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A. Definitions: As used in this Section, the following words and terms shall have the meanings ascribed to them in this subsection:
COIN-OPERATED AMUSEMENT DEVICE: Any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, electronic games, skill ball, mechanical grab machines, and all games, operations or transaction similar thereto under whatever name they may be known, but shall not include juke boxes or similar machines used solely in the reproduction of recorded music.
PERSON: Any person, firm, corporation or association which owns any coin-operated amusement device; place of business any such device is placed for use by the public; and the person, firm, corporation or association having control over such device. (Ord. 506; amd. Ord. 560)
B. License Required: No person shall operate or maintain a coin-operated amusement device within the Village without first having obtained a license therefor. License shall be issued upon payment of the license fee set forth in Schedule S31 of this Code. The application for such license shall contain the following information:
(1) Name, address, telephone number and State sales or occupational tax number of the applicant.
(2) Type of business conducted by applicant.
(3) Name, address and telephone number of the owners, partners or officers of the proprietorship, partnership or corporation licensee.
(4) Gross floor area of the premises where the device is to be located.
(5) The number of amusement devices to be licensed, the denomination of coin used to operate said device and the owner of said device.
(6) A sworn statement that the applicant, its owners, partners or officers have never been convicted of or pleaded no contest to a crime of moral turpitude or have never been convicted of a felony or unsuccessfully defended a criminal or civil proceeding charging fraud, misrepresentation or unscrupulous business conduct.
C. Inspection Of Location: No such license shall be issued until the Village shall have investigated the location wherein the machine or device is proposed to be operated and has determined that the proposed operation of the machine or device complies with all terms of this and other ordinances of the Village.
D. Investigation; Issuance Of License; Fee:
(1) License Fee: The proper license fee shall accompany such application.
(2) Application; Investigation: Application for license hereunder shall be made to the Village Manager who shall make or cause to be made such investigation as he deems necessary.
(3) Approval; Issuance: Upon approval of the application, the license shall be issued.
(4) Denial Of Application: If the license is denied, the fee shall be returned to the applicant.
(5) Term Of License: All licenses under this Chapter shall expire on December 31 following their issuance.
(6) Posting Of License: The license shall be posted in a conspicuous place on the device.
(7) Assignability: Such license shall be nonassignable and nontransferable from one machine to a replacement device without notification to the Village.
E. Revocation; Renewal Denied: A license may be revoked or renewal denied for any of the following reasons:
(1) Violation of any of the provisions of the Village Code insofar as they pertain to the operation of the business.
(2) Violation of the provisions of this Chapter as they pertain to the operation of the business.
(3) Upon any ground upon which the application for a license may be denied.
F. Limitation: No license shall be issued to any person or for any premises in excess of one license for every five hundred (500) square feet of gross floor area for each premises in which said machine or device is located; provided, however, that no more than ten (10) licenses shall be issued to any applicant or for any premises regardless of the gross floor area of said premises, provided further that one such license may be issued for any premises with less than five hundred (500) square feet of gross floor area.
G. Gambling: No coin-operated amusement device shall be operated or permitted to be used in such a manner as to violate the gambling laws of the Village or of the State.
H. Penalty: Any person who owns, possesses, controls or maintains a coin-operated amusement device for use by the public in violation of this Chapter shall be guilty of a misdemeanor and fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each violation. A separate offense shall be charged for each day such person shall so operate a device after having been notified by the Village or a member of the Police Department that a violation exists.
I. Nuisance Declared: Whenever a person who has been notified by the Village or a member of the Police Department that he is in violation of this Chapter shall continue to operate an amusement device despite such notification and/or the impositions of the applicable fines for more than ten (10) days after being first notified of a violation, the premises where the automatic amusement device is maintained shall be declared a public nuisance and shall be abated by the Village. (Ord. 506)