(A) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.
MECHANICAL AMUSEMENT DEVICE or DEVICE.
(a) Any machine which, upon the insertion of a coin or slug, operates or may be operated as a game or contest of skill or amusement of any description and which contains no automatic payoff device or which provides for no such payoff by any other means and which, in itself, does not constitute a gambling device.
(b) MECHANICAL AMUSEMENT DEVICE shall also include any machine or apparatus which is used or may be used as a game of skill or amusement and in which the player propels any ball or other device by any force exerted by himself or herself, or in which the player uses or directs any force generated by the DEVICE itself. No such DEVICE operated by coins or slugs which gives the player less than three balls for any one coin or slug shall be licensed or permitted.
(c) MECHANICAL AMUSEMENT DEVICE shall also include juke boxes, victrolas, and similar music playing amusement devices.
(B) License required; conditions; term. No person, firm, corporation, partnership, association, or club shall cause to be placed upon premises under its ownership, management, or control any mechanical amusement device, as defined in division (A) above, without first having applied for and received a license, setting forth the number and type of mechanical devices to be maintained on the premises. The license shall list thereon all of the devices that are covered thereunder. The fiscal year shall be considered the license year. A similar license giving the same information shall be required of any poolroom operator.
(C) License fee. The annual fee for such license shall be $50 per year or part thereof for each coin-operated amusement device set up for operation, leased, or distributed to a proprietor.
(D) Application; posting; license nontransferable.
(1) Any person, proprietor, or club desiring to secure a license for a device or devices, as defined in division (A) above, shall file with the Village Clerk an application, obtainable from the Clerk, setting forth the name and address of the applicant, the description of the device or devices, including the factory serial number or numbers applicable to each device, or other distinguishing identification, and the denomination of the coin or coins required for the operation of each device. Said application shall be signed by the applicant.
(2) No license shall be issued until the fees are fully paid.
(3) All licenses shall be posted in a conspicuous place in the establishment of the licensee.
(4) Such license shall be nonassignable and nontransferable and shall apply only to the premises for which the license is issued.
(E) Evidence of ownership; tag or decal. The Village Clerk shall issue either a number tag or a decal serially numbered for each device licensed hereunder. Any such number tag or decal shall at all times be firmly affixed to such devices in a conspicuous place, and no tag shall be transferred from one device to another. Any transfer of ownership or change of location shall be filed with the Village Clerk.
(F) Devices kept in plain view; gambling devices prohibited. All such devices shall at all times be kept and placed in plain view of any person who may frequent or be in any place of business where such devices are kept or used. Nothing in this section shall be construed to authorize, permit, or license any gambling device of any nature whatsoever which is prohibited by the ordinances of the village or by the laws of the state.
(G) Juke boxes; noise; indecent selections. No immoral or indecent selections shall be played upon juke boxes or victrolas, nor shall juke boxes or victrolas be placed at any location immediately adjacent to any place where convalescents shall be lodged or housed. Each such music playing device shall be installed with a volume control to enable the instrument to be played in such manner that it will not disturb the peace and quiet or annoy the immediate neighborhood by reason of loud and unreasonable noise.
(H) Inspection. The village, through its officers, agents, and employees, shall have the right to enter at all times any establishment, place, or building in which any such device or devices are operated or set up for operation and to inspect, investigate, and test such devices.
(I) Revocation of license. All licenses issued hereunder may be revoked by the Village Board whenever, in its judgment, the public welfare requires such revocation. The acceptance of any license under this section shall constitute an agreement between the parties to such license, even though the license itself does not state such fact, that the same may be revoked.
(Prior Code, § 3-1-1) (Ord. 304, passed 7-11-1966; Ord. 2022-02, passed 4-4-2023) Penalty, see § 111.99