[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-12-1983 by Ord. No. 149]
For the purpose of this article, the following
words, terms and phrases shall have the following meanings:
Any premises open to the public wherein are assembled five
or more mechanical amusement devices as herein defined.
Any person, partnership, joint venture, corporation or organization
who places a mechanical amusement device in any place or establishment,
including an owner.
Any machine, electronically controlled device, game or contrivance
which, upon the payment of a fee, either before or after use, or upon
the insertion of a coin, token, slug, plate or disc, permits a person
or operator to use the device as a game contest of skill or amusement,
whether or not registering a score, which may cause the operator to
secure some amusement, enjoyment or entertainment, and which is not
a gambling device or a device which tends to encourage gambling. The
term "mechanical amusement device" shall include by way of example,
but not by way of limitation, electronic video games, mechanical game
machines, skill ball games, marble machines, mechanical grab machines,
or any other mechanical or electronic game or operation similar thereto
under whatever name they may be indicated. The term shall not include
pay telephones, coin-operated pool tables, juke boxes or vending machines
which dispense merchandise.
Any person who is in charge of or has control over any mechanical
amusement device or arcade, and may include the owner as herein defined.
Any person, partnership, joint venture, corporation or organization
who owns, operates, maintains or conducts any place or establishment
in which any mechanical amusement device may be operated or has control
over the premises in which are located any mechanical amusement devices
or arcade and who has contracted or permitted such mechanical devices
to be installed in such premises for business purposes.
Any corporation, association, partnership or one or more
individuals.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee, have upon the premises any
game machine or device which, according to federal or state law, constitutes
a gambling device or permit gambling or the use, possession or presence
of gambling paraphernalia on the premises.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee permit any indecent, immoral
or profane language, or indecent, immoral, disorderly, vulgar, lewd,
obscene or improper conduct on the license premises.
No person who has been issued a license pursuant
to the provisions of this article shall directly or indirectly, or
through any servant, agent or employee, permit the licensed premises
to become a resort for disorderly persons of any type.
No person who has been issued a license pursuant
to the provisions of this article shall:
A.
Permit any person under the age of 17 years to be
upon the premises after 12:00 midnight unless accompanied by a parent
or legal guardian.
B.
Permit any person under the age of 14 years to be
upon the premises after 10:00 p.m. unless accompanied by a parent
or legal guardian.
C.
Permit operation of any mechanical amusement device
by any person under 18 years of age between the hours of 8:00 a.m.
and 4:00 p.m. on school days as established by the Grosse Ile Board
of Education.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee, permit the possession or use
of any alcoholic liquor on the premises, nor shall the licensed premises
be accessible in any way with any place where alcoholic liquor is
kept, sold, distributed, or given away. This prohibition shall not
apply while a Michigan Liquor Control Commission license is in effect
at the licensed premises.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee, permit intoxicated persons
to loiter on the premises.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee, permit the possession or use
of any drug or narcotic, including marijuana, on the premises.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee, permit noise to emerge from
licensed premises which is disturbing to the surrounding area.
No person who has been issued a license pursuant
to the provisions of this article shall, directly or indirectly, or
through any servant, agent or employee, permit any person to operate
or cause to be operated in the Township the amusement arcade between
the hours of 11:00 p.m. and 9:00 a.m. except on Fridays, Saturdays
and legal holidays, when the prohibited hours shall be between 2:00
a.m. and 9:00 a.m.; provided, however, that this section shall not
apply to a business which is licensed by the State Liquor Control
Commission, in which event the Michigan Liquor Control Commission
regulations shall apply.
All parking and other use of streets and alleys
by the operators of motor vehicles at amusement arcades shall conform
to the provisions of the State Motor Vehicle Code and the Township's
traffic ordinances,[1] zoning ordinance,[2] and directions of the Chief of Police (or his designated
representative) as provided from time to time.
A person holding a license issued pursuant to
the provisions of this article at all times shall keep the licensed
premises open for inspection by members of the Police Department and
Fire Department or other Township departments for the purpose of enforcing
any ordinance relating to the health, safety and welfare of the public.
Each mechanical amusement device shall have
affixed thereto, in a conspicuous place, a suitable and permanent
identification stamp, mark or plate bearing the name and address of
the distributor thereof.
It shall be unlawful for any person, distributor,
operator or owner to operate, cause to be operated or in any way give
permission or consent to the operation of any amusement arcade, whether
said arcade is operated independently as a business or as an incidental
part of some other type of business, without first having procured
a license and paying the required fees therefor.
A.
An application for a license to operate an amusement
arcade shall be made and filed with the Township Clerk on forms provided
by the Clerk. Such application shall be made by the owner of the arcade
proposed to be operated and shall state the full name and address,
including the street and number, of the owner or owners, if more than
one, and if the owner is an association, firm, partnership, or other
type or organization, the application shall state the full names and
addresses of all parties who have a financial or ownership interest
in the said arcade or any of the mechanical amusement devices to be
installed therein.
B.
If the owner-applicant is a club, society or corporation,
the application shall contain a complete list of the officers of such
applicant with their names and addresses, and such application will
also give the state in which such club, society or corporation is
organized and the names of one or more persons whom such club, society
or corporation desires to designate as its manager or person in charge
of the operation of the arcade together with their address.
C.
The application shall also state the following:
(1)
The location or premises where such arcade is to be
operated, including the street and number, and the location owner
of such premises.
(2)
The name and address, including the street and number,
of the proposed operation of the arcade proposed to be operated on
the premises listed in the application, if such operator is a person
different from the owner of the arcade.
(3)
Whether the applicant-owner or the location owner
has ever engaged in the business of operating mechanical amusement
devices and/or an arcade and when, where and for how long a period
of time in each place within the last five years.
(4)
The proposed number of mechanical amusement devices
and their proposed location in the premises.
D.
The application shall be signed by the owner-applicant
or, in the case of a club, corporation or association, shall be signed
by its president and secretary. Any false or incorrect statements
made on any such application shall be immediate and substantial grounds
for revocation of a license granted pursuant to such application.
No amusement arcade license shall be granted
to a person who is under 18 years of age, or to any person who has
been convicted of any crime involving moral turpitude, or to any person
who has been convicted of a felony or misdemeanor involving gambling
or fraud or to any person found not to be of good moral character
or any person who shall have previously been connected with any mechanical
amusement device and/or arcade operation where the license for such
operation has been revoked.
A.
Prior to the issuance of a license pursuant hereto,
an inspection of the premises involved shall be made by the Township
Engineer (or his designated representative) and by the Chief of Police
(or his designated representative) and by the Chief of the Fire Department
(or his designated representative) and their approval or disapproval
noted on the application before consideration by the Township Board.
(1)
Before the Township Engineer approves the same, he
shall determine that the construction of the building involved is
in full compliance with Building Code[1] and other pertinent Township ordinances. The Township Engineer shall also determine whether the proposed arcade complies with all requirements of the Chapter 285, Zoning.
(2)
Before the Chief of Police (or his designated representative)
approves the same, he must determine that the applicant is providing
sufficient traffic aids and regulations whereby the vehicular traffic
shall not constitute a nuisance or danger. The Police Department shall
take a traffic study and also determine whether sufficient parking
spaces are provided for the proposed arcade pursuant to the State
Motor Vehicle Code and the Township's traffic ordinances and
traffic-control orders, zoning ordinances, and directives of the Chief
of Police (or his designated representative) as provided from time
to time before approving the application.
(3)
Before the Chief of the Fire Department (or his designated
representative) approves the same, he must determine that all proposed
mechanical amusement devices and all electrical equipment proposed
to be used herein comply with all applicable ordinances, codes, statutes,
rules and regulations regulating the same.
B.
The application shall be rejected if the person conducting
said investigation finds any violation of such codes, ordinances,
statutes or rules and regulations.
[Amended 7-22-2002]
The initial annual fee for an amusement arcade,
and for each renewal thereof, shall be as set from time to time by
the Township Board. In addition, a fee for each such mechanical amusement
device as required by this Code shall be paid.
The Township Board, upon receiving an application
or reapplication for an amusement arcade license, shall pass upon
the same and, if satisfied that the applicant possesses the qualifications
herein prescribed, may grant a license for one year. The Township
Board may reject any application if it finds any of the following:
B.
Approval has not been noted on the application by
the Township Engineer, Police Chief, and Chief of the Fire Department.
C.
The applicant has previously violated any provision
or requirement of the Township ordinance regarding mechanical amusement
devices and/or arcades.
D.
The proposed arcade would be harmful to the public
safety, health, morals or welfare of the Township.
E.
The proposed location of the arcade (including its
parking facility) is within 500 feet from the nearest point of the
property line of a public or private elementary, middle, junior or
senior high school.
F.
The proposed location of the arcade (including its
parking facility) is within 500 feet from the nearest point of the
property line of an already existing arcade in the Township.
G.
The applicant has failed to provide all the information required by § 16-15, and the Township Board finds that such failure to provide the requested information prohibits the Township Board from making a determination of the applicant's qualifications for an arcade license.
H.
The proposed arcade would cause the number of presently
existing arcades within the Township to exceed the ratio of one arcade
for every 4,000 population in the Township as determined by the latest
federal census and the Township Board finds that the addition of any
more arcades would be harmful to the public safety, health, morals
or welfare of the Township.
A.
All applications for the licensing of an arcade shall
be approved by a majority vote of the Township Board. The matter of
approving or rejecting the license application shall be set only after
the applicant and the premises have been approved by the Engineer,
Fire Chief and the Police Chief.
B.
Upon approval of the Township Board, the Clerk shall
issue the necessary license.
A license issued pursuant to the provisions
of this article shall be displayed at all times in the licensed premises,
and the licensee shall also place an identification sticker issued
by the Township Clerk on each mechanical amusement device.
[Amended 7-22-2002]
No amusement arcade license shall be assignable
or transferable.
If the holder of an amusement arcade license
desires to change the location of the arcade he shall so notify the
Township Board and file a new application for a license, provided
that the Board may dispense with proof of good character.
All licensed arcades shall be limited to the number of mechanical amusement devices set forth in its application for a license unless it receives prior consent from the Township Clerk to place additional devices in the arcade. The Township Clerk, before giving said approval, must first send the applicant's request for additional devices to the Police Department and Fire Department to conduct an investigation as required in § 16-17 and obtain their approval concerning the additional machines.
No mechanical amusement device arcade licensee
shall permit any obstruction of a public view by the use of drawn
shades, blinds, screens, posters, or walls of a permanent or movable
nature.
An application for renewal of an amusement arcade
license shall be considered in the same manner as an original application.
The Township Board may revoke any license issued under this article for any violation of any of the provisions of this article by the owner or operator, with respect to the operation of the mechanical amusement devices or arcades under the provisions of either this Article I or Article II hereafter. The Township Board may revoke any license issued under this article with respect to the operation of mechanical amusement devices for any acts or conduct of customers, patrons, or other persons in or about the premises in which the mechanical amusement devices are being operated which (acts or conduct) are in violation of any of the terms or provisions of this article and which (acts or conduct) are known to the owner, distributor or operator. The Township Board may also revoke any license issued under this article upon a determination by the Fire Marshal of the Fire Department that the premises in which the mechanical amusement device and/or arcade are being operated or the manner in which the business is being conducted therein constitutes a fire hazard or any violation of the applicable fire regulations or code of the Township of Grosse Ile or other statutes of the State of Michigan pertaining to fire prevention or safety. Any license so revoked by the Township Board shall not be reissued to the same licensee until at least one year has elapsed from the time of revocation. Any license revoked under the provisions of this article by the Township Board shall be revoked after a hearing before the Board at a time and place to be set by the Board for such hearing. Written notice of the time and place of such hearing shall be given to the licensee at least 10 days prior to date of hearing.
[Amended 7-22-2002]
[Adopted 12-12-1983 by Ord. No. 150]
No person shall distribute, place, maintain,
or offer to the public for use or operation, any mechanical amusement
device without having first obtained an appropriate license therefor,
as required by this article. Licenses issued under this article shall
be valid for a period of one year from the date of issuance, at which
time they must be renewed. Such renewal may only be had upon compliance
with the inspection and fee requirements of this article.
[Amended 7-22-2002]
The license fee for each distributor shall be
as set from time to time by the Township Board.
[Amended 7-22-2002]
The license fee for any owner/operator, as defined
herein, shall be as set from time to time by the Township Board. The
referenced license fee shall be in addition to any building inspection
fees and/or electrical inspection fees that may be required by the
Township Building Code,[1] which fees shall be those as established from time to
time by the Board of Trustees.
A.
No license shall issue for a distributor except upon
written application to the Township Clerk. Such application shall
contain the following information in detail:
(1)
The name and address of the distributor;
(2)
The phone number where the distributor can be reached
at all times;
(3)
The proposed location for the placement of mechanical
amusement devices;
(4)
The name and address of the owner of each proposed
location; and
(5)
The number of machines proposed for each location.
B.
The license fee shall be paid at the time of issuance.
The applicant shall not be permitted to operate until such time as
the license is actually issued by the Township Clerk.
C.
Any license so issued shall be posted conspicuously
at the licensee's place of business.
Each and every mechanical amusement device shall
have affixed thereto, in a conspicuous place, a suitable and permanent
identification stamp, mark or plate bearing the name and address of
the distributor thereof. The Township Clerk shall furnish a list containing
the names and addresses of all licenses hereunder to the Chief of
Police to facilitate inspection as required by this article.
The Police Department and other Township departments
for the purpose of enforcing this article or any other ordinance relating
to the health, safety and welfare of the public shall have the right
to enter the place of business of any licensee under this article
at any reasonable hour for the purpose of making an inspection and
survey of the premises and the equipment therein, and it shall be
unlawful for any person to resist or attempt to prevent any of the
above named officers or employees from carrying out the purposes set
forth. Said officer shall affix a seal upon each electronic/mechanical
amusement device after inspection and issuance of license thereof
indicating compliance with the applicable provisions of this article.
A.
No license shall be issued for an owner/operator except
upon written application to the Township Clerk accompanied by the
payment of the appropriate licensing fee. The application shall contain
the following:
(1)
The name and address of the owner/operator;
(2)
The owner's/operator's phone number where
he/she can be reached at all times;
(3)
The name, address and phone number of the distributor
from whom the owner/operator desires to obtain his mechanical amusement
devices;
(4)
A set of plans and specifications indicating the proposed
location of each machine within the applicant's business establishment;
the Township Clerk shall forward the plans and specifications to the
Department of Community Development for a complete report prior to
the issuance of any license; and
(5)
A statement specifically setting forth the number
of machines which the owner/operator seeks to maintain on the premises.
B.
The licensee shall not be permitted to operate until
such time as the license is actually issued.
C.
The Township Clerk may not issue a license without the approval of the Department of Community Development. In the instance where the applicant seeks to license two mechanical amusement devices, or less, the Township Department of Community Development may waive the requirement of a specific set of plans and specifications showing the exact dimensions of the proposed location for such machines. However, each machine shall be inspected by the Township Electrical Inspector and appropriate fees paid pursuant to § 16-32.
D.
The licensee shall post the license issued under this
article in a conspicuous place upon his premises.
A.
The Township Clerk shall issue no license for the
operation of more than two mechanical amusement devices in the Township
of Grosse Ile without the prior approval of the Department of Community
Development, the Chief of Police and Fire, and all other applicable
Township officers.
B.
Any applicant for three or more mechanical amusement
devices must do the following in addition to all other requirements
set forth in this article.
C.
The Department of Community Development shall only
give such approval upon a complete inspection of the premises of the
proposed business housing three or more mechanical amusement devices,
and a finding that:
(1)
The premises comply with all zoning requirements as set forth in Chapter 285, Zoning, as amended.
(2)
The construction and proposed mechanical amusement
device placement complies with all ordinances, codes and rules and
regulations including but not limited to the BOCA Basic Building Code,
the National Electrical Code of 1978, or its successor, and the Michigan
Plumbing Code.
(3)
For each mechanical amusement device on the proposed
premises there exists at least 100 square feet of available floor
space for public use. It shall also be determined by the Chief of
Police and Fire, or his designee, that the mechanical amusement devices
are arranged in a configuration which allows the rapid and efficient
egress or ingress of the premises in the event of an emergency such
as fire.
D.
The Chief of Police and Fire, or his designee, shall
be responsible for inspecting the premises for the purpose of assuring
fire safety and adequate crowd control. The Chief or his designee
shall inspect the premises and require compliance with all appropriate
fire code regulations.
E.
The Chief of Police and Fire, or his designee, shall
also review a crowd control plan to be proposed by the owner/operator,
relative to plans and procedures to vacate the premises in the event
of a fire or other emergency situation.
F.
Upon the recommendation of the Department of Community
Development and the Chief of Police and Fire, or his designee, the
Township Clerk shall issue the requested license. The license shall
become valid only upon final inspection of all installation and placement
of the appropriate seal by the Department of Community Development.
[Amended 7-22-2002]
No license shall be issued for premises having
three or more amusement devices:
A.
Where the individual operator, managing agent of a
corporation, or active partner has been convicted of a crime involving
moral turpitude, a felony or misdemeanor involving gambling or fraud
or any person or persons who shall have previously been connected
with any mechanical amusement device and/or arcade operation has been
revoked.
C.
Where revocation of license, pursuant to this article,
of the applicant or corporate officer of the applicant has occurred
within two years preceding the filing of the application.
D.
A false statement as to a material matter made in
an application for a permit.
E.
For any premises that do not provide space for safe
ingress and egress of such premises.
F.
For any premises that have living quarters with direct
entry to the premises.
Nothing in this article shall in any way be
construed to authorize, license or permit any gambling device whatsoever,
or any mechanism that has been judicially determined to be a gambling
device, or in any way contrary to law.
If the Chief of Police and Fire, or his designee,
shall discover or have reason to believe any mechanical amusement
device is being used as a gambling device, such machine may be seized
by the police and impounded and if, upon the trial of the owner/operator
and/or distributor for allowing it to be used as a gambling device,
such owner/operator and/or distributor is found guilty, such machine
shall be destroyed by the Police Department or disposed of as otherwise
provided by law, and the fact thereof recorded by the appropriate
entry made in the court records of such proceedings.
It shall be the duty of the Police Department
to periodically make inspections of all mechanical amusement devices
and, if any unlawful mechanical and/or electrical adaptation or improper
practices are observed in connection thereof, to report the same to
the Chief of Police and Fire, or his designee, for such action as
may be deemed appropriate and to recommend the immediate revocation
of such license.
Any owner/operator licensed under the provisions
of this article shall:
A.
Maintain a complete and accurate list of all mechanical
amusement devices on his/her premises, the name of the distributor
thereof, and the respective serial number of each machine. The list
shall be made available to the police upon demand.
B.
Permit no student who has not attained the age of
18 years to operate mechanical amusement devices during his/her scheduled
school hours.
C.
Prohibit the sale, purchase, possession or consumption
of any alcoholic beverages on the premises unless otherwise permitted
by law.
D.
Prohibit the sale, purchase, possession or consumption
of any controlled substance, as defined by state statute, upon the
premises.
E.
Not permit the operation of a mechanical amusement
device by a person younger than 14 years of age except between the
hours of 9:00 a.m. and 10:00 p.m., unless accompanied by a parent
or legal guardian.
F.
Not permit the operation of any mechanical amusement
device by a person between the age of 14 and 17 years except between
the hours of 9:00 a.m. and 12:00 midnight, unless accompanied by a
parent or legal guardian.
G.
Not permit any indecent, immoral or profane language
or any indecent, immoral or profane conduct.
H.
Not permit intoxicated persons on the premises, regardless
of whether the intoxication results from use of alcohol or drugs.
I.
Not permit the violation of any state law or municipal
ordinance.
Any owner/operator who requests a license for
the operation of three or more mechanical amusement devices shall
be required to provide sufficient off-street parking to accommodate
the vehicles and bicycles of patrons. Such parking area shall be well-lighted
after dark and maintained in a safe, clean manner and shall not interfere
with the safe, expeditious movement of other vehicular traffic and
pedestrians.
A licensee hereunder shall provide sufficient
bicycle storage racks so as to adequately provide for the storage
of bicycles utilized by patrons of the permitted premises if such
racks be needed, as determined by the Department of Community Development
and/or the Chief of Police and Fire, or his designee.
[Amended 7-22-2002]
Any license issued in accordance with this article
may be renewed for an additional year upon the same terms and subject
to the same requirements as provided herein for an original license.
Whenever the holder of such license desires to effect a change of
place of doing business, he/she shall apply for a license for such
new place in the same manner as in the first instance. No license
issued pursuant to this article shall be assignable or transferable,
nor shall any person or entity excepting the person or entity to which
it was issued be permitted to do business thereunder either directly
or indirectly.
The Township Clerk shall have the right to revoke
any license once granted or deny annual renewal thereof when it appears
to the Clerk's satisfaction that any operator/owner or licensee
has violated this article, any ordinance of the Township of Grosse
Ile, or statute of the State of Michigan with regard to the premises
where the mechanical amusement device or machine is located, or other
ordinance of the Township of Grosse Ile, or statute of the State of
Michigan or the United States, involving controlled substances, alcohol,
minors, or any offense involving moral turpitude. The revocation of
any license or the denial of renewal thereof shall not be made without
a hearing. Notice shall first be given to the operator or licensee
setting forth the time and place of hearing and the reasons for such
revocation or denial of renewal of said license.
