[R.O. 2007 §615.010; CC 1978 §615.010; Ord. No. 862 §2, 10-1-1981]
A "mechanical amusement center" is defined as any establishment which provides five (5) or more mechanical amusement devices for use or operation by the public as a recreational service; and the term "mechanical amusement device" is defined as any machine which, upon the insertion of a coin, slug, token, plat, disc, or any other insertion device, may be operated by the public for use as a game, video or other entertainment, or amusement, of any kind or description whatever.
[R.O. 2007 §615.020; CC 1978 §615.020; Ord. No. 862 §3, 10-1-1981]
It shall be unlawful for any person to operate, or to permit to be operated on any premises in the City of O'Fallon an amusement center, without first securing a license duly issued by the City Council as set forth herein. An application for the operation of an amusement center or penny arcade in the City of O'Fallon shall be obtained from the City Clerk. Each such application shall be verified and shall contain the name of the proposed operator (if a partnership, the names of all partners, and if a corporation, the names of all Officers and stockholders), the proposed location of the amusement center, and the number and types of machines to be provided. Such application shall be accompanied by accurately scaled and fully dimensioned plans of the premises, showing the location of the machines. Each such application shall be accompanied by an application fee of two hundred fifty dollars ($250.00), no part of which shall be returnable due to the administrative costs involved. Each such application shall be referred by the City Clerk to the O'Fallon Chief of Police, who shall investigate the character and fitness of the proposed operator as well as any other persons listed as having an interest in the proposed license. The term of said license shall be for one (1) year from the date of issuance, and may be renewed as provided herein. Each applicant shall be notified by mail or by hand delivery of the issuance or non-issuance of a license by the City Administrator.
[R.O. 2007 §615.030; CC 1978 §615.030; Ord. No. 862 §4, 10-1-1981]
A license shall not be issued if any of the following conditions occur:
Material misstatements or misleading statements of fact in the application;
The proposed operation would be within two hundred (200) feet (from property line to property line) of a residence, or any business (from unit to unit) selling liquor by the drink, or not otherwise comply with all applicable City ordinances;
Any parties interested in the proposed business have been convicted of any violation of Statute or ordinance involving moral turpitude, or have previously had a business license suspended or revoked. No license shall be issued except to a person of good character, approved by the City Council;
Failure to pay the required application fee.
If the City does not issue a license, the reasons therefor shall be set forth in writing and accompany the notice of non-issuance.
[R.O. 2007 §615.040; CC 1978 §615.040; Ord. No. 862 §5, 10-1-1981]
Within thirty (30) days prior to the expiration of the license, a licensee may apply to the City for renewal thereof, on such applications as shall be provided by the City Clerk. Renewal applications shall contain the name, address and license number of the licensee's operation, and further, licensee shall indicate any changes from the information furnished to the City at the time of the original application. An application for renewal shall be accompanied by a renewal application fee of one hundred fifty dollars ($150.00), no part of which shall be returnable. The City shall renew said license upon a finding after a report from the Police Department that said operation shall have been conducted in accordance with all applicable laws and ordinances. If the City does not renew said license, the procedure set forth in Section 615.050 of this Chapter shall be followed.
[R.O. 2007 §615.050; CC 1978 §615.050; Ord. No. 862 §6, 10-1-1981]
The City Administrator may suspend for a period up to ninety (90) days, or revoke, a license heretofore issued, if he/she finds one or more of the following:
Material misstatements or misleading statements of fact in the application, not discovered until after the issuance of such license;
Or failing to comply with conditions on license or zoning;
Or failing to cooperate with the instructions from the O'Fallon Police or City Council;
Or permitting such conduct as would constitute a violation of any Section of this Chapter, any Statutes or ordinances pertaining to consumption or possession of alcoholic beverages by a minor, or any Statutes or ordinances pertaining to possession of controlled substances;
Failing to control any disorderly activity, peace disturbances or gambling. In the event the City revokes such license, licensee shall be entitled to a hearing before the City Council upon notice duly given ten (10) days prior to the date of such hearing. The decision of the City Council and the reasons therefor, shall be sent by certified mail or hand delivered to licensee.
[R.O. 2007 §615.060; CC 1978 §615.060; Ord. No. 862 §7, 10-1-1981]
No person under the age of fourteen (14) years shall be permitted on the premises of an amusement center or penny arcade unless accompanied by his/her parent or legal guardian. No person between the ages of fourteen (14) and seventeen (17) years shall be permitted on the premises without having on his/her person an identification card issued by the operator, containing his/her name, age, home address and telephone number. No such identification card shall be issued by the operator unless he/she has received the written permission of the parent or legal guardian. The operator shall maintain a permanent record of the names of the parents or legal guardians who have granted such permission and the names of the persons for whom they have granted such permission. Such record shall be available for inspection at all times by the O'Fallon Police Officers and City Officials.
[R.O. 2007 §615.070; CC 1978 §615.070; Ord. No. 862 §8, 10-1-1981]
No alcoholic beverages or non-intoxicating beer shall be permitted on the premises of any mechanical amusement center; no firearms shall be permitted on the premises of any amusement center; no gambling or wagering of any kind shall be permitted on the premises of any mechanical amusement center. The licensee shall assist the Police Department in law enforcement on the premises. The term "premises" as used in this Chapter shall include the parking areas adjacent to the amusement center building.
[R.O. 2007 §615.080; CC 1978 §615.080; Ord. No. 862 §9, 10-1-1981]
At least one (1) supervisor of at least twenty-one (21) years of age, employed by the operator shall be on duty at all times and be present on the premises of any amusement center for every twenty-five (25) persons present in the mechanical amusement center; and mechanical amusement centers may not operate between the hours of 10:00 P.M. and 3:00 P.M of the following day.
[R.O. 2007 §615.090; CC 1978 §615.090; Ord. No. 862 §12, 10-1-1981]
The mechanical amusement devices shall at all times be kept and placed in plain view, and the O'Fallon Police shall be permitted to inspect the premises or records of the mechanical amusement center at any reasonable time. Only one (1) person at a time will be permitted to be in each bathroom facility on the mechanical amusement center premises.
[R.O. 2007 §615.100; CC 1978 §615.100; Ord. No. 862 §10, 10-1-1981]
Any person who shall be convicted of a violation of any provision of this Chapter may be punished by a fine not exceeding one hundred dollars ($100.00), or by serving a sentence of not more than three (3) months in a County Jail, or by both such fine and imprisonment. Each day of such violation shall constitute a separate offense.
[R.O. 2007 §615.110; CC 1978 §615.110; Ord. No. 862 §11, 10-1-1981]
The provisions of this Chapter shall not be applicable to any person having set up in his/her private residence one (1) or more mechanical amusement devices when employed for his/her own private use or for the use of his/her family, nor to business establishments or other public places which may have five (5) mechanical amusement devices for use or operation by the public, but whose gross revenue from the operation of such mechanical amusement devices does not exceed twenty-five percent (25%) of its total gross revenue.