[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as § 7-7-2 of the 1993 Code of Ordinances.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine, device or game which, upon the insertion of
a coin, slug, token or similar item, permits a person or operator
to use the device as a game or contest of skill or amusement, whether
or not the device registers a score, and which is not a gambling device.
The term shall include, but not be limited to, electronic or mechanical
game machines, pinball machines and pool or billiard tables.
Any single premises or location at which is located more
than nine mechanical or electronic amusement devices.
Any single premises or location at which is located between
four and nine mechanical or electronic amusement devices.
A.
All devices to be licensed. Any person maintaining, operating or
permitting the operation of a mechanical or electronic amusement device
shall obtain a license to operate such device from the Clerk-Treasurer,
unless the premises on which the device is maintained or operated
is licensed as a minor or major arcade. Such license shall expire
on June 30 of each year. The applicant shall submit an application
for each place where a mechanical or electronic amusement device is
to be operated, stating the name of the owner of the device, the place
where the device is to be operated and such other information as the
Clerk-Treasurer may reasonably require. If the Clerk-Treasurer is
satisfied that the applicant meets all the requirements of this chapter,
he shall issue the license. Such license shall be conspicuously displayed
on the premises at all times while the device is operable.
B.
Minor arcade license.
(1)
Any person owning or operating a premises on which between four and nine mechanical or electronic amusement devices are kept at any one time shall, in lieu of obtaining a license under Subsection A above, obtain a minor arcade license for the premises which shall permit the holder thereof to operate or maintain the specified number of devices on the licensed premises. Such license shall expire on June 30 of each year. The license fee for a minor arcade license shall be as indicated on the Village Rate Schedule.
(2)
The application shall contain the following information:
(a)
Name and address of the applicant.
(b)
Name and address of person responsible for management of the
arcade, including a list of the dates, places and circumstances of
arrest or conviction for the violation of any local ordinance or state
or federal law related to the activity proposed to be licensed.
(c)
Address of premises where licensed activity will be conducted.
(d)
Statement of the number of devices to be kept on the premises,
describing each by make and type.
(e)
Name of the owner of the machines.
(f)
Hours of operation and manner of supervision to be provided
whenever devices are operated.
(g)
Such other information as the Clerk-Treasurer may reasonably
require.
(3)
The hours of operation and manner of supervision shall be incorporated
by reference on any arcade license or renewal thereof. No minor arcade
license shall be valid until approved by the Village Board. The license
shall be conspicuously displayed on the premises at all times during
which the arcade is in operation.
C.
Major arcade license.
(1)
Any person owning or operating a premises on which 10 or more mechanical or electronic amusement devices are kept at any one time shall, in lieu of obtaining a license under Subsection A above, obtain a major arcade license for the premises which shall permit the holder thereof to operate or maintain the specified number of devices on the licensed premises. Such license shall expire on June 30 of each year. The license fee for a major arcade license shall be as indicated on the Village Rate Schedule.
(2)
Application for a major arcade license shall be in writing on forms provided by the Clerk-Treasurer and shall contain the information required under Subsection B(2) above.
(3)
The hours of operation and manner of supervision shall be incorporated
by reference on any arcade license or renewal thereof. No major arcade
license shall be valid until approved by the Village Board. The license
shall be conspicuously displayed on the premises at all times during
which the arcade is in operation.
A.
Premises to be safe and sanitary. No license shall be granted for
any mechanical or electronic amusement device or arcade unless the
premises complies with all fire and building code requirements of
the Village and the state, provides adequate room for operation of
the devices without blocking access and is an otherwise safe and sanitary
environment.
B.
Premises to be supervised. No mechanical or electronic amusement
device or arcade license shall be granted unless the applicant therefor
shows that the premises will be adequately supervised.
C.
Orderly conduct required. The licensee shall maintain supervision
of the premises in such a manner as to ensure that no disorderly conduct,
gambling or other activity prohibited by local ordinance or state
or federal law is permitted on such premises.
D.
Department of Justice registration required. No mechanical or electronic
amusement device may lawfully be operated in the Village unless there
is affixed thereto a Department of Justice AD number, if required
by law. If any device is found in the Village without such registration
number, any police officer is authorized to summarily revoke the license
of the premises where the offense is committed.
E.
Offering of prizes or awards prohibited. No licensee under this chapter
shall advertise, make or give any reward, prize money or thing of
value to any person by reason of the operation of any mechanical or
electronic amusement device.
F.
Consent to inspection. An application for a license under this chapter
thereby consents to the entry of police or authorized representatives
of the Village upon the licensed premises at all reasonable hours
for the purposes of inspection and search, and consents to removal
from the premises and introduction into evidence in prosecutions for
violations of this chapter all things found therein in violation of
this chapter or state law.
A.
Amusement device license. Mechanical or electronic amusement device
licenses may be transferred from premises to premises during the license
year without charge. The holder of such license shall notify the Clerk-Treasurer
within 10 days of the time such transfer is made.
B.
Minor arcade license. A minor arcade license may be transferred from one premises to another or from the holder to another person upon application to the Clerk-Treasurer. The Clerk-Treasurer may grant or deny such application for transfer, and, if denied, the applicant has the right to review of such determination under Chapter 259 of this Code.
C.
Major arcade license. Major arcade licenses are not transferable.
A.
Any license issued under this chapter may be revoked for cause by the Village Board. Except for summary revocation under § 154-3D, no license shall be revoked except upon written verified complaint filed with the Village Board by a member of such body, a law enforcement officer or resident of the Village. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard. He shall be given notice of such hearing not more than 20 nor less than five days after service of the charges, except as otherwise agreed between the parties.
B.
At such hearing, the licensee shall be entitled to be represented
by counsel, shall have the right to present and cross-examine witnesses
and, upon request, may have subpoenas issued by the presiding officer
to compel the attendance of witnesses.
