[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:
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:
A.
Name and address of applicant.
B.
In case of a partnership, the names and addresses of all partners.
C.
In case of a corporation, the names and addresses of all officers,
directors and stockholders.
D.
In the case of clubs, associations or other organizations, the names
and addresses of all officers.
E.
Whether or not the person or persons named in the application have
ever been convicted of any violation of federal, state or municipal
law.
F.
The location of the premises to be licensed and the name and address
of the owner or owners of such premises.
G.
The number of games or machines or amusement devices to be located
upon the premises to be licensed.
A.
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.
B.
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.
C.
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.
D.
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:
A.
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.
B.
Granting the license for the particular location will have a substantial
adverse effect upon the safety of the persons living in the immediate
neighborhood.
C.
Granting the license for the particular location will cause a substantial
depreciation in the value of the property in the immediate neighborhood.
D.
Granting the license for the particular location will have a substantial
adverse effect upon the convenience of the immediate neighborhood.
E.
Granting the license for the particular location will constitute
a public or private nuisance.
F.
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.
G.
Granting the license and operating an arcade on the premises would
violate the provisions of the Waukesha County Zoning or Shoreland
and Floodplain Ordinances.
A.
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.
B.
No arcade shall be permitted to remain open between the hours of
12:00 midnight and 9:00 a.m. of any day.
C.
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.
D.
No arcade shall be operated unless located solely and entirely on
the street level and clearly within view from the street.
E.
Arcades shall have two easily available, unobstructed and usable
exits to the outside.
F.
Arcades shall have separate, clean, adequate and immediately accessible
washrooms and toilets for each sex.
G.
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.
H.
No person, while using or operating a game of amusement or while
on the licensed premises, shall gamble or make any bets.
I.
No alcohol beverages shall be allowed on or permitted to be brought
into arcade premises.
J.
No person who is obviously under any degree of intoxication shall
be allowed on the premises.
K.
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.
L.
There shall be no pictures, movies, exhibits or reading material
on the premises which are obscene, lewd, lascivious or indecent.
M.
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.
N.
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.
A.
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.
B.
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:
A.
Educational, religious and charitable institutions which prohibit
use of games of amusement on their premises by the general public
and are nonprofit organizations.
B.
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.
