall be:
Educational, religious and charitable institutions which prohibit use of games of amusement on their premises by the general public and are nonprofit organizations.
Those places of business and institutions which provide games of amusement for use on an occasional basis. "Occasional basis" is defined herein as no more than three times per year.