[Added 12-11-2023 by Ord. No. 2023-112]
AMUSEMENT DEVICES
Includes electronic musical devices and automatic amusement devices.
AUTOMATIC AMUSEMENT DEVICE
A. 
Any machine or device which upon payment operates or may be operated as a game or contest of skill or amusement of any description. The term includes, but is not limited to:
(1) 
Pinball machines and similar devices;
(2) 
Mechanical rides;
(3) 
Shooting or sports games;
(4) 
Driving games or obstacle courses;
(5) 
Games involving photoelectric cells, with or without projections of images onto a surface;
(6) 
Movie devices;
(7) 
Shuffleboard games;
(8) 
Pool or billiard tables;
(9) 
Video games, other than video gaming terminals as defined and regulated in Article III of this chapter;
(10) 
Merchandise dispensing games.
B. 
The term shall not include gambling devices, such as video gaming terminals as defined and regulated by Article III, or any device which contains a mechanism for payoffs in any manner other than free plays or points collectible for purchase of small toys.
CHANGE OF OWNERSHIP
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or
C. 
In an entity, the transfer of over 5% of the stock thereof except for those listed on a national stock exchange, in which event the transfer of a controlling interest or over 50% of the stock thereof.
DEVICE OWNER
Any person or entity who sets up for operation more than three amusement devices, or who sets up any such device for operation in any location or establishment not owned or operated by them or it, or who leases or distributes any such device for the purpose of operation by another.
ELECTRONIC MUSICAL DEVICE
Includes electronic musical sound reproduction devices, such as digital audio streaming devices or jukeboxes, where the operation of said device requires payment from patrons of the establishment.
ENTITY
An organization that has an identity separate from those of its members, including, but not limited to, corporations, limited partnerships, limited liability companies, or limited liability partnerships.
ESTABLISHMENT
The building, structure, or premises in which the device owner seeks to provide amusement device(s) under an approved license.
PROPRIETOR OF THE ESTABLISHMENT
Any person owning or operating a premises where an amusement device is located or operated.
A. 
No person, or entity shall become an amusement device owner as herein defined without first having obtained a license as provided by this article.
B. 
No proprietor of an establishment shall use and operate or maintain for use and operation any amusement device, unless a license therefor shall first have been obtained in the manner required by this article.
[Amended 10-14-2024 by Ord. No. 2024-079]
A. 
Applications for creation of licenses shall be made upon forms prepared and furnished by the City Clerk. Each application shall be signed and verified upon the oath or affirmation of an owner, authorized agent, or managing member of the applicant. Such application shall be submitted and filed with the City Clerk after payment to the City of an application fee as set forth in the Schedule of Fees. Each application shall contain the following information and statements:
(1) 
The name, date of birth, and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of an entity, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such entity is owned by one person or their nominees, the name and address of such person;
(2) 
The entity name, registered DBA (doing business as)/assumed name, establishment address and phone number;
(3) 
An email address to be used for all licensing communications;
(4) 
The location and place of business to be licensed;
(5) 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and reasons therefor;
(6) 
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States or any ordinance of the City in the conduct of their place of business.
If an entity, the applicant must be in good standing with the State of Illinois before a license will be issued.
B. 
The following must be submitted as supplemental documentation to the application provided by the City Clerk:
(1) 
A list of all owners/partners/officers with name, date of birth, address, and percent ownership/stock;
(2) 
If an assumed name is used, proof the assumed name is registered with the State of Illinois or County of McLean;
(3) 
A list of all establishments where the applicant seeks to provide amusement devices including the number of amusement devices to be provided at each establishment.
C. 
Disqualification for license. No such license shall be issued to:
(1) 
An applicant whose license issued under this ordinance has been revoked for cause in the last year;
(2) 
An applicant who, at the time of application, for renewal of any license hereunder would not be eligible for such license upon a first application;
(3) 
Any applicant who fails to furnish or falsely furnishes information or who fails to make or falsely makes statements required in the application for a license as set forth in this chapter.
D. 
Renewals. On January 1, 2025, a one-time sixteen-month license (January 1, 2025 — April 30, 2026) will be made available to allow the license cycle to transition to align with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.
E. 
On May 1, 2026, the standard twelve-month licensing cycle will resume running concurrent with the City's fiscal year. All applications for the renewal of a license going forward shall be made in writing to the City Clerk not later than April 1 of each year. If the information and statements contained in the original application have not changed, in lieu of an application for renewal, a licensee may file with the City Clerk, not later than April 1 of each year, an affidavit stating that such facts and statements have not changed.
A. 
The City Clerk shall issue licenses to qualifying amusement device owners and establishments as defined in this article.
B. 
The license issued to the amusement device owner shall list the total number of approved devices the owner shall be allowed to operate.
C. 
Each individual establishment license shall list the approved number of amusement devices permitted at said establishment.
A. 
Licensed amusement device owners shall only supply approved establishments with the number of amusement devices listed on said establishment license.
B. 
Changes in amusement devices at a licensed establishment that do not increase the number of amusement devices located at the establishment need not be reported to the City Clerk.
C. 
If the device owner seeks to increase the number of amusement devices located at an establishment, a request must be submitted to the City Clerk for consideration prior to any additional amusement devices being placed at the establishment. If approved, a new license with the updated number of amusement devices will be issued for the establishment.
D. 
An establishment's amusement device license shall at all times be displayed in a prominent place and promptly be made available to law enforcement and City staff upon request.
[Amended 10-14-2024 by Ord. No. 2024-079]
A. 
The fee to be paid for the license herein required shall be an amount as set forth in the Schedule of Fees per year payable in advance and no license shall be issued until such fee has been paid. When a license is created by the City Clerk and is subsequently issued, the license fee shall be prorated on the basis of the remaining days of the calendar year in which the license is issued. Application fees shall not be prorated. The license shall expire on April 30 each year. In the event of revocation or surrender of a license, no portion of the license fee shall be refunded.
B. 
Each renewal license fee must be received by the City Clerk not later than April 1 unless the first falls on a holiday, in which case license fees may be received by the Clerk on the following business day. If a license fee is received late, the license holder must pay a late fee in the amount of 10% of the invoiced license fee and may be subject to the renewal license being denied.
Changes relating to the following must be reported to the City Clerk, in writing, within 30 days of said change: (1) changes in ownership as defined in § 7-201 Definitions; and (2) changes in DBA (assumed name).
A. 
All devices shall at all times be kept and placed in plain view of all persons who may frequent or be in any place of business or other place where such devices are kept or used.
B. 
Nothing in this article shall be construed to authorize, permit, or license any gambling device of any nature whatsoever that is prohibited by the Code of the City or by the laws of the State of Illinois.
No person, being the owner, operator, or manager of a business or acting in a managerial capacity, shall knowingly or recklessly permit a minor who is not accompanied by their parent or legal guardian to enter or remain in the establishment, if in that part of the premises where the minor is so permitted to be, there is contained an amusement terminal containing or equipped to exhibit harmful material.
A. 
In addition to the imposition of fines provided in this chapter, any license may be revoked, suspended, or not renewed, after notice and hearing by the City Manager, or their designee, for any of the following reasons:
(1) 
Violation of any of the provisions of this chapter;
(2) 
Violation of any law occurring on the establishment's premises committed by the establishment or an employee of the establishment;
(3) 
Violation of any law or state regulation;
(4) 
Failure to pay any tax, judgment, fee, or bill owed to the City of Bloomington;
(5) 
Failure to provide current information regarding the ownership or location of the business;
(6) 
Failure to notify in writing the City Clerk Department and receive prior approval of a change in ownership as required by § 7-205.
B. 
For the administration of this section, the formal rules of evidence shall not apply at the hearing and hearsay may be permitted, provided it is of the nature reasonably prudent persons would rely upon in the conduct of their affairs. At the hearing, the City Manager, or their designee, shall determine by a preponderance of the evidence whether a lawful reason exists to revoke or suspend the license. The City Manager, or their designee, after determining that a lawful reason exists to revoke or suspend the license, shall also determine whether that lawful reason merits the sanction of a revocation or suspension of the license.
C. 
An establishment whose license has been revoked may not reapply for a new license until one year after the final determination of revocation.
[Added 12-11-2023 by Ord. No. 2023-113]
Any person, firm, or entity violating any provision of this chapter shall, unless otherwise provided in this chapter, be fined not less than $250 nor more than $2,000 for each offense; and a separate offense shall be deemed to have occurred on each day during or on which a violation occurs or continues.
If any section, sentence, clause, or other provision of this chapter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other section, sentence, clause, or provision. To this end all such portions of this chapter are declared severable and shall be so construed whenever possible to do so.