[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:
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).
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.
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.
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
| |
