[HISTORY: Adopted by the Village Board of the Village of Saukville 12-17-1985 by Ord. No. 389 as Secs. 13.08, 13.09 and 13.15 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-19.
Responsibility of operators of places of amusement regarding Curfew — See Ch. 140.
[Amended 4-17-2001 by Ord. No. 565]
No person shall own, conduct or manage as a commercial enterprise within the village any circus or other performance, exhibition, theater, show, amusement, concert or musical entertainment without first obtaining a license hereunder.
As used in this chapter, the following terms shall have the meanings indicated:
MAJOR ARCADE
Any single premises or location at which is located more than nine mechanical or electronic amusement devices.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Any machine, device or game which, upon the insertion of a coin, slug, token or similar item, permits a person or operator to use the device as a game or contest of skill or amusement, whether or not the device registers a score, and which is not a gambling device. The term shall include, but not be limited to, juke boxes, electronic or mechanical game machines, pinball machines and pool or billiard tables.
MINOR ARCADE
Any single premises or location at which is located between four and nine mechanical or electronic amusement devices.
A. 
Any person maintaining, operating or permitting the operation of a mechanical or electronic amusement device shall obtain a license to operate such device from the Clerk, unless the premises on which the device is maintained or operated is licensed as a minor or major arcade.
B. 
The fee for operation of a mechanical or electronic amusement device shall be as set by resolution of the Village Board.
[Amended 6-24-2014 by Ord. No. 748]
C. 
Such license shall expire on June 30 of each year.
D. 
The applicant shall submit an application for each place where a mechanical or electronic amusement device is to be operated stating the name or the owner of the device, the place where the device is to be operated and such other information as may be reasonably required. If the Clerk is satisfied that the applicant meets all the requirements of this section, he shall issue the license. Such license shall be conspicuously displayed on the premises at all times while the device is operable.
A. 
Any person owning or operating a premises on which between four and nine mechanical or electronic amusement devices are kept at any one time shall, in lieu of obtaining a license under § 58-3, obtain a minor arcade license for the premises which shall permit the holder thereof to operate or maintain the specified number of devices on the licensed premises.
B. 
The fee for a minor arcade license shall be as set by resolution of the Village Board.
[Amended 6-24-2014 by Ord. No. 748]
C. 
Such license shall expire on June 30 of each year.
D. 
Application. The application shall contain the following information:
(1) 
Name and address of the applicant.
(2) 
Name and address of person responsible for management of the arcade, including a list of such person's qualifications, experience and references and date, place and circumstances of conviction of violation of any local ordinance or state or federal law directly related to the activity proposed to be licensed.
(3) 
Complete description of the premises to be licensed.
(4) 
Statement of the number of devices to be kept on the premises, describing each by make and type.
(5) 
Name of owner of the machines.
(6) 
Type of supervision to be provided.
(7) 
A zoning permit or current zoning application, if required by the village.
(8) 
Detailed operating plan, including hours of operation and manner of supervision to be provided.
(9) 
Such other information as the Clerk may reasonably require.
E. 
If the Clerk is satisfied that the premises and management thereof meet the requirements of this section, he shall issue a minor arcade license to the applicant. The license shall be displayed conspicuously on the premises at all times during which the arcade is in operation.
A. 
Any person owning or operating a premises on which 10 or more mechanical or electronic amusement devices are kept at any time shall obtain for such premises a major arcade license in lieu of obtaining a license under § 58-3.
B. 
The fee for a major arcade license shall be as set by resolution of the Village Board.
[Amended 6-24-2014 by Ord. No. 748]
C. 
Such license shall expire on June 30 of each year.
D. 
Application for a major arcade license shall be in writing on forms provided by the Clerk and shall contain the information required under § 58-4D above.
E. 
The operating plan and any restrictions placed on the premises under the zoning permit, if required, shall be incorporated by reference in any arcade license or renewal thereof. No major arcade license shall be valid until approved by the Village Board. The license shall be conspicuously displayed on the premises at all times during which the arcade is in operation.
A. 
Premises to be safe and sanitary. No license shall be granted for any mechanical or electronic amusement device or arcade unless the premises:
(1) 
Complies with all Fire and Building Code requirements of the village and the state;
(2) 
Provides adequate room for operation of the devices without blocking access; and
(3) 
Is an otherwise safe and sanitary environment.
B. 
Premises to be supervised. No mechanical or electronic amusement device or arcade license shall be granted unless the applicant therefor shows that the premises will be adequately supervised.
C. 
Orderly conduct required. The licensee shall maintain supervision of the premises in such a manner as to ensure that no disorderly conduct, gambling or other activity prohibited by local ordinance or state or federal law is permitted on such premises.
D. 
Department of Justice registration required. No mechanical or electronic amusement device may lawfully be operated in the village unless there is affixed thereto a Department of Justice AD number, if required by law. If any device is found in the village without such registration number, any police officer is authorized to summarily revoke the license of the premises where the offense is committed.
E. 
Offering of prizes or awards prohibited. No licensee under this chapter shall offer, advertise, make or give any reward, prize, money or thing of value to any person by reason of the operation of any mechanical or electronic amusement device.
F. 
Consent to inspection. An applicant for a license under this chapter thereby consents to the entry of police or authorized representatives of the village upon the licensed premises at all reasonable hours for the purposes of inspection and search, and consents to removal from the premises and introduction into evidence in prosecutions for violations of this section all things found therein in violation of this chapter or state law.
A. 
Mechanical or electronic amusement device license. Mechanical or electronic amusement device licenses may be transferred from premises to premises during the license year without charge. The holder of such license shall notify the Clerk within 10 days of the time such transfer is made.
B. 
Minor arcade license. A minor arcade license may be transferred from one premises to another or from the holder to another person upon application to the Clerk and payment of a fee as set by resolution of the Village Board. The Clerk may grant or deny such application for transfer, and, if denied, the applicant has a right to review of such determination under Ch. 68, Wis. Stats.
[Amended 6-24-2014 by Ord. No. 748]
C. 
Major arcade license. Major arcade licenses are not transferable.
A. 
Any license issued under this chapter may be revoked for cause by the Village Board. Except for summary revocation under § 58-6D, no license shall be revoked except upon written verified complaint filed with the Village Board by a member of such body, a law enforcement officer or resident of the village. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard. The licensee shall be given notice of such hearing not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
B. 
At such hearing, the licensee shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the presiding officer to compel the attendance of witnesses.
In addition to the revocation or suspension of any license issued under this chapter and any other penalties provided in this chapter, any person who shall violate any provision of this chapter may be subject to a penalty as provided in § 1-19 of this Code.