[HISTORY: Adopted by the Village Council of the Village of Bellevue 12-6-1982
by Ord. No. 81. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise indicates, the
following terms shall have the following meanings:
Any machine electronically displaying a pattern for playing a game
which is operated or projected electronically, which, upon insertion of a
coin, slug, token, plate, disc, key or other device, may be operated by the
public generally for use as a game, entertainment or amusement, whether or
not registering a score.
Includes any person who operates or exhibits one or more mechanical
amusement device, or electronic amusement device, billiard table, pool table,
for public patronage, within the Village of Bellevue, at any one location.
Any machine, which upon insertion of a coin, slug, token, plate,
disc, key or other device, may be operated by the public generally for use
as a game, entertainment or amusement, whether or not registering a score;
provided, however, that machines designed exclusively for the use of children
as amusements, wherein said children ride upon or are placed within the machines
for a period of time and for which no skill or use of levers or other devices
are necessary for manipulation of the device to obtain a score or other return,
shall not be included within this definition.
Any person, firm, corporation, association or any other business
entity.
[1]A.
Any person displaying for public patronage or keeping for operation any table, mechanical amusement device, billiard table, pool table, pigeon hole table, or electronic amusement device as herein defined by § 10-1, shall be required to obtain a license from the Village Clerk upon payment of the prescribed license fee. Application for such license shall be made to the Village Clerk upon a form to be supplied by the Village Clerk for that purpose. Each application must be approved by the Village Council, prior to granting a license. It is hereby declared to be unlawful for any person to display for public patronage or keep for operation any table, mechanical amusement device, or electronic amusement device, as defined in § 10-1, without first obtaining a license as herein provided.
B.
No license shall be required for, nor shall this chapter
apply to, any device or table operated solely by the owner thereof or operated
by others with the owner's consent without payment of any charge, fee, or
the insertion of any money, slug, token, plate, disc, key or other device;
provided, however, that nothing herein contained shall require more than one
license to be had by any exhibitor whose place of business contains only slots
for the insertion of coins to operate devices not located on the premises
of such exhibitor.
A.
The application for such license shall contain the following
information:
(1)
Name and address of the licensee and the name and address
of the owner of the table, mechanical amusement device or electronic amusement
device; if a partnership, the name and address of each partner thereof; if
a corporation, the name and address of the local officer or resident agent
of such corporation.
(2)
Prior convictions of applicant of violations of this
chapter, if any.
(3)
Place where table or device is to be displayed or operated
and the business conducted at that place, together with the type and number
of devices to be used.
(4)
Description of each instrument, whether billiard, pool,
pigeon hole table, mechanical amusement device, or electronic amusement device;
if a mechanical or electronic amusement device, a description of each instrument
is to be displayed.
B.
No license shall be issued to any applicant unless he/she
shall be over 18 years of age.
The application for a license shall be filed with the Village Clerk
who shall investigate same and cause the Village Police Chief and Fire Chief
to investigate the locations wherein it is proposed to operate such instrument,
ascertain if the applicant is a person of good moral character and either
approve or disapprove the application. The application shall be delivered
by the Village Clerk to the Village Council for approval or disapproval.
Every exhibitor shall pay an annual license fee, as set forth by the
Village Council from time to time. This fee shall be paid to the Village Clerk
for the privilege of operating or maintaining for operation each table, mechanical
amusement device, or electronic amusement device.
A.
Licenses shall be displayed permanently and conspicuously
on the premises.
B.
If the licensee shall move the place of business to another
location within the Village of Bellevue, the license may be transferred to
such new location upon application to the Village Clerk giving street and
number of new location and approval therefor being given by the Village Chief
of Police and Fire Chief. Approval shall not be unreasonably withheld.
C.
When the business of a licensee is sold or transferred,
the license or licenses of such licensee may be transferred to the new owner
or transferee with the consent of the Village Police Chief and Fire Chief
upon application to the Village Clerk. Consent shall not be unreasonably withheld.
Each license issued under this chapter is subject to the right of the
Village, which is hereby expressly reserved, to revoke the same, should the
licensee, directly or indirectly, permit the operation of any table, mechanical
amusement device or electronic amusement device contrary to the provisions
of this chapter or any other ordinance of this Village, or law of the State
of Michigan. Such license may be revoked by the Village Council after written
notice to the licensee, which notice shall specify the violations with which
the licensee is charged, if at the hearing conducted by the Village Council
the licensee is found to be guilty of such violations. At least five days'
notice of the hearing shall be given to the licensee by first-class mail.
The licensee and/or his/her representative may be present at the hearing and
submit evidence in the defense of the licensee.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism that has
been or may be judicially determined to be a gambling device, or in any way
contrary to law or contrary to any future laws of the State of Michigan. If
any such gambling device is inadvertently licensed under this chapter, such
licensing shall not be construed as legalizing such gambling device.
If the Village Police Chief shall have reason to believe any mechanical
amusement device or electronic amusement device is used as a gambling device,
such machine may be seized by the Village Police Chief and impounded and if,
upon trial of the licensee for allowing it to be used as a gambling device,
such licensee be found guilty, such machine shall be destroyed by the Village
Police Chief.
It is hereby unlawful for any person to display for public patronage
or keep for operation any machine or device which shall dispense or vend cartridges,
bullets, shotgun shells or any similar article of any explosive nature which
is capable of being used in firearms.[1]
A.
A violation of this chapter is a municipal civil infraction.
The penalty for a violation that is a municipal civil infraction shall be
a civil fine in an amount set by resolution of the Village Council from time
to time.
B.
In addition to any other penalty provided hereunder,
any licensee hereunder who shall be second time convicted of any of the provisions
of this chapter shall upon such second conviction forfeit any and all rights
or privileges granted to conferred by any license issued under this chapter.
