[HISTORY: Adopted by the Common Council of the City of St. Francis
as §§ 12.03, 12.05, 12.07, 12.18, 12.25 and 14.16 of the 1981
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parades and runs — See Ch. 329.
A.
Purpose. It is determined that it is in the best interest
of the health, safety, and welfare of the community to establish reasonable
regulations for the operation of arcade businesses and use of amusement devices.
B.
AMUSEMENT DEVICE
AMUSEMENT DEVICE OWNER
ARCADE
ARCADE OPERATOR
GAMBLING DEVICE
GOOD MORAL CHARACTER
(1)
(a)
(b)
(c)
(d)
(2)
PERSON
PREMISES
SLOT MACHINE
SUPPLIER
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Includes any instrument or device used for playing games of skill
or miniature games of sport, in which the element of chance is not involved
and for which a consideration, either in coin or other thing of value, is
required for the playing or operation thereof and shall include a mechanical
or electronic machine which, upon the insertion of a coin, token or slug,
operates a game, contest or amusement, including but not limited to video
machines, pinball, foosball, bowling, darts, pool and billiards, except music
and film reviewing machines, whether controlled from a different location
other than the device, or if payment is made other than at the machine.[1]
Any person having a bona fide ownership of an amusement device, operating
such amusement device on his premises.
Any premises containing six or more amusement devices for the primary
use and entertainment of the public, except premises for which a license to
sell fermented malt beverages and/or intoxicating liquors has been issued
by the City.
The person, firm or corporation having control of the premises upon
which an arcade is located.
Any instrument, device or thing used or usable for gambling or playing
any game of chance for money or any other thing of value.
The person under consideration has exhibited conduct consistent with
that of the average person with regard to reputation, citizenship, decency,
honesty and respect for law and order.
The following, without limitation due to enumeration herein, shall be
considered to be evidence of activities inconsistent with good and moral conduct:
Conviction within five years preceding application for license of a
crime involving moral turpitude, except as set out below.
Conviction of the offenses of contributing to the delinquency of minors,
exposing minors to harmful materials, liquor law violations involving minors,
sex offenses or sexual assaults involving minors, or offenses against the
Controlled Substances Act,[2] which offenses are hereby deemed to be of special concern, affecting
the health, safety and welfare of youth.
Being a probationer or parolee under the jurisdiction of the State Department
of Health and Family Services, Department of Corrections or a similar agency
of another state or the federal government.
Being known to any police agency to be habitually disorderly as to conduct;
a habitual drunkard or user of illegal controlled substances; a gambler; a
frequenter of disorderly houses; a vagrant; an associate of known criminals;
or to have knowingly given false information to any police or government agency
concerning any investigation, application or other proceeding.
In the event that any application for a license under this section is
denied on the grounds that a person named in the application is not of good
moral character, such person may, using the procedures provided for in Ch.
68, Wis. Stats., demand the reasons therefor in writing and shall be afforded
the opportunity to, if desired by such person, have a hearing as provided
for under that chapter and to present evidence on his behalf.
Any natural person, partnership, joint venture, society, association,
club or corporation, or any officer, agent, employee or any representative
thereof, in any capacity.
All lands, structures and places and also the equipment and appurtenances
connected or used therewith in any business, and also any personal property
which is either affixed to or is otherwise used in connection with any such
business conducted on such premises.
Any instrument or device which is operated by the insertion of a
coin or token and which entitles the operator to money or another thing of
value as a prize or reward for any result over which the operator has no control.
It shall be immaterial that any such instrument or device may also vend merchandise.
Any person, firm or corporation owning an amusement device set up
for public use or operation in the City upon the premises of another. Any
person, firm or corporation owning and operating an amusement device set up
in his or its place of business shall not be deemed a supplier within the
meaning of this section.
C.
Gambling device prohibition. No person shall set up for
operation, operate, lease or distribute any gambling device or slot machine,
except as provided by state law.
D.
Arcade operator, amusement device owner and supplier.
No person shall operate an arcade or own, install or place an amusement device
in the City without first having obtained the appropriate license therefor
from the Common Council.
E.
Application for license. An application for a license
shall be filed with the City Clerk on forms to be furnished by the Clerk,
which form shall require the following information:
(1)
Name and address of the applicant.
(2)
In case of partnership, the names and addresses of all
partners.
(3)
In case of a corporation, the names and addresses of
all officers, directors and stockholders of 10% or more of the capital stock
of the corporation.
(4)
In case of clubs, associations or other organizations,
the names and addresses of all officers.
(5)
The location of the premises to be licensed and the name
and address of the owner or owners of such premises.
(6)
Whether or not any person or persons named in the application have ever been convicted of violating any federal or state law bearing a criminal penalty, or any county, local or municipal ordinance in conformity therewith, or any offense described in Subsection (2)(b) of the definition of "good moral character" in Subsection B above.
(7)
The number of games, machines, tables or amusement devices
to be located upon the premises to be licensed to an arcade operator or amusement
device owner.
F.
Quota.
(1)
Not more than one license for an arcade operator shall
be issued for each 4,000 population of the City.
[Amended 5-16-2006 by Ord. No. 1217]
(2)
Not more than one license for suppliers shall be issued for each
1,500 population of the City, except that the number of supplier licenses
issued on the effective date of this section shall remain valid until their
expiration date. Population shall be tied to the federal census and determined
under § 990.01(29), Wis. Stats.
G.
Fees.
(1)
The license fee for a supplier, arcade operator or amusement
device owner shall be as provided by the current fee schedule on file with
the City Clerk and shall be paid to the City Treasurer at the time of filing
the application.
(2)
Any person owning or providing an amusement device or
maintaining or permitting an amusement device on premises owned by him or
under his control shall register such amusement device on premises owned by
him or under his control as required hereunder. Every amusement device shall
be registered with the City Clerk by the owner or possessor thereof. The registration
fee shall be as provided by the current fee schedule on file with the City
Clerk. Such registration fee shall be paid to the City Treasurer at the time
of registration. The City Clerk shall require the registrant to submit such
information as may be necessary to identify the amusement device so registered
and shall issue to the registrant an appropriate registration symbol designed
to permit its secure attachment to the amusement device to be registered.
Each amusement device shall be registered annually by July 1.
H.
Qualifications. A license to a partnership or corporation
shall not be issued if the applicant, or any partner, or the principal officer,
or to any corporation that has a stockholder holding more than 50% of the
capital stock of the corporation, if the applicant is a corporation:
I.
Location of premises.
(1)
No license shall be issued to any applicant unless the
applicant has first obtained a certificate of occupancy for the premises as
provided by this section.
(2)
In any event, no license shall be granted to any person,
firm or corporation to operate a business offering to the public an opportunity
to use amusement devices for a fee which is located within 500 feet from the
boundary of a parcel of real estate having situated on it a school, church,
hospital, public library, park or public playground.
J.
Revocation of license. The Common Council may suspend,
revoke or deny reissuance of any license issued pursuant to this section at
any time, for any reasonable cause, which shall be in the best interest and
for the good order of the City, provided that the licensee shall be accorded
due process of law. Cause for such revocation, suspension or denial shall
include, without limitation for lack of reference herein, any violation of
the provisions of this section or other provisions of this Code relevant to
the operation of such business.
K.
Arcade attendant licenses. A licensed attendant shall
be on the licensed premises at all time during the hours the arcade is open
to the public, in order to provide supervision necessary to maintain proper
order.
(1)
An arcade attendant license shall entitle the holder
thereof to work as attendant upon premises licensed under this section. Such
licenses will be issued by the Common Council only to persons of good moral
character, as previously defined, over 18 years of age.
(2)
A written application shall be filed annually with the
City Clerk stating the name, address, age and sex of the applicant. The application
shall be referred to the Chief of Police for report. A license fee must accompany
the application. There will be no refund of the fee if the license is not
subsequently granted.
(3)
The annual fee for an arcade attendant license shall
be as provided by the current fee schedule on file with the City Clerk. There
will be a charge as provided by the current fee schedule for the issuance
of a duplicate license.
(4)
Each arcade attendant license shall be posted in a conspicuous
place where the licensee is employed.
(5)
Any arcade attendant license issued under this section
may be revoked, suspended or denied, at any time, for any reasonable cause,
which shall be in the best interest of and for the good order of the City.
Any arcade operator's license issued under the provisions of this section
shall stand revoked without further proceedings upon the conviction of a licensee
for maintaining a disorderly or riotous, indecent or improper place of business.
Whenever any such license shall be revoked, no refund of any unearned portion
of the fee paid shall be made.
(6)
All licenses herein provided for shall be issued upon
approval by the Common Council and shall limit the holder thereof to operate
an arcade only on the premises for which the license has been issued. All
licenses shall expire on the 30th day of June following the date of issuance.
(7)
Such license shall bear the date of issuance, 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 City Clerk and such transfer is approved by the Common
Council. A transfer fee as provided by the current fee schedule on file with
the City Clerk shall be paid by the applicant.
(8)
A license issued to a partnership shall not be voided
by the withdrawal of the partner so long as one of the original partners remains.
A new license shall be required if a new partner becomes a member, unless
he already holds a license. A license issued to a corporation shall be voided
if an unqualified person becomes the principal officer or stockholder of 10%
or more of the capital stock in the corporation. All changes in the membership
of a partnership or all changes in the identity of the principal officer or
stockholder of 10% or more of the capital stock of the corporation shall be
reported to the City Clerk within 10 days after they occur.
(9)
The Common Council shall require the St. Francis Police
Department to make an investigation of all persons named in an application
for a license and report the findings of such investigation to the City Clerk.
L.
Conduct of business and miscellaneous regulations.
(1)
Every applicant procuring a license thereby consents
to the entry of police or other duly authorized representatives of the City
at all reasonable hours for the purpose of inspection and search and consents
to the removal from such premises of all things and articles there had in
violation of City ordinances or state laws and consents to the introduction
of such things and articles in evidence in any prosecution that may be brought
for such offenses.
(2)
Each licensed premises shall at all times be conducted
in an orderly manner, and no disorderly, riotous or indecent conduct shall
be allowed at any time on any licensed premises.
(3)
There shall be upon premises operated under an arcade
license at all times some person who shall have an arcade attendant's license
and who shall be responsible for the acts of all persons employed at such
premises.
(4)
No premises licensed under this section shall be permitted
to remain open between the hours of 11:00 p.m. and 9:00 a.m. of any day.
(5)
No patrons or guests shall be permitted to enter or remain on the licensed premises during the closing hours provided in Subsection L(4) above.
(6)
Nothing in this section shall be construed to authorize
or permit or license any gambling device of any nature whatsoever.
(7)
No person, while using or operating a game of amusement
or amusement device or while on the licensed premises, shall gamble or make
any bets.
(8)
In no event shall card playing be permitted on such licensed
premises, even if such card playing is for social purposes only.
(9)
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
the requirements of this Code and as hereinafter set forth.
(10)
No person, while on a premises licensed hereunder, shall
have in his possession any intoxicating liquor or fermented malt beverage.
(11)
No person under the age of 18 years of age shall be permitted
on the licensed premises where the use of games of amusement or amusement
devices is offered to the public for a fee before the hour of 3:00 p.m. on
any day that the St. Francis public schools are in session unless accompanied
by his or her legal parent or guardian.
(12)
The licensee of the premises shall provide a minimum
unobstructed area of two feet between the fronts 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.
(14)
All areas of the licensed premises shall, during business
hours, have a sustained minimum white light illumination of 30 footcandles,
measured on a plane 30 inches above the floor.
(15)
The licensed premises shall afford front window treatment
of such design as to allow full observation of the interior of the premises
from the public way at all times.
(16)
The licensee of the premises shall provided a bicycle
storage area sufficient to take care of the needs of all customers, which
shall be located off the public way.
M.
Seizure. The Chief of Police or any officer at his direction
may seize or cause to be seized any amusement device upon which is not affixed
a registration symbol as herein required. The ownership or possession of any
nonregistered amusement device is a violation of this section.
N.
Transferring or counterfeiting registration. No person
shall counterfeit a registration symbol or transfer such registration symbol
from one amusement device to another without having previously registered
such transfer with the City Clerk.
A.
License required. No person shall maintain or operate
any carnival within the City without first obtaining a license therefor as
hereinafter provided.
B.
Definition. A carnival for purposes of this section shall
be defined as being the temporary setting up, maintaining and operating of
mechanical devices of any character for the enjoyment of the public and for
the use of which a fee is charged.
C.
Application. Application for a carnival license shall
be made by the applicant to the Common Council in writing at least 60 days
before the planned event, and all of the information regarding insurance,
etc., shall be filed within 30 days and referred by the Council to the Administration
Committee for examination of the qualifications, character and reputation
of the applicant and into the desirability of permitting the carnival to operate,
show or exhibit in the City. If the Council deems that such applicant is not
a proper person to maintain and operate a carnival or that the carnival is
not desirable, such application shall be denied.
D.
Requirements.
(1)
Insurance required. No license shall be granted unless
the applicant therefor shall have filed with the City Clerk a public liability
insurance policy in a sum of $2,000,000 with the condition that the applicant
shall indemnify and save harmless the City and its officers and agents and
citizens against any injuries and damages resulting or arising from the conducting
of any carnival for which the license is issued or from the performance by
the applicant or his agents of any negligence incident to the conduct of such
carnival and that the applicant shall pay all judgments, costs and charges
that may be recovered against the City or any of its officers or agents by
reason of the conduct of such carnival.
(2)
License fees required. No license shall be issued unless
the applicant shall pay a license fee for the operation or maintenance of
the carnival as provided by the current fee schedule on file with the City
Clerk and set up on a calendar-week basis or any fraction thereof. Each application
for a license to conduct, operate or maintain a carnival shall first be referred
to the local Aldermen of the ward in which the proposed carnival is to be
located and the Aldermen of any contiguous wards which would be affected by
such operation.[1]
(4)
Excessive noise prohibited. No noise-making devices or
barking to attract customers or solicit business shall be permitted after
10:00 p.m.[3]
(5)
Inspection of mechanical devices. The applicant shall
indicate the date of the last state inspection of rides, merry-go-rounds and
other mechanical devices.
E.
Revocation. Any license granted by the Common Council
under the provisions of this section may be revoked by the Council, provided
that such carnival shall not be maintained if the person who maintains, owns,
controls or operates such carnival shall permit the violation of any provisions
of this Code or state laws or where, in the opinion of the Council, the carnival
is deemed undesirable.
A.
License required.
(1)
No person shall hold any public ball or hold classes
in dancing in the City until the premises in which the same are to be held
has been duly licensed for such purposes as provided herein.
(2)
Qualification of applicant. No license herein shall be
granted to any person who is not of good moral character and a full citizen
of the United States and of this state and who has not resided in the City
continually for at least one year prior to the date of filing the application;
provided, however, that any applicant who is the owner or who has completely
consummated a purchase of the real estate premises to be licensed may be licensed
by the City of St. Francis, provided that said owner-applicant or purchase-applicant
shall establish residence within the City of St. Francis not later than January
1 next following the granting of said license. In the event that said owner-applicant
or such purchase-applicant fails to establish residence within the required
period and to maintain and retain such residence continually thereafter, no
additional license shall be issued to said applicant.
(a)
No license shall be granted or issued to any person who
has been a petty law offender or who has been convicted of any offense against
the laws of the United States or any laws of this state punishable by imprisonment
in the state prison or other penal institution as felonies unless the person
so convicted has been duly pardoned. The provisions of this subsection shall
apply, however, to all officers and directors of such corporation, excepting
the requirement herein as to residence in the City.
(b)
No license shall be granted to any person under 18 years
of age.
(c)
Whenever any license shall be revoked, at least 12 months
shall elapse before any other license shall be granted to the person whose
license was revoked.
(3)
Restriction of corporations. No corporation organized under the laws of this state or of any other state or foreign country shall be given a license herein unless such corporation shall have first appointed, as agent, a citizen of the United States who shall qualify for the same as an applicant under Subsection A(2) hereof and shall have vested in him, by properly authorized and executed written delegation, full authority and control of the premises described in the license of such corporation and of the conduct of all business therein, as the licensee itself could in any way have and exercise if it were a natural person resident in the state, nor unless such agent is, with respect to his character and record and reputation, satisfactory to the Common Council.
(a)
No license shall be granted to any corporation when more
than 50% of the stock interest, legal or beneficial, is held by any person
or persons not eligible for a license under this section, excepting the requirement
herein as to residence in the City, and each corporation applicant shall file
with its application for such license a statement by its officers showing
the names and address of the persons who are stockholders not eligible for
a license herein, together with the amount of stock held by such person or
persons, and it shall be the duty of such corporation applicant to file with
the City Clerk a statement of transfers of stock to persons not eligible for
license herein within 48 hours after such transfer of stock, and any license
issued to a corporation shall stand revoked without any further proceedings
upon the transfer of more than 50% of the stock interest, legal or beneficial,
to any person or persons not eligible for a license under this section.
(b)
The provisions of this section shall not apply to duly
organized fraternal organizations.
B.
Classes of licenses and fees. There shall be the following
classes and denominations of dance hall licenses which, when issued by the
City Clerk under the authority of the Common Council after payment of the
fee herein specified, shall permit the holder to hold a public dance or ball.
The term "public dance or ball" as used in this section shall mean any dance
or ball to which admission can be had, with or without charge, when under
the personal supervision of the licensee or by payment of a fee or by the
purchase, possession or presentation of a ticket or token for which a charge
is made for caring for clothing or other property or any other dance to which
the public generally may gain admission with or without payment of a fee.
(1)
Nonprofit or charitable organization dance hall license.
No fee.
(2)
Public dance hall license.
(a)
Fee; expiration. The license fee shall be as provided
by the current fee schedule on file with the City Clerk. The license shall
expire on June 30 of each year.
(b)
Application. The application for such license shall be
filed with the City Clerk for presentation to the Common Council. Such application
shall state the name and address of applicant, whether the applicant is a
citizen of the United States, whether the applicant has resided in the City
for two years prior to the date of the application, the location at which
such public dance hall is intended to be conducted, the name of the person
or company owning premises for which a permit is asked, whether the applicant
has within two years prior to the date of his application been licensed to
conduct a public dance hall in the City, the location where the applicant
conducted such public dance hall under such license, if any, and whether the
applicant has been convicted of any law regulating the conduct of public dance
halls. All such violations shall be accompanied by a receipt of the City Treasurer
showing payment of the license fee.
(c)
Investigation and issuance. Whenever any applicant shall
have properly filed his application, the City Clerk shall forward the application
to the Common Council for approval. All applications shall be referred to
the Chief of Police, who shall investigate such application to determine whether
the dance hall to be licensed complies with all regulations and laws applicable
thereto, and in making such investigation the Chief of Police shall, when
desired, have the assistance of the Building Inspector, the Health Officer/Public
Health Administrator and the Chief of the Fire Department. The Chief of Police
shall recommend whether a license should be granted or refused. No license
shall be renewed except after inspection of the premises as provided herein.
No such license shall be issued until favorable action upon the application
therefor is first had by the Common Council.
(d)
License restrictions. The following restrictions and
conditions shall be met by persons holding public dance hall licenses under
this section:
[1]
Safety. No license for a public dance hall or a tavern
amusement premises shall be issued until it is known that such hall or tavern
amusement premises complies with and conforms to all Code provisions and health
and fire regulations of the City, that it is properly ventilated and supplied
with sufficient toilet conveniences and is a safe and proper place for the
purpose for which it is to be used.
[2]
Reports of hall renting. Every licensed owner of a dance
shall, immediately upon application being received by him from any person,
club or society to lease or rent his hall for the purpose of holding a public
dance or ball therein, report to the Chief of Police the name and address
of such person, club or society and the date when such public dance or ball
is proposed to be held. If the Chief of Police determines from the Department's
investigation of the applicant and the proposed event that the dance ought
not to be held, he shall, within five days after receipt of notice of application
for lease or rental, notify the licensed owner of such dance hall in writing
that the proposed public dance or ball shall not be held therein, and the
licensed owner of such dance hall shall thereupon refuse to permit such dance
or ball to be held in such hall. Failure on the part of the licensed owner
of such hall to comply with the provisions of this section shall be sufficient
cause for the revocation of the license. Nothing herein shall be construed
as requiring the holder of a dance hall license to secure a dance permit where
the dance is conducted in the hall under the personal supervision of the dance
hall licensee.
[3]
Cleanliness and conduct. All public dance halls shall
be kept at all times in a clean, healthful and sanitary condition, and all
stairways and outer passages and all rooms connected with a dance hall shall
be kept open and well lighted. The Chief of Police or a Sergeant of Police
shall have the power and duty to cause the place, hall or room where any dance
or ball is held or given to be vacated whenever any provision of this Code
with regard to public dances and public halls is being violated or whenever
any indecent act shall be committed or when any disorder of a gross, violent
or vulgar character shall take place.
[4]
Minors at public dances. No person shall after 11:00
p.m. permit any person to attend or take part in any public dance who has
not reached 18 years, unless such person is accompanied by a parent or natural
guardian. No person shall represent himself to have reached 18 years in order
to obtain admission to a public dance hall or to be permitted to remain therein
when such person is in fact under 18, and no person shall represent himself
to be a parent or guardian of any person in order that such person may obtain
admission to a public dance hall, and no person shall be permitted to remain
therein when the party making the representation is not in fact either a parent
of guardian of the other person. No person under 18 years shall be granted
a license to hold a public dance under provisions of this section.
[5]
Closing hours. All public dances shall be discontinued
and all public dance halls shall be closed on or before 1:00 a.m., except
that the Mayor, upon application made to him at least two weeks prior to the
date of such public dance, may in his discretion fix the hour of closing at
not later than 3:00 a.m.
(e)
Revocation of license. The license of any public dance
hall shall be forfeited or revoked by the Common Council where the licensee
permits disorderly or immoral conduct on the premises and shall stand revoked
without further proceeding upon the conviction of the person holding such
license of maintaining a disorderly, riotous, indecent or improper house,
or for the violation of any of the rules, regulations and laws governing or
applying to public dance halls or public dances. If at any time the license
of a public dance hall shall be forfeited or revoked, at least six months
shall elapse before another license or permit shall be given for dancing on
the same premises to the same licensee.
(f)
Exemption. This section shall not apply to dances conducted
by schools and churches or by organizations connected with such schools and
churches or by fraternal organizations when attendance is limited to members
and guests, except that all sanitary and police regulations shall be complied
with.
(3)
Tavern dance halls. No person licensed to sell intoxicating liquors or fermented malt beverages at retail by virtue of the license granted under Chapter 273, Intoxicating Liquor and Fermented Malt Beverages, of this Code shall offer, suffer or permit in the place for which such license is granted any dancing, whether public or private, without having first procured a tavern dance hall license as provided herein. This provision shall not apply to premises licensed as public dance halls under Subsection B(1) and (2). See § 273-7.
A.
AMUSEMENT DEVICE
COIN-OPERATED PHONOGRAPH and COIN-OPERATED SOUND MACHINE
DISTRIBUTOR
PREMISES
Definitions. As used in this section, the following terms
shall have the meaning indicated:
Any mechanical device used or designed to be used or operated, for
amusement only, by the insertion of a coin of any kind, and shall include
the type of mechanical device commonly known as "bowling," "baseball," "football,"
basketball," "hockey," "ray gun," "bumper" and "skeet ball" amusement games.
The above enumeration shall not be deemed to be exclusive. Nothing herein
shall be construed to authorize the use or operation of any slot machine or
other gambling device.
Machines or devices which are so constructed or installed that, upon
the insertion in the slot of a machine of a coin, there are reproduced musical
sounds or speeches with or without motion-picture reproduction.
A person who leases or rents or places with others for use or operation
one or more coin-operated phonographs, sound machines, or amusement devices
in the City of St. Francis.
The places where coin-operated phonographs, sound machines or amusement
devices are kept for the use of the public.
B.
No person, firm, or corporation shall, within the City
of St. Francis, place, install, or permit to be installed or placed for use
by the public or any person any coin-operated phonographs, sound machines,
or amusement devices without first having obtained a license and permit as
provided in this section.
C.
When license and permit required. A license shall be
required for each distributor. A permit shall be required for each coin-operated
machine, and a permit shall be required for each premises as herein defined.
D.
License fees. The distributor's license fee for phonographs,
sound machines, and amusement devices shall be as provided by the current
fee schedule on file with the City Clerk.
E.
Fees for coin-operated machines. The fee for coin-operated
machines shall be as provided by the current fee schedule on file with the
City Clerk and shall be paid by the distributor or by the owner or operator
of the premises.
F.
Qualification for license. No distributor's
license shall be granted to any person or copartner not of good moral character,
a citizen of the United States and of this state, and who has resided in Milwaukee
County for at least two years prior to the filing of said application, nor
shall any license or permit be issued to any person who has been convicted
of any offense against the United States or this state punishable by imprisonment
in the state prison or other penal institution as felonies, unless the person
so convicted has been duly pardoned. The provisions of this section shall
not apply to a Wisconsin corporation or a foreign corporation duly licensed
to do business in the State of Wisconsin. Such provisions, however, shall
apply to all officers and directors of such corporation.
G.
Application for distributor's license. The application
for a distributor's license, as defined in this section, shall be in writing
on a form furnished by the City Clerk and shall state that such application
for a license is not made for and on behalf of any other person and that the
applicant is not acting as an agent for or in the employ of another and shall
contain such other information as is required by law pertaining to the past
history of the applicant and shall be subscribed and sworn to before a notary
public or other person authorized by law to administer oaths and shall be
filed with the City Clerk, and, at the time of the filing of such application,
the applicant shall pay to the City Treasurer the license fee. The provisions
of this section shall not apply to a Wisconsin corporation or a foreign corporation
licensed to do business in the State of Wisconsin, but such provisions shall
apply to all officers and directors of such corporation. The provisions of
this section shall apply to partnerships.
H.
Application for permit. Application for a permit for
a coin-operated phonograph, sound machine, and amusement device shall be in
writing on a form furnished by the City Clerk and shall be subscribed and
sworn to before a notary public or other person authorized by law to administer
oaths. The form shall provide for the name of the owner or distributor. The
permit or other symbol shall be delivered to the applicant by the City Clerk
upon payment of the required permit fee, and such permit or symbol shall be
securely fastened to the machine so licensed and shall bear the number corresponding
to the number of the permit application and the description of said machine
in the permit application.
I.
Transfers. No transfer from person to person of a distributor's
license shall be permitted.
J.
Type of reproductions prohibited. No coin-operated phonograph
or sound machine shall be permitted to reproduce vulgar, obscene, or indecent
reproductions or pictures, nor shall any owner or operator or licensee of
any amusement device allow or permit any person to use such machine for gambling
or for playing thereon a game of chance.
K.
Prohibition of injury to devices. No person shall willfully
or maliciously remove, destroy, tamper with, injure, mutilate, or alter any
coin-operated phonograph, sound machine, or amusement device, or any permit
or symbol attached thereto, or insert any slug, token, or counterfeit coin
in any licensed coin machine.
L.
Revocation. Upon conviction of the holder of any license
or coin machine permit for the violation of any provisions of this chapter,
or for violation of any gambling laws of the State of Wisconsin, or of any
gambling ordinance of the City of St. Francis, the license or permit to operate
said machines under this section may be revoked by Common Council resolution,
and the offending coin machine permit or symbols shall be seized and returned
to the City Clerk with a certificate notifying the City Clerk in writing of
the name and address of the licensee or permittee, the numbers of the licenses
or permits, the date of the conviction, and the description of the offense.
No stay of execution by the court shall operate as a continuance of the license
or permit, but a reversal of the judgment of conviction upon appeal and the
filing of a certified copy of such judgment of appeal and reversal with the
City Clerk shall operate as a reinstatement of the distributor's license or
coin machine permit, and the City Clerk shall thereupon return to the licensee
or permittee the license or symbol. The holder of a permit shall have such
permit revoked in the event that there is a conviction for any violation of
this chapter, and said permit shall stand revoked for a period of one year
from the date of the conviction.
M.
Term of license and permit. The term of the distributor's
license and coin machine permit shall be from July 1 to June 30 next following.
No person shall erect, operate or maintain within the City an outdoor
motion-picture theater, also known as a "drive-in theater."
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.
