[Amended 6-15-2015 by Ord. No. 2015-02]
It is the desire of the Village to provide for the regulation
and supervision of business establishments which maintain amusement
devices for public use. It is the intent of this chapter to ensure
that such establishments are operated in an orderly manner and that
such machines are not used for illegal gambling and do not constitute
a public nuisance or contribute to disturbances of the peace.
For the purpose of this chapter, the following definitions shall
apply:
AMUSEMENT ARCADE
Any establishment or location at which 15 or more amusement
devices, as defined in this chapter, are maintained for public use.
Amusement devices which are maintained in a private residence and
which are not held out for public use do not constitute an amusement
arcade under this chapter.
[Amended 1-7-2019 by Ord.
No. 2019-01]
AMUSEMENT DEVICE
Any machine, whether mechanical or electronic, or other device
which is held out for public use as a game of entertainment, amusement,
skill or chance, whether or not a fee is charged for such play. Amusement
devices include, but are not limited to, pinball machines, electronic
game machines and pool tables. Amusement devices do not include gambling
devices as defined in Wis. Stats. § 945.01(3).
[Amended 2-6-2017 by Ord.
No. 2017-14]
GOOD MORAL CHARACTER
Conduct consistent with that of the average person with regard
to reputation, citizenship, decency, honesty and respect for law and
order. The following, without limitation due to enumeration herein,
shall be considered to be evidence of activities inconsistent with
good moral character:
A.
Conviction, within five years preceding application for license
or permit, of a crime involving moral turpitude.
B.
Conviction of the offenses of contributing to the delinquency
of minors, exposing minors to harmful materials, liquor law violations
involving minors, sex offenses or sexual assaults involving minors,
or offenses against the Controlled Substances Act, which offenses are hereby deemed to be of special concern,
affecting the health, safety and welfare of youth.
C.
Being the subject of any criminal prosecution for a crime involving
moral turpitude in the courts of any state or of the federal government.
Nothing herein shall be construed to prevent any such person from
reapplying for a license or permit under this chapter after the conclusion
of said proceedings.
[Amended 6-15-2015 by Ord. No. 2015-02]
Exempted from the provisions of this chapter shall be:
A. Educational, religious, and charitable institutions and fraternal
organizations which prohibit use of games of amusement on their premises
by the general public and are nonprofit organizations.
B. Those places of business and institutions which provide games of
amusement for use on an occasional basis. "Occasional basis" is defined
herein as no more than three times per year.
The licensee or permittee under this chapter shall comply with
the following requirements:
A. The total number of amusement devices may not exceed the maximum
number specified on the permit or license at the location for which
the permit or license was granted.
B. The license or permit certificate shall be displayed in a public
area of the premises.
C. No amusement device covered by this chapter may be used in violation
of Ch. 945, Wis. Stats.
D. There shall be constant, adequate supervision by an adult supervisor
on the premises of persons using the premises, so as to prevent violation
of any law or ordinance.
E. Music or noise generated by any device shall not unreasonably disturb
the owners or occupiers of adjoining property, including property
next to, above and below the licensed premises.
F. Premises in which amusement devices are located and used by the public
shall, at all times, be kept in a clean, healthy and sanitary condition
with ample approved lighting and ventilation, in accordance with Village
Code requirements; operation shall at all times be in conformance
with Village building and zoning codes.
G. Amusement arcade licenses and amusement device permits shall not
be transferable. Upon the dissolution of the business in whose name
the license or permit is issued, or in the event of the death of the
license or permit holder, said license or permit shall immediately
terminate. However, one amusement device may be substituted for another
without permission from the Village.
[Amended 6-15-2015 by Ord. No. 2015-02]
H. There shall be no operation of amusement devices, as defined herein,
without a license or permit, during suspension or after revocation.
[Amended 6-15-2015 by Ord. No. 2015-02]
I. No intoxicating liquor or fermented malt beverage may be possessed
or consumed on the premises unless the premises is licensed for such
purpose, nor may controlled substances, as defined in Ch. 961, Wis.
Stats., be consumed on the premises.
J. No person under the age of 18 years shall be permitted on the licensed
premises where the use of games of amusement is offered to the public
for a fee before the hour of 3:00 p.m. on any day the East Troy public
schools are in session, unless accompanied by his/her parent or legal
guardian.
K. No person under the age of 18 years shall be permitted on the licensed
premises where the use of games of amusement is offered to the public
for a fee after the hour of 11:00 p.m. on any day, unless accompanied
by his/her parent or legal guardian.
[Amended 6-15-2015 by Ord. No. 2015-02]
A. The Village Board of the Village of East Troy may suspend or revoke
any license or permit issued pursuant to this chapter at any time,
for any reasonable cause, which shall be in the best interest and
good order of the Village, provided that the licensee or permittee
shall be accorded due process of law. Cause for such revocation, suspension
or denial shall include, without limitation for lack of reference
herein, any violation of the provisions of this chapter, or other
provisions of the East Troy Municipal Code, relevant to the operation
of said business. A license or permit may be suspended and machines
sealed by the Chief of Police or his designee whenever there is reasonable
cause to believe that there is an immediate threat to the public health,
safety or welfare by violation of a law or ordinance. Such suspension
shall not be effective for more than 10 days without a hearing, unless
agreed to by the Village and the licensee or permittee.
B. No refund shall be made of fees paid by a licensee or permittee subject
to suspension or revocation.
C. Enforcement; general penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-4 of this Code.