[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988
as Title 7, Ch. 5 of the 1988 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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, 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.
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.
A.
License required. No person, firm, or corporation shall
operate or keep an amusement arcade as defined herein without having obtained
and posted on the premises, in plain view, a license to operate such arcade.
Application shall be made to the Village Clerk-Treasurer on the form provided
by such office, accompanied by an application fee as set by the Village Board
which shall cover the cost of processing the application and shall be nonrefundable.
The application shall set forth the following information:
(1)
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 who will supervise the game room.
(2)
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, and if the owner of the amusement devices is 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.
(3)
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.
(4)
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
and within 20 feet of the property lines of the premises to be licensed.
(5)
If the applicant operates other game rooms in other areas,
the names and addresses of such other licensed establishments.
(6)
Such application shall also contain such additional information
as the Village deems necessary to assist it in determining the qualifications
of the applicant for such license.
B.
Inspection. The Village 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 Village Board 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.
C.
Public hearing. The application shall be forwarded to
the Village Board which shall hold a public hearing prior to the granting
or denial of any amusement arcade license. In reviewing each application,
the Village Board shall find that:
(1)
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.
(2)
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.
(3)
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.
(4)
Adequate measures have been or will be taken to maintain
good order surrounding the location thereof.
D.
Issuance of license; term. The Village Clerk-Treasurer
shall issue a license upon approval of the application by the Village Board
and upon the payment by the applicant of an annual license fee as set by the
Village Board. All licenses issued herein shall be for one year ending on
the 30th day of June and shall not be transferable.
A.
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 10:00 p.m.
and 10:00 a.m.
B.
No premises for which an amusement arcade 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 3:00 p.m.
on any day in which school is in regular session.
The following general requirements shall apply to all amusement arcades
licensed in accordance with this chapter:
A.
All amusement arcades shall have an adult supervisor
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, which area
shall be separate from a required vehicle parking stall and shall be so located
as not to 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 Village laws and regulations.
D.
All arcades shall post rules of nonacceptable patron
conduct.
Licenses may be revoked by the Village Board after notice and public
hearing, in the event an amusement arcade's location or operation fails to
conform to standards provided in this chapter or violates any other provision
of this Code.
