[Ord. 2012-759, 12-3-2012]
Any machine which, upon the insertion of a coin, trade token,
slug, or currency, operates or may be operated as a game or contest
of skill or amusement of any kind or description, and which contains
no automatic payoff device for the return of money or trade tokens
or slugs or which makes no provision whatever for the return of money
to the player. A mechanical amusement device is further defined as
any machine, apparatus, or contrivance which is used or may be used
as a game of skill and amusement wherein or whereby the player propels
a ball, missile, dart, or other device by any force exerted by himself,
or wherein or whereby the player initiates, employs, or directs any
force generated by the machine and including mechanical musical devices
commonly known as jukeboxes or nickelodeons.
Any person, firm, association, or corporation owning, leasing
or occupying any building, room, or establishment within the City
wherein a video amusement device or mechanical amusement device is
used or played or is placed for use or play or is exhibited for the
purpose of use or play.
Any machine which, upon insertion of a coin, trade token,
slug, or currency, operates or may be operated as a game or contest
of skill or amusement of any kind or description with a video display
and which contains no automatic payoff device for the return of money
or trade tokens or slugs or which makes no provisions whatever for
the return of money to the player.
Any electronic video game machine that, upon insertion of
cash, is available to play or simulate the play of a video game, including,
but not limited to, video poker, line up, and blackjack, as authorized
by the board 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.
[Ord. 2012-759, 12-3-2012]
No person shall engage in the business of a "proprietor" as
herein defined within the City without first having obtained a license
therefor from the City for which the following license fee shall be
charged:
(A)
Each video amusement device: $100 per year.
(B)
Each mechanical amusement device: $50 per year.
(C)
Each video gaming terminal: $250 per year. The terminal fee shall
be split equally between the terminal operator and the licensed establishment.
The fee shall be billed to the terminal operator on a yearly basis.
[Amended 2-22-2022 by Ord. No. 2022-970]
[1960 Code § 2.16.030; Ord. 2013-776, 5-6-2013]
An application for a license hereunder shall be filed in writing
by each proprietor with the City Clerk, and the same shall specify:
(A)
The name and address of the applicant and, if applicant is a firm,
association or corporation, the names and addresses of the principal
officers thereof.
(B)
The citizenship of the applicant.
(C)
Age of applicant or ages of its principal officers.
(D)
Place of business of applicant, place where machine is to be operated
or displayed and the type of business therein pursued.
(E)
The name of the manufacturer of the machine or machines, the type
and serial numbers of the machines and the number of machines to be
displayed or operated.
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Upon the filing of the applications, the same shall be referred
to the Chief of Police for investigation of the reputation of applicant
or of its officers, the character of the premises whereon it is proposed
to carry on the business of the applicant, and the type and identity
of the machine to be used and for a report to the Council as to the
results of his investigation for its consideration thereof. After
such consideration and upon direction by the City Council so to do,
the Clerk shall issue the license applied for.
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[Ord. 2013-776, 5-6-2013]
No license shall be issued to any applicant who has not attained
the age of 21 years or who is not a person of good moral character
and good repute.
[1960 Code § 2.16.060]
Upon direction of the City Council, the Clerk shall issue to
each proprietor licensed hereunder numbered tags for each device or
machine, the same to be affixed to each machine in a conspicuous place
thereon. Such license may be transferred from one machine or device
to another similar machine or device upon application to the Clerk
to such effect, and the giving of the description and serial number
of such new machine or device, whereupon the Clerk shall issue a new
license and tag upon the payment of a transfer fee of $2, and provided
such new machine or device is placed at the location of the supplanted
machine; upon such transfer, the supplanted machine shall become an
unlicensed machine.
[1960 Code §§ 2.16.050, 2.16.070, 2.16.080;
Repealed by Ord. 82, 9-5-1978; Ord. 2013-763, 1-22-2013]
(A)
Posting License, Nontransferable: Any license granted hereunder shall
be posted in a conspicuous place in the establishment of the licensee.
Such license shall be nonassignable and nontransferable, and shall
apply only to the premises for which such license is issued.
(B)
Transfer Of Location: Should a licensee remove his business to another location within the City, any license issued and in force hereunder may be transferred to such new location upon application to the City Clerk giving street and number of the new location, and the approval thereof by the Chief of Police after investigation as provided for in Section 3-3-3 of this chapter.
(C)
Minors:
(D)
View Of Machine Unobstructed: Any machine or device licensed hereunder
at all times shall be placed and kept in plain view of all persons
who may be in or who may frequent any establishment wherein such machines
or devices are kept or used.
(E)
Gambling Devices Prohibited: Nothing contained in this chapter shall
in any way or manner be construed to authorize, license or permit
any illegal gambling devices or automatic payoff devices, or any mechanism
that, by judicial determination, is an illegal gambling device, unless
permitted under and in compliance with the Illinois video gaming act.[1] If any such illegal gambling device be inadvertently or
unwittingly licensed hereunder, such license shall not be construed
as legalizing such gambling device.
[1]
See 230 ILCS 40/1 et seq.
[1960 Code § 2.16.100]
The Mayor or City Council shall retain the right to revoke any
license issued hereunder for violation of any of the provisions of
this chapter or whenever, in the judgment of either, the public welfare
requires such revocation. An acceptance of any license issued under
and by virtue of the provisions of this chapter shall constitute acceptance
by any such licensee of such right of revocation, whether or not said
right is stated on the license.
