[Code 1966, § 14.07]
(a)
In accordance with the provisions of W.S.A., § 125.07(3)(10),
the owner or operator of a premises holding a class "B" fermented
malt beverage and/or intoxicating liquor license issued by the Village
may set aside a day, or any part thereof, when no alcoholic beverages
are consumed, sold, or given away and permit underage persons to enter
and remain on the premises subject to the following terms and conditions:
(1)
The owner or operator must give the Village police department a seven-day
notice of intent to hold such special event.
(2)
A one-hour cushion time must be provided between the serving of the
last alcoholic beverage and the start of the special event.
(4)
All underage persons must be off the premises at least one-half hour
before sale of alcoholic beverages can begin or be resumed.
(5)
Adequate supervision must be provided by the owner or operator during
the special event to ensure that no alcoholic beverages are consumed.
[Ord. No. 617, § I, 3-3-1998; Ord. No. 775, § I, 10-18-2005; Ord. No. 810, § I, 11-20-2007]
(a)
AMUSEMENT DEVICE
OPERATOR
Definitions. As used in this section, the following words, terms
and phrases have the following meanings, unless the context clearly
indicates that a different meaning is intended:
Any machine, game, table or device other than a gambling
machine defined by statute which is designed, intended or used as
a test of skill or entertainment and may be operated by the manipulation
of buttons, dials, trigger devices or electrical impulses upon the
insertion of a coin or token or the use of which is made available
for any valuable consideration; and such amusement device shall include,
but not be limited to, devices commonly known as pinball machines,
video games, electronic games, and all games or operations similar
thereto under whatever name they may be indicated. Such definition
does not include a bowling alley, coin-operated music machines, mechanical
amusement riding devices, coin-operated vending machines or coin telephones.
Any person owning, operating or leasing an amusement device
installed or set up for use in the Village.
(b)
General requirements. The following general requirements shall apply
to operation and maintenance of amusement devices:
(1)
No amusement device shall be permitted where the reward for skill
in its operation is not plainly posted upon each such machine or device
or where the opportunity of a reward for skill in its operation is
not the same for each individual player.
(2)
No gambling or individual wager on any amusement device shall be
permitted, and if any such device provides replays, no person shall
buy back replays.
(3)
No amusement device shall be placed in any required exit path of
travel.
(4)
No person registered as a student in a secondary or elementary school
shall be permitted to operate an amusement device during the hours
the person's school is in session unless the student's presence on
the premises is during a permitted school function.
(c)
Access by police officers. Any police officer may, in the discharge
of his duties, enter the premises in which an amusement device is
located at any time. The application for an operator's license is
deemed to be a consent to such entry.
(d)
Devices on operator's premises to be licensed, fee. No operator shall set up or permit any amusement device to be set up on his premises unless such machine shall have been licensed and the license fee paid. The annual fee for such license shall be specified in the most current Village Board resolution. Licenses shall expire on June 30 of each year. An operator of a "game arcade," as defined in § 10-3 herein, that only charges a flat fee to use any amusement device on-premises, as opposed to collecting coins or tokens in amusement devices on a per-play basis, is not required to pay the "per device" licensing fee specified in the most recent Village Board resolution.
[Amended 10-21-2022 by Ord. No. 1010]
(e)
Applications. Applications for arcade licenses and game licenses
shall be filed with the Clerk, on forms to be furnished by the Clerk.
Such applications shall contain enough information to enable Village
employees and officials to process the application and make the necessary
investigation, and shall contain the following specific information:
(1)
The name and address of the applicant. If the applicant is a partnership,
the name and address of each partner shall be given. If the applicant
is a corporation, the name and address of the chief executive officer
of the corporation, and the president, vice president, secretary and
Treasurer of the corporation shall be furnished. If a post office
box is used as a mailing address, the individual's or firm's residence
or business address shall be provided as well.
(2)
The address and room or store number of the location where the games
are to be placed.
(3)
The number of games to be placed.
(4)
The name to be used for the business. If the games are to be located
on the same premises as a restaurant, convenience store or other business,
the name of the business shall be provided.
(5)
Such other relevant information as is called for on the application
form.
(f)
Cancellation of license. The Village Clerk shall cancel the license
of any licensee that repeatedly violates the terms of this section.
Such cancellation may be appealed to the Village Board. Any licensee
that has had any license canceled under this section shall not be
eligible to apply for any other license under this section for a period
of six months.
(g)
Coins and tokens. In devices requiring coins for operation, only
United States coins shall be used. The management of any establishment
may sell tokens or provide machines to sell tokens, to be used in
games instead of coins. No person shall defraud any business by using
any foreign coin, counterfeit coin or unauthorized token to obtain
the use of a game without paying for it.
(h)
Nuisance, injunction. Any violation of this section is hereby declared
to be a nuisance. In addition to any other relief provided by this
section, the Village Attorney may apply to a court of competent jurisdiction
for an injunction to prohibit the continuation of any violation of
this section. Such application for relief may include seeking a temporary
restraining order, temporary injunction or permanent injunction.
(i)
Delinquent taxes, assessments and claims. No license shall be granted
for any premises for which taxes, assessments or other claims of the
Village are delinquent and unpaid, or to any person delinquent in
payment of such claims to the Village.
(j)
Penalty. Any person, firm or corporation violating any provision
of this section shall be fined not less than $5, nor more than $500
for each offense, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[Ord. No. 810, § II, 11-20-2007]
(a)
AMUSEMENT DEVICE
GAME ARCADES
OPERATOR
Definitions. As used in this section, the following words, terms
and phrases have the following meanings, unless the context clearly
indicates that a different meaning is intended:
Any machine, game, table or device which is designed, intended
or used as a test of skill or entertainment and may be operated by
the manipulation of buttons, dials, trigger devices or electrical
impulses upon the insertion of a coin or token, or the use of which
is made available for any valuable consideration; and such amusement
device shall include, but not be limited to, devices commonly known
as pinball machines, video games, electronic games, and all games
or operations similar thereto under whatever name they may be indicated.
Such definition does not include a bowling alley, coin-operated music
machines, mechanical amusement riding devices, coin-operated vending
machines or coin telephones.
Any premises having a primary purpose or object of existence
or operation of providing games of amusement to the public at retail,
operated by any individual, organization or corporation as the owner,
lessee or occupant of the building. Games of amusement include, but
are not limited to, game devices commonly known as baseball, football,
basketball, hockey, shuffle board, ray guns, bowling games, bumper
games, skee-ball, electronic video (whether coin-operated or not)
and other similar devices.
Any person owning, operating or leasing an amusement device
installed or set up for use in the Village.
(b)
General requirements. The following general requirements shall apply
to all game arcades licensed in accordance with this article:
(1)
No arcade license shall be issued to an individual who is not of
good moral character. No license shall be issued to any partnership
unless each of the partners is of good moral character. No license
shall be issued to any corporation unless the chief executive officer,
the president, vice president, secretary, and Treasurer of the corporation
are of good moral character.
(2)
All game arcades shall have a supervisor on the premises at all times
in which the game arcade is open to the public. This supervisor shall
be at least 18 years of age and be able to provide supervision necessary
to maintain proper order.
(3)
Every game arcade shall provide an adequate area and number of bicycle
racks for the orderly parking of bicycles which 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.
(4)
No game arcade shall be licensed unless and until the location of the same has been approved by the Village plan commission pursuant to Chapter 100 of this Code.
(5)
Game arcades licensed under this article shall comply with all other
building, fire codes and applicable Village laws and regulations.
(6)
The following general operating requirements shall apply to the operation
and maintenance of game arcades:
a.
No amusement device shall be permitted where the reward for skill
in its operation is not plainly posted upon each such machine or device
or where the opportunity of a reward for skill in its operation is
not the same for each individual player.
b.
No gambling or individual wager on any amusement device shall be
permitted, and, if any such device provides replays, no person shall
buy back replays.
c.
No amusement device shall be placed in any required exit path of
travel.
d.
No person registered as a student in a secondary or elementary school
shall be permitted on the premises of a game arcade during the hours
the person's school is in session.
e.
Game arcades shall not remain open between midnight and 9:00 a.m.
of any day.
f.
The interior of a game arcade shall be clearly within view from the
outside.
g.
In no event shall card playing be permitted on such licensed premises
even if such card playing is for social purposes.
h.
No person, while in the premises licensed under this article, shall
have in his possession any alcohol beverage unless the operator of
the premises has obtained a Class "B" alcohol beverage license from
the Village.
(c)
Application. Application for a license to be issued under this article
shall be made to the Clerk on forms supplied for such purpose by the
Clerk. The application shall include the following information:
(1)
The name and address of the applicant. If the applicant is a partnership,
the name and address of each partner shall be given. If the applicant
is a corporation, the name and address of the chief executive officer
of the corporation, and the president, vice president, secretary and
Treasurer of the corporation shall be furnished. If a post office
box is used as a mailing address, the individual's or firm's residence
or business address shall be provided as well.
(2)
The address and room or store number of the location where the games
are to be placed.
(3)
The number of games to be placed.
(4)
The name to be used for the business. If the games are to be located
on the same premises as a restaurant, convenience store or other business,
the name of the business shall be provided.
(5)
Information regarding whether or not the applicant or any partner,
principal officer, registered agent or supervisor has ever been denied
a license to operate a game arcade and, if so, the reasons therefor;
or has ever suffered the suspension or revocation of such license
and the reason therefor; or has ever been convicted of a felony or
misdemeanor which is substantially related to the operation of a game
arcade.
(6)
Such other relevant information as is called for on the application
form.
(d)
Fees. The application shall be accompanied by an application fee
which shall cover the cost of processing the application and shall
be nonrefundable. The annual fee for such license shall be specified
in the most current Village Board resolution. An operator of a "game
arcade," as defined herein, that only charges a flat fee to use any
amusement device on-premises, as opposed to collecting coins or tokens
in amusement devices on a per-play basis, is required to pay the separate
licensing fee specified in the most recent Village Board resolution
for that establishment. In addition to the annual fee required to
be paid by the terms of this section, each applicant for an arcade
license shall pay a nonrefundable investigation fee specified in the
most current Village Board resolution.
[Amended 10-21-2022 by Ord. No. 1010]
(e)
Procedure. Upon receipt of an application for an arcade license or a game license, the Clerk shall provide a copy of the application and refer the matter to the Chief of Police for an investigation of the character of the individuals whose names and addresses are required to be furnished by Subsection (c) of this section. The Clerk shall furnish a copy of the application and refer the matter to the Building Inspector/Zoning Administrator, to determine whether the proposed business will violate any provision of the zoning code or the building code of the Village. The Chief of Police and the Building Inspector/Zoning Administrator shall report within two weeks. The application, together with the report of the Chief of Police and the report of the Building Inspector/Zoning Administrator, shall be delivered to the Village Clerk for action.
(f)
Coins and tokens. In devices requiring coins for operation, only
United States coins shall be used. The management of any establishment
may sell tokens or provide machines to sell tokens, to be used in
games instead of coins. No person shall defraud any business by using
any foreign coin, counterfeit coin or unauthorized token to obtain
the use of a game without paying for it.
(g)
Obscene video game or coin-operated game. It shall be unlawful for
any person to own, lease, operate or offer for the use of the public
within the Village any coin-operated amusement devices, video games,
computer games or viewing machines which depict material which is
obscene if considered as a whole, applying community standards, its
predominate appeal is to prurient interests, that is, shameful or
morbid interest in nudity, sex or excretion, and utterly without redeeming
social value and if, in addition, it goes substantially beyond customary
limits of candor in describing or representing such matters.
(h)
Persons under sixteen, school hours, posting notice. The person in
charge of any video game arcade or game arcade, and the person in
charge of the area of any other establishment where video games are
available for use by the public, shall not permit any person under
16 years of age to remain in the arcade or area where the games are
available, on school days during the hours when school is in session.
The person in charge shall not use force to enforce this requirement,
but the truant officer may be called. A person under 16 years of age
who normally attends a private school, or school sponsored by a religious
organization in lieu of the public school, may be in an arcade or
in the area where games are kept, at times when the private school
or school sponsored by the religious organization is not in session.
Each licensee under this section shall display a sign with substantially
the following wording, or with other wording giving substantially
the same meaning:
|
NOTICE
|
|---|
|
If you are under 16 years of age, you will not be allowed
to remain
|
|
in this arcade on school days during the hours
|
|
when school is in session.
|
(i)
Denial of application. The application for a license may be denied
as to a particular location within the Village whenever the Village
Board finds at a hearing, which was duly noticed that the location
and physical layout of the premises and layout characteristics are
such that it would be against the health, safety or general welfare
of the public to permit the operation of amusement games for public
use for a fee in that granting the license for the particular location:
(1)
Will have a substantial adverse effect upon the public health of
the persons living in the immediate neighborhood.
(2)
Will have a substantial adverse effect upon the safety of the persons
living in the immediate neighborhood.
(3)
Will cause a substantial depreciation in the value of the property
in the immediate neighborhood.
(4)
Will have a substantial adverse effect upon the convenience of the
immediate neighborhood.
(5)
Will be closer than 1,000 feet from the main entrance of any established
public or parochial school.
(6)
Will constitute a public or private nuisance.
(7)
Is not in the best interest of the community in that it is not compatible
with good planning development of the area.
(8)
Would condone the licensee's delinquency in payment of personal and
real property tax.
(j)
Revocation. The Village Board may, following a hearing that was duly
noticed, suspend or revoke any license issued pursuant to this section
at any time for any reasonable cause, which shall be in the best interests
and good order of the Village, provided that the licensee shall be
accorded due process of law.
(k)
Delinquent taxes, assessments and claims. No license shall be granted
for any premises for which taxes, assessments or other claims of the
Village are delinquent and unpaid, or to any person delinquent in
payment of such claims to the Village.
(l)
Penalty. Any person, firm or corporation violating any provision
of this section shall be fined not less than $5, nor more than $500
for each offense, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
