Township of Northville, MI Chapter 51 Amusement Devices, Coin-Operated

[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 72 of the Code of Ordinances; amended 4-15-1999. Subsequent amendments noted where applicable.]

§ 51-1 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:

COIN-OPERATED AMUSEMENT DEVICE

Any automatic, mechanical or electronic amusement device for skill or entertainment, whether coin-operated or not, including but not limited to pinball machines, video games, bagatelle, console, cathode-ray tube game machine or similar devices that use a display screen for points, lines or dots of light that can be manipulated to stimulate games or other types of entertainment.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 51-2 Purpose.

The purpose of this chapter is to regulate and license the operation of coin-operated amusement devices within the Township.

§ 51-3 Licensing.

Any person, firm, association, company, partnership or corporation maintaining or operating within the Township a commercial enterprise having on a single premises one or more coin-operated amusement devices shall obtain from the Township Clerk a license therefor pursuant to the following procedure:

A. Application for said license shall be made on an application form provided by the Township Clerk. The application shall set forth the full name of the applicant or applicants and the name of every person interested in the outcome of the license application, together with the business and residence address of each such person, provided that if the applicant is a corporation, the names of the officers and directors thereof shall be required. The application shall also state the address of the premises upon which the coin-operated amusement devices are to be maintained and operated and the number and description of said devices.

B. Upon receipt of an application for a license to operate coin-operated amusement devices, the Township Clerk shall record said application and request the Director of Public Safety, the Fire Chief, and the Building Inspector or their designees to conduct an investigation. Upon completion of an appropriate investigation and being satisfied that the information contained in the application is true and that issuance of said license shall promote the health, safety and general welfare of persons and property within the Township, the Director of Public Safety and Building Inspector shall direct the Township Clerk to issue the license upon payment of the fee or fees as hereinafter provided.

C. In the event that an application is denied, the applicant shall be notified thereof by the Township Clerk. Upon a written request by the applicant, the Township Clerk shall set forth in writing the reasons for denial of the application. The applicant shall be entitled to request a hearing on the denial of the application before the Township Board. Said request shall be made within 30 days of notification by the Clerk of the denial.

D. Upon acceptance of the license application, the applicant shall pay to the Township Clerk an annual license fee in an amount to be set by resolution of the Township Board. The annual fees shall be assessed on a calendar year basis and shall be due and payable on January 1 of each year. No license shall be issued or renewed unless the Township Clerk is satisfied that such fees have been properly paid.

§ 51-4 Responsibilities of licensee.

A. Premises licensed under the provision of this chapter shall be closed to the public from midnight to noon daily and from midnight until 2:00 p.m. on Sunday. No person under the age of 17 years shall be permitted or allowed to remain on the premises after 11:00 p.m. unless accompanied by his parent or legal guardian. Premises licensed by the Liquor Control Commission shall be exempt from this provision.

B. The license issued pursuant to this chapter shall be conspicuously displayed upon the premises so licensed.

C. The licensee, his agents or assigns shall be responsible for maintaining quiet and good order at all times in and about the licensed premises, and no person or persons shall be permitted to loiter or stand in or about the doorway of said premises or in the parking lot of said premises if owned, leased or under the control of the licensee.

D. The licensee, his agents or assigns shall have the responsibility for ensuring that no person shall play any games on which a bet or wager is made or shall lay any wager or bet on the outcome or result of any game played on the licensed premises.

E. The licensee, his agents or assigns shall have the responsibility for ensuring that no person shall operate any card tables for the public play of cards or play any games with dice or other gambling devices including pools, numbers, lotteries and punch board on the licensed premises.

F. The licensee, his agents or assigns shall exclude from the licensed premises any person who appears to be intoxicated or under the influence of a controlled substance as defined by state law.

G. The licensee, his agents or assigns shall exclude from the licensed premises any person or persons who are engaging in or soliciting persons to engage in illegal acts, including, but not limited to, prostitution, illegal possession, sale or use of alcoholic liquor and illegal possession, sale or use of controlled substances as defined by state law.

H. No establishment licensed under the provisions of this chapter shall serve prepared foods unless first having given the Township Clerk adequate proof that a license has been obtained for the operation of a restaurant and that approved food handler's permits have been obtained for all personnel engaged in the preparation of food for human consumption within the licensed premises.

I. No screens, drapes, curtains, shades, partitions or other obstructions shall be permitted which obstruct from view of the street any or all portions of the licensed premises. All such screens, drapes, curtains, shades or partitions or other obstructions shall hereby be declared a nuisance per se. Establishments licensed by the Liquor Control Commission shall be exempt from this provision.

J. No person under the age of 18 years shall be employed, permitted or allowed to work in any establishment licensed under this chapter. Premises licensed by the Liquor Control Commission shall be exempt from this provision.

§ 51-5 License revocation.

A. Alleged violation of any of the provisions of this chapter, including nonpayment of fees, shall be submitted in writing to the Township Clerk.

B. The Township Clerk shall prepare a written notice of the alleged violations and shall schedule a hearing on said violations before the Township Board.

C. A copy of the notice of alleged violations and notice of hearing date shall be served upon the licensee at the licensed premises at least 20 days before the scheduled hearing date.

D. The notice of hearing shall inform the licensee of his right to be represented by an attorney.

E. The Township Board shall conduct a hearing at which the licensee shall have the opportunity to be heard and to present evidence to the Board. The Board shall render a written decision and shall, in the case of a decision to revoke, state the findings of fact upon which the decision is based.

§ 51-6 Penalties.

Any person who shall violate the provisions of this chapter shall be responsible for a municipal infraction, subject to the following penalties:

A. The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction, unless a different fine is specified in connection with a particular section:

(1) First offense. The civil fine for a first offense violation shall be in the amount of not less than $150, plus costs and other sanctions, for each offense.

(2) Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of not less than $300, plus costs and other sanctions for each offense.

B. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of the chapter.

C. Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.

D. Remedies not exclusive. In addition to any remedies provided for by the code of ordinances, any equitable or other remedies available may be sought.

E. The Judge or Magistrate shall be authorized to impose costs, damages and expenses as provided by the law.

F. A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.