[12-21-1981; amended 7-6-2021]
As used in this chapter, unless the context otherwise indicates, the words defined hereinbelow shall have the following meanings:
AUTOMATIC AMUSEMENT DEVICE
Any machine, which, upon the insertion of a coin, slug, token, plate or disc or otherwise by payment of a fee, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, foosball, skill ball, automatic grab machines and all games, operations, or transactions similar thereto under whatever name they may be indicated. "Automatic amusement device" does not include a video gaming terminal as defined in the Illinois Video Gaming Act (230 ILCS 40/5) and lawfully licensed and operated in accordance with this code.
PERSON, FIRM, CORPORATION, ASSOCIATION
A. 
Any person, firm, corporation or association which owns any such machine.
B. 
The person, firm, corporation or association having control over such machine.
C. 
Provided, however, that the payment of such fee by any person, firm, corporation or association enumerated herein shall be deemed a compliance with this section.
[12-21-1981; amended 7-6-2021]
Any person displaying for public patronage or keeping for operation any automatic amusement device, as herein defined in § 5-5-1, shall be required to obtain a license from the Village, upon payment of a license fee.
[12-21-1981; amended 7-6-2021]
A. 
The Village Clerk shall be authorized to issue a license for an automatic amusement device, if the applicant otherwise qualifies as hereinafter provided, in accordance with the following schedule:
1. 
One license for the first 2,000 square feet of floor area in the premises in which the automatic device is located or fraction thereof.
2. 
One additional license for each 1,500 square feet of floor area over and above 2,000 square feet.
B. 
Provided, however, that in no event shall there be more than four licenses issued for any one premises.
[12-21-1981]
A. 
Application for such license shall be made to the Village Clerk upon a form to be supplied by the Village Clerk for that purpose.
B. 
The application for such license shall contain the following information:
1. 
Name and address of the applicant, age, date and place of birth.
2. 
Place where machine or device is to be displayed or operated and the business conducted at that place.
3. 
Description of machine to be covered by the license, mechanical features, name of manufacturer, serial number.
C. 
No license shall be issued to any applicant unless he shall be over 21 years of age and a citizen or legal resident of the United States.
D. 
Application for license shall be made out in duplicate, one copy being referred to the Village Police Department and the other copy to the Village Building Department.
[12-21-1981]
A. 
The Police Department and the Building Department shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character and either approve or disapprove the application.
B. 
The Building Department shall inspect all wiring connected to the machine, determine if the same complies with the Electrical Code of the Village,[1] and shall either approve or disapprove the application.
[1]
Editor's Note: See Ch. 7-1C.
C. 
No license shall be issued to any applicant unless approved by the Police Department and the Building Department.
[12-21-1981; amended 1992]
Every applicant, before being granted a license, shall pay an annual license fee as set out in § 5-1-3 of this Title for the privilege of operating or maintaining for operation each mechanical amusement device as defined in § 5-5-1 herein.
[12-21-1981]
The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
[12-21-1981]
Such license may be transferred from one machine or device to another similar machine upon application to the Village Clerk to such effect and the giving of a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him.
[12-21-1981]
Every license issued under this chapter shall be subject to the right, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any mechanical amusement device contrary to the provisions of this chapter, the ordinances of the Village, or the law of the state. If after a hearing, the licensee is found to be guilty of such violations, said license may be revoked by the President and Board of Trustees upon written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged. Ten days' notice of the hearing shall be given the licensee. At such hearing the licensee and his attorney may be present and submit evidence of witnesses in his defense.
[12-21-1981; 5-21-2012]
Except as contained in the Video Gaming Act, 230 ILCS 40 et seq., nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the Village and the state.
[12-21-1981]
Any person violating any of the provisions of this chapter, in addition to the revocation of his or its license, shall be liable to a fine or penalty of not less than $50 nor more than $500 for each offense.