[HISTORY: Adopted by the Board of Trustees of the Village
of Wild Rose. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any premises operated by an organization, whether incorporated
or not, which is the owner, lessee or occupant of a building whose
primary purpose or object of its existence or operation is that of
providing use of amusement devices to the public at retail and/or
any premises operated by any organization, whether incorporated or
not, which is the owner, lessee or occupant of a building the majority
of whose gross receipts are derived from the providing of use of amusement
devices to the public at retail.
Any table, platform mechanical device or apparatus operated
or intended to be operated for amusement, pleasure, test of skill,
competition or sport, the use or operation of which is conditioned
upon payment of a consideration either by insertion of coin or token
in a slot or otherwise. Such amusement device shall include, but not
be limited to, devices commonly known as "baseball," "football," "basketball,"
"hockey," "pinball," "shuffleboard," "ray guns," "bowling games,"
"bumper games," "skee ball," and "electronic video games," and shall
also include billiard tables and pool tables (whether coin-operated
or not). Such definition does not include a bowling alley, jukebox
or other coin-operated music machine or mechanical children's amusement
riding device.
A.
License required. No person, firm or corporation shall operate or
keep an amusement parlor, as defined herein, without having obtained
and posted on the premises, in plain view, a license to operate such
parlor. Application shall be made to the Clerk-Treasurer on the form
provided by such office, accompanied by an application fee of $50,
which shall cover the cost of processing the application and shall
be nonrefundable. The application shall set forth the following information:
(1)
The name and address of the applicant or, if a partnership, the name
and addresses of all the partners or, if a corporation, the names
and address of the principal officers and registered agent thereof,
and the name and address of the person who will supervise the game
room.
(2)
The name and address of the owners of the amusement devices to be
located on the licenses, if such owners are different from that of
the applicant. If the owners of the amusement devices are a partnership,
the names and addresses of all the partners or, if a corporation,
the names and addresses of the principal officers and registered agent
thereof.
(3)
A building plan of the premises to be licensed specifically describing
and otherwise showing all dimensions, indicating the intended division
of floor space, exits and entrances, and the areas to be used for
amusement devices and the common aisles.
(4)
A site plan of the premises to be licensed which shall include the
proposed landscaping located on property adjacent to and within 20
feet of the property lines of the premises to be licensed.
(5)
If the applicant operates other game rooms in other areas, the names
and addresses of such other licensed establishments.
(6)
Such application shall also contain such additional information as
the Village deems necessary to assist it in determining the qualifications
of the applicant for such license.
B.
Public hearing. The application shall be forwarded to the Village
Board, which shall hold a public hearing prior to the granting or
denial of any amusement parlor license. In reviewing each application,
the Village Board shall find:
(1)
That the establishment, maintenance or operation of an amusement
parlor at the location requested will not be detrimental to, or endanger,
the public health, safety, morals, comfort or general welfare.
(2)
That the proposed amusement parlor will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purpose already permitted, nor substantially diminish and impair property
values within the neighborhood.
(3)
That the establishment of the amusement parlor will not impede the
normal orderly development and improvement of the surrounding property
for uses permitted in the district.
(4)
That adequate measures have been, or will be, taken to maintain good
order surrounding property for uses permitted in the district.
C.
Issuance of license; term. The Clerk-Treasurer shall issue a license
upon approval of the application by the Village Board, upon the payment
by the applicant of an annual license fee of $150. All licenses issued
herein shall be for one year ending on the 30th day of June and shall
not be transferable.
A.
No premises for which an amusement parlor license has been issued
shall be permitted to remain open for the offering of electronic amusement
devices to the public at retail between the hours of 12:00 midnight
and 10:00 a.m., except that on any evening before a regularly scheduled
school attendance day, the closing hours shall be between 10:00 p.m.
and 10:00 a.m.
B.
No premises for which an amusement parlor license has been issued
and which is less than 1,000 feet from the main entrance of an established
public or parochial school shall be permitted to remain open for the
offering of amusement devices to the public at retail between the
hours of 10:00 p.m. and 3:00 p.m. on any day in which such school
is in regular session.
The following general requirements shall apply to all amusement
parlors licensed in accordance with this chapter:
A.
All amusement parlors shall have an adult supervisor on the premises
at all times in which the game room is open to the public.
B.
Every amusement parlor shall provide an adequate area and number
of bicycle racks for the orderly parking of bicycles, which area shall
be separate from a required vehicle parking stall and shall be so
located as to not occupy any portion of a public sidewalk or to otherwise
obstruct pedestrian passage to and from the premises.
C.
Game rooms licensed herein shall comply with all other building,
fire code and applicable Village laws and regulations.
Licenses may be revoked by the Village Board after a hearing
in the event an amusement parlor's location or operation fails to
conform to standards provided in this chapter or violates any other
provision of the Code.
[Added at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable as provided in § 1-1-8, General penalty.
