[HISTORY: Adopted by the Town Board of the Town of Vernon 9-2-2004 (Ch. 22 of the Town Code). Amendments noted where applicable.]
Licenses and permits — See Ch. 206.
The following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Any table, platform, mechanical device or apparatus operated or intended to be operated for amusement, pleasure, test of skill, competition or sport, the use or operation of which is conditioned upon payment of a consideration either by insertion of a coin or token in a slot or otherwise. Such amusement device shall include, but not be limited to, devices commonly known as mechanical or electronic baseball, football, basketball, hockey, pinball, shuffleboard, ray rungs, bowling games, bumper games, ski ball, electronic video games, motor vehicle racing, snowmobile racing, and cart tracks and shall also include billiard tables and pool tables (whether coin-operated or not). Such definition does not include a bowling alley, jukebox, or other coin-operated music machine or a mechanical children's amusement riding device.
- AMUSEMENT PARLOR
- Any premises operated by any organization whose primary purpose or object of its existence or operation is that of providing amusement devices to the public at retail and any premises operated by any organization whose majority of gross receipts are derived from the providing of amusement devices to the public at retail. As used herein, the term "organization" includes all persons and entities, whether incorporated or not, which own, lease or occupy the premises.
No person shall operate, place, keep or have in his/her possession any amusement device as herein defined without having obtained and posted on the premises in plain view a license to operate such a device. Application shall be made to the Town Clerk on forms provided by such officer. The forms shall state the applicant's name, trade name of business and location of proposed amusement device. Within 30 days following receipt of a completed amusement device application, the Town Clerk shall forward such application to the Town Board for consideration. The Town Board shall approve such application unless it finds that the amusement device, or the premises where the amusement device is to be located, is not in compliance with one or more applicable federal, State of Wisconsin, County of Waukesha or Town of Vernon codes, statutes, regulations, ordinances or other laws or that an amusement parlor license is required and has not been obtained.
No person shall operate or keep an amusement parlor, as defined herein, without having obtained and posted on the premises, in plain view, a license to operate such parlor. Application shall be made to the Town Clerk on the form provided by such office, accompanied by the application fee in Chapter 206 of this Code, which shall cover the cost of processing the application and shall be nonrefundable. The application shall set for the following information:
The name and address of the applicant or, if a partnership, the names and addresses of all the partners or, if a corporation, the names and addresses of the principal officers and registered agent thereof and the name and address of the person(s) who will supervise the amusement parlor.
The names and addresses of the owners of the amusement devices to be located on the licensed premises, if such owners are different from the applicant. If the owners of the amusement devices are a partnership, the names and addresses of all the partners shall be provided. If a corporation, the names and addresses of the principal officers and registered agent thereof shall be provided.
A building plan of the premises to be licensed specifically describing and otherwise showing all dimensions, indicating the intended division of floor space, exits and entrances, the areas to be used for amusement devices and the common aisles.
A site plan of the premises to be licensed which shall include the proposed landscaping for the subject premises and all the improvements, parking and driveway areas, and landscaping located on property adjacent to within 20 feet of the property lines of the premises to be licensed.
If the applicant operates other amusement parlors in other areas, or has done so in the past, the names and addresses of such other licensed establishments.
Such additional information as the Town deems necessary to assist it in determining the qualifications of the applicant for such license.
The application shall be forwarded to the Town Board, which shall hold a public hearing prior to the granting or denial of any amusement parlor license. In reviewing each application, the Town Board shall only grant the application upon making the following findings:
The establishment, maintenance or operation of an amusement parlor at the location requested will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
The proposed amusement parlor will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.
The establishment of the amusement parlor will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the district.
Adequate measures have been or will be taken to maintain good order surrounding the location thereof.
The Town Clerk shall issue a license upon approval of the application by the Town Board and upon the payment by the applicant of the annual license fee described in Chapter 206 of this Code. All licenses issued herein shall be for one year ending on the 30th day of June and shall not be transferable.
No premises for which an amusement parlor license has been issued shall be permitted to remain open for the offering of amusement devices to the public at retail between the hours of 10:00 p.m. and 10:00 a.m.
No premises for which an amusement parlor license has been issued shall be permitted to remain open for the offering of amusement devices to the public at retail between the hours of 10:00 a.m. and 3:00 p.m. on any day on which school is in regular session.
For the purpose of this section, the term "school" shall mean any institution providing learning facilities for Grades K through 12.
[Amended 3-16-2006 by Ord. No. 2006-05]
The following general requirements shall apply to all amusement parlors licensed in accordance with this chapter:
All amusement parlors shall have an adult (18 or older) supervisor on the premises at all times in which the facility is open to the public.
Every amusement parlor shall provide an adequate area and number of bicycle racks for the orderly parking of bicycles, which area shall be separate from a required vehicle parking stall and shall be so located as to not occupy any portion of a public sidewalk or to otherwise obstruct pedestrian passage to and from the premises.
Facilities licensed herein shall comply with all other building, fire code and all other applicable Town, county, state and federal laws, codes, statutes, ordinances and regulations.
All parlors shall post rules of nonacceptable patron conduct and shall order anyone violating the rules to leave the premises. Should the violator refuse to leave, they shall advise the Waukesha County Sheriff's office immediately.
Licenses may be revoked by the Town Board after a hearing, if an amusement parlor's location or operation fails to conform to standards provided in this chapter or violates any other provision of this Code.