[Code 1993, § 12.05(1); amended 6-22-2015 by Ord. No. 05-2015]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AMUSEMENT CENTER
Any business, excluding one for which the Village has issued a "Class B" fermented malt beverage and intoxicating liquor license, that has on its premises five or more amusement devices as defined in this section and available for use by the public. If the application for an operator's license as required by § 46-72(a) reveals that five or more of such amusement devices shall be in operation, upon approval of such application by the Village Board, the applicant shall pay to the Village the fee in § 46-431 for each such amusement center, together with the fee per each device as required by § 46-72(b).
COIN-OPERATED AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate, disc or similar item, may be operated as a game, entertainment, contest of skill or amusement, whether or not registering a score. Such term shall include, but not be limited to, such devices as electronic or mechanical game machines, pinball machines, bowling machines, pool tables, jukeboxes and any other mechanical or electronic games or operations similar thereto, except such term shall not include coin-operated merchandise vending machines.
OPERATOR
Any owner, lessee, manager or employee of an amusement center who manages or operates an amusement center or business at which one or more coin-operated amusement devices are operable.
OWNER
The person, firm, partnership or association which owns an amusement center or which owns a business at which one or more coin-operated amusement devices are operable.
[Code 1993, § 12.05(2)]
(a) 
Operator's license. No person shall set up for operation, maintain, keep or permit on a premises owned, leased or controlled by him any amusement device without having obtained an operator's license as provided in this article. Every applicant for an operator's license shall make application to the Village Board on a form furnished by the Clerk-Treasurer. Such application shall state the applicant's name, residence address, address at which the amusement devices are to be located and the number of amusement devices. All applicants shall have been residents of the state continuously for at least one year prior to the date of filing the application and shall be 18 years of age or older. Licenses may be granted by the Village Board for a period not to exceed one year. Applications shall be filed for renewal of the license in the same manner as for an original license. If a license is issued after the beginning of the license year, the fee shall be 1/12 of the annual fee for each month, or fraction thereof, remaining in the license year. Such license shall not be transferable. The licensee may replace an amusement device any number of times by another amusement device, but at no time shall such amusement devices on any one premises exceed the number permitted by the license relating to the premises.
(b) 
Amusement center license. If the application for an operator's license reveals that five or more amusement devices shall be in operation, upon approval of such application by the Village Board, the applicant shall pay the amusement center license fee set forth in § 46-431, plus the fee for each amusement device.
(c) 
Distance requirement. No amusement center license or coin-operated amusement device license shall be granted for any place of business located within 300 feet of any church building, school building, hospital building or nursing home building unless a license granted under this article was in effect prior to the occupation of real property within 300 feet thereof by such institution or facility. Such distance shall be measured along the shortest route, by sidewalk or street, from the main entrance of the proposed licensed premises to the main entrance of any such institution or facility.
[Code 1993, § 12.05(3); Ord. No. 4-04, § 12.05(3)(g), 4-26-2004]
(a) 
Use by minors during school hours. No owner, operator or person in charge of an amusement center shall permit any person under the age of 18 years to play or use a coin-operated amusement device during the normal academic school year for Racine Unified School District between 7:00 a.m. and 3:00 p.m. on any day in which regular classes are in session, except if such minor is present with his parent, guardian or adult spouse.
(b) 
Use by minors during certain hours. No owner, operator or person in charge of an amusement center or business holding one or more coin-operated amusement device licenses shall permit any person under the age of 18 years to play or use any coin-operated amusement device between 9:00 p.m. and 8:00 a.m. unless such minor is accompanied by his parent, guardian or other adult person having legal custody or control of the minor.
(c) 
Locking entrance; inspections. The entrance to any amusement center licensed under this article shall not be locked during any time that the amusement center is open for business. Each licensee of an amusement center agrees that Village officers and employees charged with law enforcement or inspection functions may enter the licensed premises at any time during normal business hours for the purpose of inspecting the premises and enforcing the laws and ordinances relating to the operation thereof.
(d) 
Lighting. At all times that an amusement center licensed under this article is open for business, lighting shall be provided throughout the amusement center in the amount of not less than 25 footcandles, measured at the playing surface level of each amusement device.
(e) 
Excessive noise. No operator or owner of an amusement center or business to which one or more coin-operated amusement device licenses are in effect shall permit the level of sound resulting from operation of the amusement center or coin-operated amusement devices to exceed the limitations in the zoning ordinance (Chapter 90 of this Code).
(f) 
Hours of operation. No operator or owner shall permit an amusement center licensed under this article to be open between the hours of 11:00 p.m. and 9:00 a.m. of any day, except upon application and consent of the Village Board and except that this subsection shall not apply to any premises which is licensed to dispense alcohol beverages.
Any person convicted of a violation of the following provisions shall be punished as follows:
Section
Violation
Penalty
6-13(r)
Gambling or use of games of chance which are prohibited
$50
46-72(b)
Failure to obtain amusement center license
$50
46-73(c)
Failure to comply with inspection requests
$100
Any other ordinance
20