[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
The purpose of this chapter is to regulate and license the operation
of coin-operated amusement devices within the Township.
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.
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.
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.
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.