(A) Defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
AUTOMATIC AMUSEMENT MACHINE. A mechanical amusement device or machine, the operation of which is governed or controlled by the deposit of a coin, slug, token, plate, disc, paper currency, credit card, ticket or other similar instrument, except automatic musical instruments and photoelectric amusement devices licensed under other provisions of this chapter.
BEERCADE. Any establishment which is licensed to serve alcoholic beverages and which operates in excess of nine automatic amusement machines, photoelectric amusement devices, billiard, air hockey tables, foosball tables, ping pong tables, pocket billiard or pool tables or any similar devices at one premises or establishment. There shall be no more than two beercades licensed to operate within the city at any time.
YOUTH ARCADE. Any youth-oriented establishment at which no alcoholic beverages may be served and which operates in excess of nine automatic amusement machines, photoelectric amusement devices, billiard, air hockey tables, foosball tables, ping pong tables, pocket billiard or pool tables or any similar devices at one premises or establishment.
(B) General license required; limitation of number of machines. No person shall keep or permit to be kept, for gain or profit from operation in the city, an automatic amusement machine without first obtaining a license therefor. No general license shall be issued for more than a total of ten automatic amusement machines and/or photoelectric amusement devices, including a pool table in accordance with Chapter 816, at the same establishment. The limitation of ten devices applies regardless of the number of business licenses held by the establishment at any one location (i.e. tavern, food service, bowling alley and the like). No more than six of an establishment's automatic amusement machines licensed pursuant to this division may be video gaming terminals licensed pursuant to § 804.19.
(1) General license applications. In addition to the license application provisions of Chapter 801, an application for the general license required in division (B) hereof shall include the number and a description of the automatic amusement machines intended to be kept for use on the premises and a statement that the machines are not gambling devices and will not be kept or permitted to be kept or used for gaming or the distribution of prizes, money, gifts or anything else of value. The applicant shall make available for examination, by the Superintendent of Police or an officer designated by him or her, each and every machine intended to be kept for use on the premises. If each machine is not a gambling device, and satisfactory evidence is furnished as to the character and reputation of the applicant and the nature of the business to be conducted to determine that the machines will not be kept, used or operated in violation of the laws of the state or these Codified Ordinances, the Superintendent may approve the application.
(2) Restriction of use by minors.
(a) No person who has obtained a general license pursuant to this division shall, at any store or in connection with any other place of business where minors are customers, cause or allow an automatic amusement machine to be in use by a minor between 7:00 a.m. and 3:00 p.m. on any school day, unless the minor is accompanied by a parent or guardian.
(b) This restriction of usage applies to any person at any store or in connection with any other place of business where the business transacted consists of school books, school supplies, food, lunches, drinks, entertainment or recreational activities for minors.
(3) Gambling. No person shall keep, permit to be kept or use an automatic amusement machine as a gambling device, except as otherwise provided in this Code. Any video gaming terminals licensed pursuant to § 804.19 at the premises of a licensee shall be kept in a demarcated area which is separated from any other automatic amusement machine.
(C) Youth arcade; license.
(1) License required; no limitation of number of machines. No person shall keep or permit to be kept, for gain or profit from operation in the city, a youth arcade without first obtaining a license therefor. No license shall be issued for a youth arcade and a video gaming terminal (licensed under § 804.19) at the same establishment or premises. There shall be no limit placed on the number of automatic amusement machines, photoelectric amusement devices, billiard, air hockey tables, foosball tables, ping pong tables, pocket billiard or pool tables or any similar devices at a youth arcade. No premises licensed under Chapter 804 shall be licensed as a youth arcade under this chapter.
(2) License applications. An application for a youth arcade license shall include the number and a description of the automatic amusement machines, photoelectric amusement devices, billiard, air hockey tables, foosball tables, ping pong tables, pocket billiard or pool tables or similar devices intended to be kept for use on the premises and a statement that the machines to be licensed hereunder are not gambling devices and will not be kept or permitted to be kept or used for gaming or the distribution of prizes, money, gifts or anything else of value with the exception of trinkets or other prizes of a nominal value awarded during or at the end of a gaming session (e.g., plush toys, pens, or doll). The applicant shall make available for examination, by the Superintendent of Police or an officer designated by him or her, each and every machine intended to be kept for use on the premises. If each machine licensed hereunder is not a gambling device, and satisfactory evidence is furnished as to the character and reputation of the applicant and the nature of the business to be conducted to determine that the machines will not be kept, used or operated in violation of the laws of the state or these Codified Ordinances, the Superintendent may approve the application. Any licensing requirements established by this division shall be read in conjunction with and not as an exemption from any other applicable Code provisions.
(3) Restriction of use by minors.
(a) No person who has obtained a license pursuant to this division shall, at any store or in connection with any other place of business where minors are customers, cause or allow an automatic amusement machine to be in use by a minor between 7:00 a.m. and 3:00 p.m. on any school day, unless the minor is accompanied by a parent or guardian.
(b) This restriction of usage applies to any person at any store or in connection with any other place of business where the business transacted consists of school books, school supplies, food, lunches, drinks, entertainment or recreational activities for minors.
(D) Beercade; license.
(1) License required; no limitation of number of machines. No person shall keep or permit to be kept, for gain or profit from operation in the city, a beercade without first obtaining a license therefor. There shall be no limit placed on the number of automatic amusement machines, photoelectric amusement devices, billiard, air hockey tables, foosball tables, ping pong tables, pocket billiard or pool tables or any similar devices at a beercade. The city shall license no premises less than 2,500 square feet in size as a beercade. Any establishment licensed as a beercade must serve full meals, including, but not limited to, full menus for lunch and dinner. The city shall license no more than two beercades at any time within the city. A beercade, provided all other applicable approvals are satisfied under the Codified Ordinances of the City of Berwyn, shall be permitted licensure under Chapter 804. Notwithstanding the foregoing, no more than six of an establishment's automatic amusement machines licensed pursuant to this division may be video gaming terminals licensed pursuant to § 804.19.
(2) License applications. An application for a beercade license shall include the number and a description of the automatic amusement machines, photoelectric amusement devices, billiard, air hockey tables, foosball tables, ping pong tables, pocket billiard or pool tables or any similar devices intended to be kept for use on the premises. The applicant shall make available for examination, by the Superintendent of Police or an officer designated by him or her, each and every machine intended to be kept for use on the premises. If satisfactory evidence is furnished as to the character and reputation of the applicant and the nature of the business to be conducted to determine that the machines will not be kept, used or operated in violation of the laws of the state or these Codified Ordinances, the Superintendent may approve the application. Any licensing requirements established by this division shall be read in conjunction with, inclusive of, and not as an exemption from a other applicable Code provisions, including, but not limited to any and all applicable Code provisions related to liquor and other licenses required for the operation of a beercade.
(3) License fee. The fee for a beercade license shall be $2,500, which shall be inclusive of the costs of any and all liquor licenses or other required licenses for the operation of the establishment.
(4) Restriction of use by minors.
(a) No person who has obtained a license pursuant to this division shall, at any store or in connection with any other place of business where minors are customers, cause or allow an automatic amusement machine to be in use by a minor between 7:00 a.m. and 3:00 p.m. on any school day, unless the minor is accompanied by a parent or guardian.
(b) This restriction of usage applies to any person at any store or in connection with any other place of business where the business transacted consists of school books, school supplies, food, lunches, drinks, entertainment or recreational activities for minors.
(E) Transfer of license; change of location. No license issued to a person under this section shall be assigned or transferred to any other person or machine. If a machine is replaced or transferred to another location with a license, then a $10 transfer fee shall be collected from the owner. If a machine is removed to a location without a previous license, then a $100 license fee shall be collected from the owner.
(F) Periodic inspections. In addition to the police powers granted to other city officers in enforcing the provisions of this section, a member of the Police Department may enter upon premises licensed under this section for the purposes of inspecting and observing the operation and use of the automatic amusement machines kept or used therein, may arrest or cause to be arrested any person violating any of the provisions of these Codified Ordinances or the laws of the state and may seize any machine kept or used in violation thereof. All machines, when seized, shall be destroyed or otherwise disposed of by the Police Department.
(Ord. 92-06, passed 2-11-1992; Ord. 05-50, passed 11-22-2005; Ord. 17-36, passed 9-26-2017; Ord. 20-06, passed 2-25-2020)