[HISTORY: Adopted by the Common Council of the City of Rice Lake
as Title 7, Chapter 5 of the Code of Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any premises operated by any organization, whether incorporated or
not, which is the owner, lessee or occupant of a building whose primary purpose
or object of its existence or operation is that of providing use of amusement
devices to the public at retail and/or any premises operated by any organization,
whether incorporated or not, which is the owner, lessee or occupant of a building
the majority of whose gross receipts are derived from the providing of use
of amusement devices to the public at retail.
Any table, platform, mechanical device or apparatus operated or intended
to be operated for amusement, pleasure, test of skill, competition or sport,
the use or operation of which is conditioned upon payment of a consideration
either by insertion of a coin or token in a slot or otherwise. Such amusement
device shall include, but not be limited to, devices commonly known as baseball,
football, basketball, hockey, pinball, shuffleboard, ray guns, bowling games,
bumper games, skiball and electronic video games and shall also include billiard
tables and pool tables (whether coin-operated or not). Such definition does
not include a bowling alley, jukebox or other coin-operated music machine
or a mechanical children's amusement riding device.
A.
License required. No person, firm or corporation shall
operate or keep an amusement parlor or arcade, as defined herein, without
having obtained and posted on the premises, in plain view, a license to operate
such parlor. Application shall be made to the Clerk-Treasurer on the form
provided by such office, accompanied by an application fee as set forth in
the fee schedule adopted as part of the annual budget document, which shall
cover the cost of processing the application and shall be nonrefundable. The
application shall set forth the following information:
(1)
The name and address of the applicant or, if a partnership,
the names and addresses of all the partners or, if a corporation, the names
and addresses of the principal officers and registered agent thereof and the
name and address of the person who will supervise the game room.
(2)
The names and addresses of the owners of the amusement
devices to be located on the licensed premises, if such owners are different
from that of the applicant. If the owner of the amusement devices is a partnership,
the names and addresses of all the partners or, if a corporation, the names
and addresses of the principal officers and the registered agent thereof shall
be provided.
(3)
A building plan of the premises to be licensed specifically
describing and otherwise showing all dimensions, indicating the intended division
of floor space, exits and entrances, the areas to be used for amusement devices
and the common aisles.
(4)
A site plan of the premises to be licensed which shall
include the proposed driveway areas and landscaping located on property adjacent
to and within 20 feet of the property lines of the premises to be licensed.
(5)
If the applicant operates other game rooms in other areas,
the names and addresses of such other licensed establishments.
(6)
Such additional information as the city deems necessary
to assist it in determining the qualifications of the applicant for such license.
B.
Public hearing. The application shall be forwarded to
the Common Council, which shall hold a public hearing prior to the granting
or denial of any amusement arcade license. In reviewing each application,
the Common Council shall find that:
(1)
The establishment, maintenance or operation of an amusement
arcade at the location requested will not be detrimental to or endanger the
public health, safety, morals, comfort or general welfare.
(2)
The proposed amusement arcade will not be injurious to
the use and enjoyment of other property in the immediate vicinity for the
purpose already permitted nor substantially diminish and impair property values
within the neighborhood.
(3)
The establishment of the amusement arcade will not impede
the normal orderly development and improvement of the surrounding property
for uses permitted in the district.
(4)
Adequate measures have been or will be taken to maintain
good order surrounding the location thereof.
C.
Issuance of license; term. The Clerk-Treasurer shall
issue a license upon approval of the application by the Common Council and
upon the payment by the applicant of an annual license fee as set forth in
the fee schedule adopted as part of the annual budget document. All licenses
issued herein shall be for one year ending on the 30th day of June and shall
not be transferable.
A.
No premises for which an amusement arcade license has
been issued shall be permitted to remain open for the offering of electronic
amusement devices to the public at retail between the hours of 10:00 p.m.
and 10:00 a.m., except on Friday and Saturday, when the closing hours shall
be between 12:00 midnight and 10:00 a.m.
B.
No premises for which an amusement arcade license has
been issued and which is less than 1,000 feet from the main entrance of any
established public or parochial school shall be permitted to remain open for
the offering of amusement devices to the public at retail between the hours
of 10:00 a.m. and 3:00 p.m. on any day in which such school is in regular
session.
C.
For the purpose of this section, the term "public school"
or "parochial school" shall mean any institution providing learning facilities
for kindergarten through eighth grade. The distance of 1,000 feet shall be
measured by the shortest route along the highway from the closest point of
the main entrance of such school to the main entrance of such premises.
The following general requirements shall apply to all amusement arcades
licensed in accordance with this chapter:
A.
All amusement arcades shall have an adult supervisor
on the premises at all times in which the game room is open to the public.
B.
Every amusement arcade shall provide an adequate area
and number of bicycle racks for the orderly parking of bicycles, which area
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.
C.
Game rooms licensed herein shall comply with all other
building, fire code and applicable city laws and regulations.
D.
No establishment shall install or maintain a poker machine
within the City of Rice Lake, regardless of whether it is licensed under this
chapter.
Licenses may be revoked by the Common Council, after a hearing, in the
event that an amusement arcade's location or operation fails to conform
to standards provided in this chapter or violates any other provision of this
Code.
No person, firm or corporation shall operate or place or keep or have
in his possession any amusement device, as herein defined, without having
obtained and posted on the device in plain view a license sticker to operate
such a device. Application shall be made to the Clerk-Treasurer on forms provided
by such officer, which form shall state the applicant's name, trade name
of business and location of proposed amusement device. The annual amusement
device license fee shall be as set forth in the fee schedule adopted as part
of the annual budget document. Any application for a permit made subsequent
to the regular license period shall be prorated according to the full months
remaining in such period.
