[2003 Code]
The language set forth in this chapter shall be interpreted in accordance with the following rules of construction:
A. 
The singular of any word includes the plural thereof, and the plural of any word includes the singular thereof.
B. 
The word "shall" is mandatory; the word "may" is permissive.
C. 
Wherever in this chapter the following words and terms are used, they shall have the meanings respectively ascribed to them as follows, except when the context indicates otherwise:
AMUSEMENT ARCADE
Any building or structure or portion thereof within which are kept for use or operation of the public four or more automatic amusement devices which shall be subject to the amusement license fee established by the City.
ATTENDANT
An owner, agent or employee of a licensee, provided such owner, agent or employee is over the age of 21 years.
AUTOMATIC AMUSEMENT DEVICE
Any "coin in the slot operated amusement device" or any "table game", which devices are defined as follows:
1. 
COIN IN THE SLOT OPERATED AMUSEMENT DEVICEA machine or other device designed for self-service use and designed upon the insertion of a coin to deliver to the player/operator thereof no money or property or right to receive money or property but only the right of operation or play, which machine or other device shall include, but not be limited to, pinball machines, shuffleboards, bowling machines and any photoelectric or electronic amusement device which in its operation shoots or propels an electric light, ray or impulse to a target but which machine or other device shall not include merchandise vending machines.
2. 
TABLE GAMEAny device, whether controlled by skill or chance, for the operation of a game, pastime or contest by the manipulation of a marble, sphere, or of objects or figures, or by controlling the movement of same, or by setting same in motion by electrical, electronic and/or mechanical means which (for the purpose of construing the terms within this chapter) "device" shall not include any of the following:
a. 
Bagatelle table, a table having nine holes for the playing of a game somewhat like pocket billiards, played with cues but with nine balls.
b. 
Billiards, a game played upon a billiard table having no holes, played with cues and with three balls.
c. 
Bumper pool, a game played upon a billiard table having one hole at each end and bumpers in the center played with cues, somewhat like pocket billiards but with 11 balls.
d. 
Pool or pocket billiards, any number of variations of a game played upon a billiard table having six holes (one in each corner and one at the center of both of the longer sides of such table) or pockets, played with cues and one through 15 balls.
BILLIARD PARLOR OR POOL HALL
An establishment operated for profit and offering the use of one or more billiard tables to the public.
BILLIARD TABLE
An oblong, felt covered table that has raised, cushioned edges and upon which the games of bagatelle, bumper pool, billiards or pocket billiards or pool (all as described in the definition of "automatic amusement device: table game" in this section) are played; commencement of playing upon which table is not prompted by the insertion of a coin.
BOWLING ALLEY
A building or structure housing at least one lane for rolling composition balls at 10 pins; the commencement of play upon such alley is not prompted by the insertion of a coin.
CAUSE THE REMOVAL
Requesting persons involved with illegal activity (or activity in violation of the City Code) to leave the premises and, if such person to whom the request is directed refuses to leave the premises, calling the police department and making formal complaint against such persons involved with such illegal activity.
[Amended 9-3-2019 by Ord. No. 19-09-09-50]
COIN
A piece of metal certified by a mark or marks upon it as being of a definite intrinsic or exchange value and issued by the United States government for use as money but which, for purposes of this chapter, may include any slug, token, plate or disc which, when inserted in a slot, may prompt the commencement of the operation of any coin in the slot operated amusement device.
LICENSED PREMISES
Any premises upon which a duly licensed amusement arcade, bowling alley, billiard parlor or pool hall is located.
[Amended 9-3-2019 by Ord. No. 19-09-09-50]
LICENSEE
A person, firm or corporation holding a license pursuant to the terms of this chapter.
PUBLIC
The community at large.
VIDEO GAMING TERMINAL
Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.
[Added 9-3-2019 by Ord. No. 19-09-09-50]
[1975 Code § 32.05; amended by 2003 Code; 9-3-2019 by Ord. No. 19-09-09-50]
A. 
Amusement Establishments:
1. 
It shall be unlawful for any person to install, maintain or operate for use by the public any amusement arcade, billiard parlor, pool hall, or bowling alley, except in compliance with the provisions of this chapter.
2. 
It shall be unlawful for any person to install, maintain or operate for use by the public any amusement arcade, billiard parlor, pool hall, or bowling alley without first having applied for and obtained a business license from the City Clerk in the manner provided in Chapter 3-1 of this title.
B. 
Amusement Devices: It shall be unlawful for any person to keep, own or rent any music machine, skill or similar entertainment device or machine operated either by coins, slugs, tokens or similar remuneration in any building, room, or public place in the City without first having obtained a license from the City.
[Added 9-3-2019 by Ord. No. 19-09-09-50]
A. 
Amusement Establishments: All fees for business licenses required by reason of the regulations contained in Section 3-5-2A of this chapter shall be paid in advance at the time application therefor is made to the City Clerk in the amount prescribed by the City.
B. 
Amusement Devices: License fees for skill or entertainment devices shall be $25 per year for one or more machines, said fee to be paid for the privilege of having one or more machines at any location. Such fee shall be due per building, room or public place in the City, it being the intention of the City that at one location under the name of one owner of the business at that location that should the owner have any such skill or entertainment machines at said location, the fee due annually for the license for such skill or entertainment devices at that location under the same ownership shall be $25 per year.
C. 
Video Gaming Terminals: License fees for video gaming terminals shall be $25 per year per terminal, said fee to be paid at Le Roy City Hall for the privilege of having such machines at the licensee's location. Said fee shall be paid on or before April 30 of each year.
[1]
Editor's Note: Former § 3-5-3, License Fees, was repealed Ord. 07-04-03-10, 4-30-2007.
[2003 Code]
A. 
Generally: The premises upon which is located any amusement device licensed under the provisions of this chapter shall be operated in accordance with the following regulations:
1. 
Gambling Prohibited: It shall be unlawful to permit gambling on the premises. Any licensee or attendant who observes any gambling on the premises or has reasonable grounds to suspect that gambling is taking place shall immediately cause the removal from the premises of such persons as are involved in the gambling activity. Notwithstanding, video gaming terminals may be operated in accordance with the Video Gaming Act (230 ILCS 40/1 et seq.) and the regulations of the Illinois Gaming Board promulgated thereunder, at licensed establishments, and nothing in this chapter shall be construed to prohibit video gaming terminals operated at licensed establishments in accordance with the Video Gaming Act.
[Amended by Ord. 12-08-05-50, 8-20-2012; 9-3-2019 by Ord. No. 19-09-09-50]
2. 
Noise Prohibited: It shall be unlawful for any licensee or attendant to permit any noise, either by mechanical or electronic means, or noise on the part of the patrons, which shall cause a disturbance to uses adjacent and/or surrounding the licensed premises as would cause the normal use of said adjacent and/or surrounding uses to be damaged or unreasonably disturbed.
3. 
Intoxicated Persons Prohibited: It shall be unlawful for any licensee or attendant to permit any individual under the influence of alcohol or drugs on the licensed premises. Any licensee or attendant who observes or reasonably suspects any individual on the licensed premises to be under the influence of alcohol or drugs shall immediately cause the removal of the individual from the licensed premises.
4. 
Report Of Disturbances: All licensees and attendants shall have the affirmative duty to report to the police department any and all incidents or a disturbance of the peace which takes place within the licensed premises or outside the licensed premises within 100 feet from the entrance, whether personally observed or upon observation and notification by another.
5. 
Crowding: It shall be the responsibility of the licensee to see that the licensed premises does not become overcrowded so as to constitute a hazard to the health or safety of persons therein.
B. 
Additional Regulations For Arcades:
1. 
Food, Drinks And Smoking Prohibited: No food, drinks or smoking shall be allowed within the amusement arcade, and no cigarette machines shall be installed.
2. 
Closing Hours: The licensed premises shall not be open to the public prior to 9:00 a.m., nor after 10:30 p.m. on Mondays through Thursdays; said premises shall not be open to the public prior to 9:00 a.m. nor after 11:30 p.m. on Fridays and Saturdays; and said premises shall not be open to the public prior to 12:00 noon nor after 10:30 p.m. on Sundays.
3. 
Building And Premises Requirements:
a. 
Any amusement arcade shall be contained within a completely enclosed building which shall have no openings other than self-closing doors and/or stationary insulated glass windows facing any adjacent residentially zoned or developed property.
b. 
Any amusement arcade shall be insulated to prevent excessive lights, noise or any other offensive factors from penetration into or onto any property within 100 feet of said amusement arcade.
c. 
Any amusement arcade shall be physically separated from a business establishment of another character whenever such amusement arcade is located within, or in conjunction with, said business. Such physical separation shall be by way of partitions, doors, etc., which insulate said business from the noise of the amusement arcade.
4. 
Attendants: During the hours that any licensed amusement arcade is in operation, each licensee shall provide one full time attendant for each 20 automatic amusement devices, or fractional portion thereof, located upon the licensed premises.
C. 
Video Gaming Terminals: Video gaming terminals licensed and located within the corporate limits of the City of Le Roy must comply with all requirements identified in the Video Gaming Act (230 ILCS 40/1 et seq.) and the Illinois Gambling Act (230 ILCS 10/1 et seq.), as well as the regulations set forth by the Illinois Gaming Board (Title 11, Subtitle D, Chapter I, Part 1800: Video Gaming), including the maximum number of video gaming terminals permitted based on the licensed establishment type. In addition, licensees must comply with all other applicable municipal requirements under the Le Roy City Code, including, but not limited to, zoning, business operations, liquor licensing, and public safety.
[Added 9-3-2019 by Ord. No. 19-09-09-50]
[2003 Code]
It shall be unlawful for any person to maintain upon any premises in excess of three automatic amusement devices unless the premises is licensed by the City as an amusement arcade.
[Ord. 12-08-05-50, 8-20-2012; amended 9-3-2019 by Ord. No. 19-09-09-50]
Nothing in this chapter shall be construed to permit any gambling device or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to any future laws of the state. Notwithstanding, video gaming terminals may be operated in accordance with the Video Gaming Act (230 ILCS 40/ 1 et seq.) and the regulations of the Illinois Gaming Board promulgated thereunder, at licensed establishments, and nothing in this chapter shall be construed to prohibit video gaming terminals operated a licensed establishments in accordance with the Video Gaming Act.
[2003 Code]
Any person convicted of violating any provision of this chapter shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code.