As used in this chapter, the following terms shall have the meanings
indicated:
AMUSEMENT ARCADE
Any premises or arcade operated by any organization, whether incorporated
or not, which is the owner, lessee or occupant of a building whose primary
purpose, or object of its existence or operation, is that of providing amusement
devices to the public at retail and/or any premises operated by any organization,
whether incorporated or not, which is the owner, a lessee or occupant of a
building, the majority of whose gross receipts are derived from the providing
of amusement devices to the public at retail or where six or more amusement
devices are located.
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 baseball,
football, basketball, hockey, pinball, shuffleboard, ray guns, bowling games,
bumper games, skiball and electronic video games, 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.
The Clerk-Treasurer shall notify the Chief of Police and Building Inspector
of each new application for license, and these officials shall inspect or
cause to be inspected each application and the premises, together with such
other investigation as shall be necessary to determine whether the applicant
and the premises sought to be licensed comply with the regulations, ordinances
and laws applicable thereto, including those governing sanitation in restaurants,
and whether the applicant is a proper recipient of a license. The Chief of
Police and Building Inspector shall furnish to the Common Council, in writing,
the information derived from such investigation, accompanied by a recommendation
as to whether a license should be granted or refused. No license shall be
renewed without a reinspection of the premises and report as originally required.
The application shall be forwarded to the Common Council, which shall
hold a public hearing prior to the granting or denial of any amusement arcade
license. In reviewing each application, the Common Council shall find that:
A. The establishment, maintenance or operation of an amusement
arcade at the location requested will not be detrimental to or endanger the
public health, safety, morals, comfort or general welfare.
B. The proposed amusement arcade 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.
C. The establishment of the amusement arcade will not impede
the normal orderly development and improvement of the surrounding property
for uses permitted in the district.
D. Adequate measures have been or will be taken to maintain
good order surrounding the location thereof.
The Clerk-Treasurer shall issue a license, upon approval of the application
by the Common Council, upon the payment by the applicant of an annual license
fee of $5. 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 arcade license has been issued shall
be permitted to remain open for the offering of electronic amusement devices
to the public at retail between the hours of 2:00 a.m. and 8:00 a.m.
The following general requirements shall apply to all amusement arcades
licensed in accordance with this chapter:
A. All amusement areas shall have a supervisor, age 18 or
older, on the premises at all times in which the game room is open to the
public.
B. Every amusement arcade shall provide an adequate area
and number of bicycle racks for the orderly parking of bicycles, as determined
by the Common Council, 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.
C. Game rooms licensed herein shall comply with all other
building, fire code and applicable city laws and regulations.
D. All arcades shall post rules of nonacceptable patron
conduct.
Licenses may be revoked by the Common Council after notice and public
hearing in the event that an amusement arcade's location or operation
fails to conform to standards provided in this chapter or violates any other
provision of this Code.