The provisions of this article, except as to licensing and fees,
shall apply to all public shows, theatricals, circuses and other amusements
in the City, whether specifically licensed in another chapter of this
Code or not.[1]
A.
AMUSEMENT ARCADE
COIN-OPERATED AMUSEMENT DEVICE
DISTRIBUTOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The operation by any person, firm, partnership or corporation
of seven or more coin-operated amusement devices, for public use,
or upon premises where the primary source of business is the operation
of coin-operated amusement devices.
Any amusement or video amusement machine or device operated
by means of the insertion of a coin, token or similar object or which
is rented on a time basis, for the purpose of amusement or skill and
for the playing of which a fee is charged. This term does not include
vending or health machines in which do not incorporate gaming or amusement
features, nor video gaming terminals operated pursuant to the Video
Gaming Act, 230 ILCS 40/1 et seq. ("the Act"), nor does the term include
any coin-operated mechanical musical devices (otherwise known as "juke
boxes"). The term shall also not include those devices licensed as
billiard or pool tables. Nothing herein shall be construed to permit
the use of any device prohibited by law or the use of any device in
any manner prohibited by law.
[Amended by Ord. No. 05-21-12; Ord. No. 06-04-12]
Any person, firm, corporation, partnership or association
who or which sets up for operation by another, or leases or distributes
for the purpose of operation by another, any amusement device as herein
defined, whether such setting up for operation, leasing or distributing
be for a fixed charge or rental, or on the basis of a division of
the income derived from such device, or otherwise. A distributor shall
also include any person, firm, corporation, partnership or association
who or which owns and operates for his or its own use more than one
amusement device. A distributor shall not be defined to include an
individual business or proprietor who leases, rents, or shares in
a division of the income derived from an amusement device, which such
device is owned by another who is classified as a distributor within
the terms of this article. Further, a distributor shall not be defined
as licensed under the Video Gaming Act, 230 ILCS 40/1 et seq., to
buy, sell, lease, or distribute video gaming terminals or major components
or parts of video gaming terminals to or from terminal operators.
[Amended by Ord. No. 05-21-12; Ord. No. 06-04-12]
B.
Coin-operated amusement devices.
(1)
License required.
(a)
No person shall operate or maintain a coin-operated amusement
device within the City of Mendota without first having obtained a
license therefor. Licenses shall be issued upon payment of the license
fee set forth herein. The application for such license shall contain
the following information:
[1]
Name, address, telephone number and state sales or occupational
tax number of the licensee.
[2]
Type of primary business conducted by licensee.
[3]
Name, address and telephone number of the owner, partners, or
officers of the proprietorship, partnership or corporation licensee.
[4]
The number of amusement devices to be licensed, the denomination
of coin used to operate said devices and the name and address of the
owner or supplier of said device or devices.
[5]
A sworn statement that the licensee, its owners, partners or
officers have never been convicted of or pleaded no contest to a crime
of moral turpitude, or have never been convicted of a felony, or unsuccessfully
defended in a criminal or civil proceeding charging fraud, misrepresentation
or unscrupulous business conduct.
(b)
No such license shall be issued until the Chief or Police or
his deputies have investigated the location wherein the machines or
devices are proposed to be operated and have determined that the proposed
operation of the machines or devices complies with all the terms of
this and other ordinances of the City.
(2)
Limitations.
(a)
No license shall be issued to any person authorizing the use
of more than six coin-operated amusement machines or devices in any
one location, unless such is categorized as an arcade.
(b)
The operation of coin-operated amusement devices may not be
the principal or primary business in any such location, and their
use must be secondary or incidental to the main or principal occupation
or business being conducted or to be conducted by the licensee in
or upon said establishment.
(c)
No licensed coin-operated amusement device may award more than
10 free replays at any time.
(d)
No licensed coin-operated amusement device may be equipped with
a "knock-off" button or switch allowing for the automatic termination
of accumulated free plays.
(3)
License fee. The annual license fee for each coin-operated amusement
device shall be set from time to time by the City Council, payable
upon application for the license. The license for any such coin-operated
amusement machine may be transferred from one coin-operated amusement
device to another coin-operated amusement device, provided such coin-operated
amusement devices are of a similar nature, upon filing a transfer
record and payment of a transfer fee as set from time to time by the
City Council. Upon filing such transfer and payment of such transfer
fee, the City Clerk shall issue a new license. Said license fee may
be prorated for fractional periods of the calendar year.[1]
(4)
Display of license. The license or licenses herein provided for shall
be posted permanently and conspicuously at the location of the premises
wherein the machines or devices are to be operated or maintained.
(5)
Gambling. No coin-operated amusement device shall be operated or
permitted to be used in such a manner as to violate the gambling laws
of the City or of the State of Illinois.
C.
Arcades.
(1)
License required. It shall be unlawful for any person, firm, partnership
or corporation to permit the operation of any amusement arcade on
any premises within the City, unless a license first has been obtained
for the amusement arcade.
(2)
Nuisance. No coin-operated amusement device or coin-operated musical
device shall be operated within an amusement arcade so as to constitute
a nuisance.
(3)
Sworn application. An amusement arcade license shall be issued only
upon payment of the state fee, and a sworn application by the person,
firm, partnership or corporation seeking the license. In case the
applicant is a partnership, all partners must sign and verify the
application. In case the applicant is a corporation, all officers
must sign and verify the application and indicate their official position.
The information required in the application form must be furnished
as to each person signing the application.
(a)
Each application shall contain the following information:
[1]
The applicant's full name.
[2]
The applicant's residence address.
[3]
The applicant's business address.
[4]
The address of the proposed amusement arcade.
[5]
The sales or occupational tax number of the licensee.
[6]
The name and address of every person who has any interest in
the amusement arcade, and the nature of that interest.
[7]
Whether or not the applicant has been convicted of any felony,
or of pandering, gambling, operating a gambling device, operating
a gaming house or being a keeper of a place of prostitution, or other
misdemeanor.[2]
[9]
Whether or not the applicant, or his or her spouse, or any member
of the applicant's household is a member or employee of the Police
Department of the City of Mendota; whether or not any member or employee
of the Police Department of the City of Mendota is interested in any
way, either directly or indirectly, in the license applied for, the
devices, or the operation of the same; and whether or not the applicant
has received or borrowed money or anything else of value or accepted
credit from any member or employee of said Police Department, or the
spouse or any member of the household of any such member or employee.
[10]
A statement that the applicant, if requested by the Mayor, will
permit a record of his fingerprints to be made by the Police Department
of the City of Mendota for the purpose of additional investigation
to determine whether or not the application should be granted.
(b)
Such application shall be filed with the City Clerk of the City
of Mendota and forwarded by him to the City Council for consideration.
A person, firm, partnership or corporation making application for
an amusement arcade operator's license in the manner set forth herein
shall be issued a license by the City Clerk upon approval of the application
by the City Council. All applications for licenses required by this
article shall be submitted to the City Council, which shall have the
power to grant or refuse any such licenses.
(4)
Police investigation. No license shall be issued until the Chief
of Police or his deputies have investigated the location wherein the
machines or devices are proposed to be operated and have determined
that the proposed operation of machines or devices complies with all
the terms of this and other ordinances of the City of Mendota.
(5)
Prohibited machines. No licensed coin-operated amusement device may
award more than 10 free replays at any time or be equipped with a
"knock-off" button or switch allowing for the automatic termination
of accumulated free plays.
(6)
Gambling. No amusement arcade license shall be issued to any person
who has been convicted of conducting gambling activities or to any
corporation or partnership, a member or principal shareholder of which
has been convicted of conducting gambling activities. No gambling
activities shall be conducted on the premises of amusement arcades
licensed under this article.
(7)
Attendant on duty. There shall be provided a full-time attendant,
over the age of 21 years, upon the premises of an amusement arcade
during the normal business hours.
(8)
Duration. The amusement arcade's license shall be for a twelve-month
period corresponding with the City of Mendota's fiscal year commencing
May 1.
(9)
License fee. The amusement arcade operator's license fee shall be
set from time to time by the City Council. In addition to the amusement
arcade operator's license fee, there is hereby imposed on every coin-operated
amusement device within the amusement arcade a sum as set from time
to time by the City Council for every transfer of or replacement of
any such machines. No proration of the annual license fee shall be
made for periods of operation less than one year.[4]
(10)
Privilege. The license required and described in this article
shall be a purely personal privilege and shall not constitute property.
It is not transferable in any manner.
(11)
Posting of license. Every amusement arcade licensed under this
article shall have its license posted on the premises in plain view.
(12)
Revocation. The Mayor shall have the right to revoke any license
issued hereunder for the violation of any of the provisions of this
article.
(13)
No alcoholic beverages. No sale or consumption of alcoholic
beverages shall be permitted on the amusement premises.
D.
Distributors.
(1)
It shall be unlawful for any person, firm, corporation, partnership
or association to distribute or cause to be distributed any amusement
device within the municipal limits of the City without first having
obtained a distributor's license.
(2)
Application for a distributor's license shall be made to the City
Clerk and shall set forth the full name and address of the applicant
or applicants, or the names and addresses of the partners if the applicant
is a partnership or the names and addresses of the officers of the
corporation if the applicant is a corporation, and the present or
last occupation of the applicant at the time of the filing of the
application. The application shall be signed by the applicant.
(3)
The application for a distributor's license shall be referred by
the City Clerk to the Committee on Finance, Ordinance, Building and
Zoning of the City Council, and said Committee shall investigate the
applicant and shall make its report and recommendation on the application
to the Mayor.[5]
(4)
Each application for a distributor's license issued hereunder shall
be accompanied by an annual fee as set from time to time by the City
Council, and said fee shall be paid to the City Clerk at the time
application is made.[6]
(5)
A distributor's license shall be issued for the period May 1 to April
30, inclusive, of each year.
(6)
Upon approval of the application for a distributor's license by the
Mayor, with the consent and approval of the City Council, the distributor's
license shall be issued.
(7)
The distributor's license may be issued for any fractional portion
of a license year of not less than one month, and the distributor's
license fee shall be prorated accordingly. Said distributor's license
shall not be assignable or transferable, and there shall be no rebate
on any distributor's license which is terminated before the end of
the license period.
(8)
Any distributor's license issued under this subsection shall be subject
to revocation or suspension for violation of any ordinance of the
City or just cause by the Mayor with the consent and approval of the
City Council. The licensee shall first, however, be given an opportunity
to be heard after due notice, and a determination shall be made. The
acceptance of any license under this subsection shall constitute an
agreement between the parties to such license that the same may be
so revoked.
(9)
It shall be unlawful for any person, firm, corporation, partnership
or association to violate any provision of this article.
(10)
Further, a distributor shall not be defined as licensed under
the Video Gaming Act, 230 ILCS 40/1 et seq., to buy, sell, lease,
or distribute video gaming terminals or major components or parts
of video gaming terminals to or from terminal operators.
[Added by Ord. No. 05-21-12; amended by Ord. No.
06-04-12]
E.
Video gaming.
[Added by Ord. No. 05-21-12; amended by Ord. No.
06-04-12]
(1)
Participants in any of the following activities shall not be convicted
of gambling:
(a)
Manufacture of gambling devices, including the acquisition of
essential parts therefor and the assembly thereof, for transportation
in interstate or foreign commerce to any place outside this state
when such transportation is not prohibited by any applicable federal
law; or the manufacture, distribution or possession of video gaming
terminals, as defined in the Video Gaming Act, by manufacturers, distributors
and terminal operators licensed to do so under the Video Gaming Act.
(b)
Video gaming terminal games at a licensed establishment, licensed
truck stop establishment, licensed fraternal establishment, or licensed
veterans establishment when conducted in accordance with the Video
Gaming Act.
(2)
Commencing upon adoption of this subsection, an annual fee of $250
is hereby imposed upon each video gaming terminal operated by a license
establishment, licensed fraternal establishment, licensed verterans
establishment or licensed truck stop establishment within the City
of Mendota in accordance with the provision of the Illinois Video
Gaming Act, 230 ILCS 40/1 et seq. (the "Act"). The fee paid for each
video gaming terminal shall be for the fiscal year May 1 through April
30, and any fee paid during the fiscal year shall apply until the
end of the fiscal year in which paid. Any continuing operation of
a video gaming terminal shall require the payment of a new annual
fee on or before May 1 of each year for the ensuing fiscal year. The
cost of the fee shall be shared equally between the terminal operator
and the applicable licensed establishment, as required by the Act.
The application fee is not subject to reimbursement or refund upon
denial of a license. Said fees are not subject to proration or refund
and are due prior to the issuance of the license. All licenses shall
be prominently displayed next to the video gaming terminal.
[Amended by Ord. No. 04-06-15A; Ord. No. 02-22-22]
(3)
Application for permit. Every licensee shall make application to
the City Clerk's office for a permit, and shall pay the annual fee
for each video gaming terminal operated. The application shall designate
the name of the licensee, the location of the licensed establishment
operating the video gaming terminal, the number of video gaming terminals
operated at that location, and shall include a copy of the license
issued by the State of Illinois for the operation of the video gaming
terminal. No permit shall be issued to any person whose video gaming
terminal is not licensed by the State of Illinois for the location
for which the permit is sought.
(4)
Play by minors prohibited; penalties. No person under the age of
21 years shall be permitted to use or play a video gaming terminal,
and any licensee who shall permit a person under the age of 21 years
to use or play a video gaming terminal shall be subject to fine or
have his or her licenses issued under this article suspended or revoked.
(5)
Penalty for violation. Any person, firm or corporation violating the provisions of this subsection by operation of a video gaming terminal without having obtained the permit and paid the annual fee therefor, or by operating a video gaming terminal in violation of any provision of this subsection, shall be guilty of a petty offense, and shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code, and the license or licenses shall be subject to suspension or revocation as herein provided. Each day that a video gaming terminal is operated in violation of this subsection shall constitute a separate offense.[7]
(6)
Inspection of records. Each licensee shall permit the inspection
of the books and records of the licensee pertaining to and reflecting
operation of each video gaming terminal of the licensee at the request
of any law enforcement officer of the City or the State of Illinois
at all reasonable times.[8]
The audience of any amusement, show or theatrical must be orderly
and quiet at all times, and it shall be unlawful for any person attending
such amusement, show or theatrical to create a disturbance in the
audience. It shall be unlawful to permit or gather such a crowd to
witness any amusement or show so as to create a dangerous condition
because of fire or other risks.
It shall be the duty of the Chief of Police to see that every
exhibition, amusement, theatrical or other public show or amusement
is inspected by a member of the Police Department, and to ensure conformity
with the provisions concerning such amusements.
It shall be unlawful for any person to present, exhibit, conduct
or take part in any indecent show, theatrical, play, motion picture,
exhibition or other form of public amusement or show.
It shall be unlawful to present any public amusement or show
of any kind which tends to or is calculated to cause or promote any
riot or disturbance.[1]
A.
NET PROCEEDS
RAFFLE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The gross receipts from the conduct of raffles, less reasonable
sums expended for prizes, local license fees and other reasonable
operating expenses incurred as a result of operating a raffle.
A form of lottery, as defined in Section 28-2(b) of the Criminal
Code of 2012 (720 ILCS 5/28-2), conducted by an organization licensed
under 230 ILCS 15/2, in which:
The player pays or agrees to pay something of value for a chance,
represented and differentiated by a number or by a combination of
numbers or by some medium, one or more of which chances is to be designated
the winning chance;
The winning chance is to be determined through a drawing or
by some other method based on an element of chance by an act or set
of acts on the part of persons conducting or connected with the lottery,
except that the winning chance shall not be determined by the outcome
of a publicly exhibited sporting contest.
B.
License required. It shall be unlawful for any person, firm or corporation
to conduct raffles without having first obtained a license therefor
pursuant to this section. The license and application for license
shall specify the area or areas within the City of Mendota in which
the raffle chances will be sold or issued, the time period during
which raffle chances will be sold or issued, the time of determination
of winning chances and the location or locations at which winning
chances will be determined. The license application submitted to the
City must contain a sworn statement attesting to the not-for-profit
character of the prospective licensee organization, signed by the
presiding officer and the secretary of that organization.[1]
C.
Licenses issued. Licenses shall be issued to bona fide religious,
charitable, labor, fraternal, educational or veterans' organizations
that operate without profit to their members and which have been in
existence continuously for a period of five years immediately before
making application for license and which have had during that entire
five-year period a bona fide membership engaged in carrying out their
objectives, or to a nonprofit fund-raising organization that the licensing
authority determines is organized for the sole purpose of providing
financial assistance to an identified individual or group of individuals
suffering extreme financial hardship as the result of an illness,
disability, accident or disaster.[2]
D.
Sale of raffle. The sale of raffle chances shall be conducted only
within the borders of the City.
E.
Restrictions on raffles.
(1)
The entire net proceeds of any raffle must be exclusively devoted
to the lawful purposes of the organization permitted to conduct that
game.
(2)
No person except a bona fide member of the sponsoring organization
may participate in the management or operation of the raffle.
(3)
No person may receive any remuneration or profit for participating
in the management or operation of the raffle.
(4)
A licensee may rent a premises on which to determine the winning
chance or chances in a raffle only from an organization which is also
licensed under this section.
(5)
Raffle chances may be sold or issued only within the area specified
on the license, and winning chances may be determined only at those
locations specified on the license.
(6)
No person under the age of 18 years may participate in the conducting
of raffles. A person under the age of 18 years may be within the area
where winning chances are being determined only when accompanied by
his parent or guardian.[3]
F.
Gross receipts. Each organization licensed to conduct raffles shall
segregate its gross receipts from other revenues of the organization
and shall keep records of said gross receipts, expenses and net proceeds
and may be required to file the same with the City of Mendota.
G.
H.
Suspension and revocation of license.
(1)
Violation of any provision of this section or of 230 ILCS 15/1 through
15/8 shall constitute a Class C misdemeanor. In addition, the City
may suspend or revoke any license granted hereunder.
(2)
Any person, firm or corporation conducting raffles shall comply with
all of the provisions of 230 ILCS 15/1 through 15/8, as amended from
time to time.
