No person, firm or corporation shall, within the Village of Shorewood, operate a business offering to the public an opportunity to use games of amusement without first having procured a license so to do as provided in this article. A license shall be required for each stand, place, room or enclosure, except that one license may be granted for an entire premises where the rooms or enclosures are in direct connection or communication or contiguous to each other and under the control and in the possession of the licensee and operated by the licensee as one premises.
"Games of amusement" shall include, but not be limited to, video machines, pinball, foosball, or bowling machines, darts, electronic dart ball, pool, billiards, and other similar amusement devices or games of skill which the public is invited to use or operate for a fee.
An application for a license shall be filed with the Village Clerk on forms to be furnished by the Clerk, which forms shall require the following information:
A. 
Name and address of applicant. In the case of a partnership, the names and addresses of all partners should be included. In the case of a corporation, the names and addresses of all officers, directors and stockholders should be included. In the case of clubs, associations or other organizations, the names and addresses of all officers should be included.
B. 
Whether or not the person or persons named in the application have ever been convicted of any violation of federal, state or municipal law.
C. 
The location of the premises to be licensed and the name and address of the owner or owners of said premises.
D. 
The number of games, machines, tables, or amusement devices to be located to be licensed.
An annual license fee as provided by the Village Fee Schedule for each game, machine, table or amusement device provided by the licensee of the premises for use or operation by the public shall be paid to the Village by said licensee. Each game, machine, table or amusement device under current license shall be tagged to verify current licensing. Only those games, machines, tables or amusement devices which are offered to the public to use for a fee need be so tagged. The verification tag shall be furnished to the operator by the Village. Licenses shall be issued annually commencing on July 1 and terminating on June 30 of the succeeding year unless sooner revoked. License fees shall not be prorated.
A. 
All licenses herein provided for may be issued by the Village Board upon recommendation of the Chief of Police, the Fire Chief and the Building Inspector and the payment of the required license fee and after a public hearing has been held before said Board. All individuals having any ownership interest in the applicant's business shall appear at the public hearing for the purpose of making a statement or answering questions. No license shall be issued hereunder unless such appearance has been made.
[Amended 9-18-1995 by Ord. No. 1717]
B. 
Such license shall bear the date of issue, 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 Village Clerk and such transfer is approved by the Village Board. A transfer fee as provided by the Village Fee Schedule shall be paid by the applicant.
C. 
Any change of ownership of a business licensed under the provisions of this article shall require the owners thereof to reapply for a license and pay a reapplication fee as provided by the Village Fee Schedule. Such change shall include, but shall not be limited to, a change of individual ownership, the addition of a partner or stockholder, the withdrawal of a partner or stockholder, or a change in the percentage of interest in the business of a partner or stockholder. Unless the licensee either shall file a reapplication or request a due process hearing before the Village Board, no later than 60 days prior to any change of ownership, the license granted hereunder shall terminate. All changes in the membership of a partnership or all changes in the identity of the principal officers or any stockholder of a corporation shall be reported to the Village Clerk within 10 days after they occur.
D. 
The Chief of Police of the Village shall cause to be made an investigation of all persons named in an application for a license and report his findings to the Village Clerk.
E. 
The license shall not be issued if the applicant or any partner of a partnership or the principal officer or any stockholder of a corporation:
(1) 
Has an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.
(2) 
Is under 21 years of age.
The application for a license may be denied as to a particular location within the Village whenever the Village Board finds that the location and physical layout of the premises and the 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:
A. 
Will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood;
B. 
Will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood;
C. 
Will cause a substantial depreciation in the value of the property in the immediate neighborhood;
D. 
Will have a substantial adverse effect upon the convenience of the immediate neighborhood;
E. 
Will constitute a public or private nuisance; or
F. 
Is not in the best interest of the community in that it is not compatible with good planning development of the area.
The Village Board of the Village of Shorewood may suspend or revoke any license issued pursuant to this article, 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.
A. 
No premises operated under a games of amusement license may open for business unless there is present upon the premises, at all times, the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operator's license and who is responsible for the acts and conduct of all persons on the licensed premises.
B. 
An operator's license may be issued biennially by the Village Clerk only upon written application therefor, obtained from the Village Clerk.
[Amended 12-5-2005 by Ord. No. 1899]
C. 
A biennial license fee as provided by the Village Fee Schedule shall be due from the applicant upon the filing of each application. The licensing period shall commence on July 1 and expire on June 30 of the year of expiration. Any licensing period less than 12 months shall be considered one licensing year.
D. 
An operator's license granted hereunder shall not be transferable from one person to another or from one licensed premises to another licensed premises.
E. 
An operator's license shall not be issued if the applicant:
(1) 
Has an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.
(2) 
Is under 21 years of age.
A. 
In no event shall card playing be permitted on such licensed premises even if such card playing is for social purposes.
B. 
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 Village Code requirements and as hereinafter set forth.
C. 
There shall be conspicuously posted and displayed in any premises licensed under this article the license issued pursuant to this article, a notice indicating the maximum number of people allowed on the premises at any one time, and a copy of this article which shall be supplied to the licensee by the Village Clerk.
D. 
No person, while using or operating a game of amusement or while on the licensed premises, shall gamble or make any bets.
E. 
No person, while in the premises licensed hereunder, shall have in his possession any intoxicating liquor or fermented malt beverage unless the operator of the premises has obtained a Class B fermented malt beverage or intoxicating liquor license from the Village.
F. 
Any licensed business offering the use of games of amusement to the public for a fee shall have a person who is 21 years of age or older on the premises and supervising at all times the use of such games during all hours of operation.
G. 
No person under the age of 18 years shall be permitted on the licensed premises where the use of games of amusement is offered to the public for a fee before the hour of 3:00 p.m. on any day the Shorewood public schools are in session unless accompanied by his/her parent or legal guardian.
H. 
No person under the age of 18 years shall be permitted on the licensed premises where the use of games of amusement is offered to the public for a fee after the hour of 11:00 p.m. on any day unless accompanied by his/her parent or legal guardian.
I. 
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.
J. 
No more than one person for each 30 square feet of floor area shall be allowed in the licensed premises at any one time.
K. 
The licensed premises shall be constructed in such a manner as to prevent sound from the premises from traveling or being emitted to any adjacent or adjoining property, including property next to, above or below the licensed premises.
L. 
The licensee of the premises shall provide lighting sufficient to allow the person in charge of the establishment to observe the activities of all customers at all times from any place in the licensed premises.
M. 
The licensed premises located at street grade shall afford front window treatment of such a design as to allow clear observation of the interior of the premises from the public way at all times.
N. 
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 of the public way.
No license shall be granted to any person, firm or corporation to operate a business offering to the public an opportunity to use games of amusement for a fee which is located within 300 feet from the boundary of a parcel of real estate having situated on it a school, church, public library, park or public playground; provided, however, that any duly issued license for the operation of a business which offers use of games of amusement to the public for a fee in force as of the effective date of this article will be continued from year to year upon payment of the required annual license fee and upon compliance with all other provisions of this article. However, any change in ownership of a licensed business offering the use of games of amusement to the public for a fee or any change of location of said business within the Village will remove said business operation from this exception. "Change in ownership" in the case of a partnership or corporation, for the purpose of this section, means more than a fifty-percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the effective date of this article.
Exempted from the provisions of this article shall be:
A. 
Educational, religious and charitable institutions and fraternal organizations which prohibit use of games of amusement on their premises by the general public and are nonprofit organizations.
B. 
Those places of business and institutions which provide games of amusement for use on an occasional basis. "Occasional basis" is defined herein as no more than three times per year.
C. 
Class B licensed premises which offer the use of fewer than five games of amusement.