It is unlawful for the owner or person in control of any property to produce, present, operate or conduct thereon or to permit any person to produce, present, operate or conduct thereon, for any gain or any profit, an amusement hall for minors without first having obtained a license for an amusement hall for minors. For purposes of this chapter "gain" or "profit" shall be determined by the nature of any economic activity taking place upon the premises. Charitable, religious or educational institutions (as those terms may be defined under applicable Illinois law) are exempt from the licensing requirements hereunder so long as there is no activity of a commercial nature taking place upon the premises. Activity of a commercial nature shall be determined to exist if such activity or activities are subject to Illinois retailer's occupation tax (ROT) as defined under ROT regulations, including, but not limited to, ROT regulation 130.2005. (Ord. 1990-O-42 § 1)