[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 12-7-1970 as Ch. 3, Art. I, of the 1970 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MOVIE PICTURE THEATER
- A facility where moving images are displayed by means of film or electronics to the public for a fee.
- A facility where live performances are displayed to the public for a fee.
[Amended 12-20-1977 by L.L. No. 18-1977; 8-7-1979 by L.L. No. 6-1979; 3-28-1989 by L.L. No. 1-1989]
The pursuit of any of the following occupations or businesses without obtaining a license from the Village Clerk and paying the license fee specified in Chapter 118, Fees, is prohibited:
Movie picture theaters.
License required; fee. No person shall operate what is commonly known as a miniature golf course within the corporate limits of the village without obtaining a license from the Village Clerk and paying therefor the fee for places of amusement as provided in Chapter 118, Fees, said fee to be paid in advance.
Location restricted. No such miniature golf course shall be constructed within one thousand (1,000) feet of any church, school, hospital or public library, nor in any residential zone.
Hours of operation. No such miniature golf course shall operate before 6:00 a.m. or after 12:00 midnight, said hours to be determined by standard or daylight saving time, whichever is in effect.
Penalties for offenses. Any person violating any of the provisions of this section shall immediately forfeit the license issued hereunder to operate such miniature golf course and shall be punished as provided in § 67-6 of this chapter.
[Amended 12-20-1977 by L.L. No. 18-1977; 8-7-1979 by L.L. No. 6-1979; 1-6-1981 by L.L. No. 1-1981]
License required. It shall be unlawful for any person to have in his possession or under his management and/or control or who allows to be placed, maintained or kept in any room, space, enclosure or building owned, leased or occupied by him or who permits the same to be placed outside of the premises owned, leased or occupied and to be placed on any sidewalk or property owned, leased or maintained by the Village of Spring Valley any newspaper, magazine or periodical vending machine, any food or beverage vending machine, any cigarette vending machine, any jukebox, any coin-operated game of skill or amusement, any coin-operated video game or any machine commonly known as a "pinball machine," unless with respect to any machine, game or jukebox kept on the inside of the premises as so enumerated herein, a license is obtained and the appropriate fee paid to the Village of Spring Valley for the current approval year. With respect to any machine placed on the outside of the premises or any sidewalk or property owned, leased or maintained by the Village of Spring Valley, unless an application is made to the Village Board of Trustees, whose approval shall be required, a license issued and the appropriate fee paid to the Village of Spring Valley for the current approval year.
Validity of license. The license issued shall be good to December 31 of each year unless sooner terminated and shall be extended annually thereafter upon payment of the fee paid for the new year. With respect to machines placed outside of the premises or on a sidewalk or property leased or maintained by the Village of Spring Valley, the same terms shall apply except that the license shall be extended annually thereafter by the Village Board of Trustees pursuant to the procedure for original applications.
License not required. A license shall not be required for any such machine placed, maintained or kept in a private residence if such machine is owned by occupants thereof and not used for business or profit or if said machine or machines are stored or warehoused and not in use or operation.
Fee. The license fees for the following machines shall be as provided in Chapter 118, Fees:
[Amended 11-12-1985 by L.L. No. 5-1985]
Cigarette vending machine.
Food or beverage vending machine.
Games of skill or amusement, pinball machine or video game.
Exception to encroachment. If any vending machine enumerated in Subsection A is placed on any sidewalk of the Village of Spring Valley, said machine shall be not be considered an article or thing so as to come within the prohibition of Chapter 229, Streets and Sidewalks, § 229-10, Encroachments generally, of the Code of the Village of Spring Valley.
An application for a permit to be placed on the outside of the premises or on a sidewalk shall be made, in writing, to the Village Board of Trustees, upon such form as provided by it, and shall provide for the name and address of the applicant, the proposed specific location, the name of the owner or lessee of the property where the machine will be placed, the type of machine to be used, the dimensions of said machine and the product to be sold.
The application shall be accompanied by the proposed fee and shall also be accompanied by a liability policy naming the Village of Spring Valley as an additional assured in the minimum sum of one million dollars/three million dollars ($1,000,000./$3,000,000.), indemnifying the Village of Spring Valley from all losses occurring through the construction, installation and maintenance of said machine.
In addition, no permit shall be issued unless the applicant or any other person, organization, firm or corporation on whose behalf the application is made shall agree, in writing, to jointly and severally defend, indemnify and hold the Village of Spring Valley harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or control, maintenance or ownership of the machine permitted.
Consideration for approval or denial. The Village Board of Trustees, in considering whether to approve or reject an application, shall consider the following facts in addition to other matters brought to the Board's attention:
The applicant must be an owner, lessee or one in possession and/or control of the machine.
The size of the machine.
The distance located from any fire hydrant, fire call boxes, police call boxes or any other emergency facility.
That the applicant has obtained a liability policy naming the Village of Spring Valley as an additional assured in the sum of one million dollars/three million dollars ($1,000,000./$3,000,000.), indemnifying the village against all loss, liability or property damage which may result from the construction or maintenance of said machine.
Rejection by the Village Board of Trustees. The Village Board of Trustees, upon rejection of any application, shall state reasons for said rejection, and the applicant, upon request, shall be afforded an opportunity to appear before the Village Board of Trustees to contest said rejection and question any evidence that the Board of Trustees considered in rejecting the application.
Cleanliness. Each person to whom a permit is issued, pursuant to the provisions of this chapter, shall keep the sidewalk or area in the immediate vicinity of his machine clean and free from refuse matter. In the event of snow or ice, the permit holder shall be required to keep the property in the immediate area of his machine clean and free from such hazard.
Standards for machines outside the premises.
Permits may be issued for the installation of said machine without prior inspection of the location.
No machine shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the product sold therein.
Each machine shall have affixed to it, in a readily visible place, a notice setting forth the name, address and telephone number to call to report a malfunction, to secure a refund or to give notices as provided in this chapter.
Each machine shall be maintained in a neat and clean condition and in good repair at all times.
No machine shall be permitted to rest upon, in or over any public sidewalk when such installation, use or maintenance:
Endangers the safety of persons or property.
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle.
Unreasonably interferes with the ingress or egress from any residence or place of business.
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
A machine shall be chained or otherwise secured so as to prevent its being blown down or around the public right-of-way.
Machines may be placed next to each other, provided that no group of machines shall extend for a distance of more than four (4) feet along a curb.
Other conditions. The Village Board of Trustees may attach to said approval conditions not inconsistent with this chapter.
Revocation. If the permit holder for any machine located outside of the premises or on the public sidewalk or property owned, leased or maintained by the Village of Spring Valley violates any law of the Village Code, including the provisions herein, then the Village Board of Trustees, after due notice and a public hearing given the permit holder, shall have the authority to revoke said permit.
Violation and penalties. The Police Department and/or the Building Inspector is hereby authorized to enforce the provisions of this section. Violations of this section will be punished as provided in § 67-6 of this chapter.
All doors and windows of any building in which a bowling alley or alleys, a shooting gallery or a skating rink are located shall be tightly closed and fastened if the same are operated after 12:00 midnight.