[Adopted 10-7-2025 by Ord. No. 2025-2705]
AMUSEMENT DEVICES
An electrically or mechanically coin-operated device or devices for which a singular fee is paid to use all the devices on the premises, used and operated solely for playing games of skill or for entertainment, pursuant to § 121-12 of this Code.
ARCADE
Any premises containing 10 or more amusement devices for the primary use and entertainment of the public.
GOOD MORAL CHARACTER
For purposes of this Article III, "good moral character" shall mean that the person under consideration has exhibited 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 the application for an arcade license of a crime involving moral turpitude, except as set out herein.
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,[1] which offenses are hereby deemed to be of special concern, affecting the health, safety and welfare of youth.
C. 
Being a probationer or parolee under the jurisdiction of the State Department of Health and Social Services, Department of Community Corrections or a similar agency of another state or the federal government.
D. 
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 in this Article III shall be construed to prevent any such person from reapplying for a license under this chapter after the conclusion of said proceeding.
E. 
In the event that an application for a license under this article is denied on the grounds that a person named in the application is not of good moral character, such person may, using the procedures provided for in Wis. Stats., Ch. 68, demand the reasons therefor in writing and shall be afforded the opportunity to, if desired by such person, have a hearing as provided for under that chapter and to present evidence on his or her behalf.
[1]
Editor's Note: See § 961.001 et seq., Wis. Stats.
No arcade shall be permitted in the City of Franklin unless a license as set forth under this Article III is obtained and in effect for the arcade.
An application for a license shall be filed with the City Clerk on a form to be furnished by the Clerk, which form shall require the following information:
A. 
Name and address of the applicant.
B. 
In case of a partnership, the names and addresses of all partners.
C. 
In case of a corporation, the names and addresses of all officers, directors and stockholders of 10% or more of the capital stock of the corporation.
D. 
In case of clubs, associations or other organizations, the names and addresses of all officers.
E. 
The location of the premises to be licensed and the name and address of the owner or owners of said premises.
F. 
Whether or not any person or persons named in the application have ever been convicted of violating any federal or state law bearing a criminal penalty, or any count, local or municipal ordinance in conformity therewith, or any offense described in Subsection B of the definition of "good moral character" in § 121-18 above.
G. 
The number of games, machines, tables or amusement devices to be located upon the premises to be licensed.
A. 
All licenses herein provided for shall be issued upon approval by the Common Council and shall limit the holder thereof to operate an arcade only on the premises for which the license has been issued. All licenses shall expire on the 30th day of June following the date of issuance.
B. 
Such licenses shall bear the date of issuance, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct such business. Such license shall not be transferable by the holder to any other person, firm or corporation, but such license may be transferred by the holder to another location provided that the licensee shall make written application for such transfer to the City Clerk and such transfer is approved by the Common Council. A transfer fee as set forth in Ch. 169, Licenses and Permits, shall be paid by the applicant.
C. 
A license issued to a partnership shall not be voided by the withdrawal of a partner so long as one of the original partners remains. A new license shall be required if a new partner becomes a member, unless he or she already holds a license. A license issued to a corporation shall be voided if an unqualified person becomes the principal officer or stockholder of 10% or more of the capital stock in the corporation. All changes in the membership of a partnership and all changes in the identity of the principal officer or stockholder of 10% or more of the capital stock of the corporation shall be reported to the City Clerk no later than 10 days after they occur.
D. 
A license shall not be issued if the applicant, or any partner, or the principal officer, or any stockholder holding more than 20% of the capital stock of the corporation if applicant is a corporation:
(1) 
Is not of good moral character as defined above.
(2) 
Is under 18 years of age.
A. 
No license shall be issued to any applicant unless the applicant has first obtained an occupancy permit for the premises from the City Department of Building Inspection.
B. 
In any event, no license shall be granted to any person, firm or corporation to operate a business offering to the public an opportunity to use amusement devices for a fee which is located within 500 feet from the boundary of a parcel of real estate having situated on it a school, church, hospital, public library, park or public playground.
The Common Council may suspend, revoke or deny re-issuance of any license issued pursuant to this section, at any time, for reasonable cause, which shall be in the best interest and for the good order of the City, provided that the licensee 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 article, or other provisions of this Code of Ordinances relevant to the operation of said business.
A. 
A licensed arcade operator shall be on the licensed premises at all times during the hours the arcade is open to the public to provide the supervision necessary to maintain proper order.
B. 
An arcade operator's license shall entitle the holder thereof to work as an operator upon premises licensed under this Article III. Such licenses will be issued by the Common Council only to persons of good moral character, as defined above, over 18 years of age.
C. 
A written application shall be filed annually with the City Clerk stating the name, address and age of the applicant. The application may be referred to the Chief of Police for report. A license fee must accompany the application. There will be a refund of the fee if the license is not subsequently granted, in the amount of the fee minus any background check fee.
D. 
The annual fee for an arcade operator's license shall be as set forth in Ch. 169, Licenses and Permits.
E. 
Each arcade operator's license shall be posted in a conspicuous place where the licensee is employed.
F. 
Any arcade operator's license issued under this section may be revoked, suspended or denied, at any time, for any reasonable cause, which shall be in the best interest of and for the good order of the City. Any arcade operator's license issued under the provisions of this section shall stand revoked without further proceedings, upon the conviction of the licensee for maintaining a disorderly or riotous, indecent or improper place of business. Whenever such license shall be revoked, no refund of any unearned portion of the fee shall be made.
All arcade licenses and arcade operator's licenses shall be granted subject to the following conditions, and all other conditions of this Article III, and subject to all other ordinances and regulations of the City applicable thereto:
A. 
Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search and consents to the removal from said premises of all things and articles maintained there in violation of City ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
B. 
Each licensed premises shall, at all times, be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
C. 
There shall be, upon premises operated under an arcade license at all times, some person who shall have an arcade operator's license and who shall be responsible for the acts of all persons employed at said premises.
D. 
No premises licensed under this chapter shall be permitted to remain open between the hours of 11:00 p.m. and 9:00 a.m. of any day.
E. 
No patron or guests shall be permitted to enter or remain on the licensed premises during the closing hours provided in Subsection D above or, where applicable, any covenant or agreement for an arcade with the City.
F. 
Nothing in this Article III shall be construed to authorize, permit or license any gambling device of any nature whatsoever.
G. 
No person, while using or operating a game of amusement or amusement device or while on the licensed premises, shall gamble or make any bets.
H. 
In no event shall card playing be permitted on such licensed premises even if such card playing is for social purposes only.
I. 
Rooms in which games of amusement are located and used by the public shall, at all times, be kept in a clean, healthful and sanitary condition with ample and approved lighting and ventilation in accordance with Municipal Code requirements and as hereinafter set forth.
J. 
No person, while on a premises licensed hereunder, shall have in his possession any intoxicating liquor or fermented malt beverage.
K. 
No person under the age of 18 years shall be permitted on the licensed premises where the use of games of amusement or amusement devices is offered to the public for a fee before the hour of 3:00 p.m. on any day that the Franklin and Oak Creek-Franklin Joint School Districts public schools, and private schools, are in session unless accompanied by his or her parent or legal guardian.
L. 
The licensee of the premises shall provide a minimum unobstructed area of two feet perpendicular to the front of each game, device, machine or table for customers to stand while using the same; in addition, an unobstructed aisle for the safe passage of customers of at least three feet shall be provided in front of each game, device, machine or table.
M. 
In no event shall occupation by more persons than allowed by the provisions of the Franklin Fire Prevention Code,[1] as applicable to the licensed premises, be permitted.
[1]
Editor's Note: See Ch. 133, Fire Prevention, Protection and Control.
N. 
Nothing in this Article III shall be construed to permit any realization or, or exemption from, the provisions of the City of Franklin Unified Development Ordinance.
O. 
All areas of the licensed premises shall, during business hours, have a sustained minimum white light illumination of 30 footcandles, measured on a plane 30 inches above the floor.
P. 
The licensed premises shall afford front window treatment of such a design as to allow full observation of the interior of the premises from the public way or a parking lot mall or other private thoroughfare or way to which the public is, by express or implied invitation, invited.
Q. 
The licensee of the premises shall provide a bicycle storage area sufficient to take care of the needs of all customers, which shall be located off the public way if the planned or actual business operation of such arcade indicates the patronage of such arcade by juveniles would necessitate such provision for bicycle parking.