(A) License required. It shall be unlawful to hold, operate, cause to be held, or cause to be operated a coin-operated device or a video gaming terminal as defined in the Video Gaming Act of the State of Illinois, ILCS Ch. 230, Act 40 et seq., without a valid license as provided for herein.
(B) Requirements for a license; regulations.
(1) The license must be obtained by the tenant or owner of the property on which said device is located. Application must be made to the City Clerk prior to the installation or location of said device.
(2) Said license shall be issued for a period of one year, expiring on April 30 of each year.
(3) Said device must be located entirely on private property, appropriately screened, and may not encroach upon or block a public way. No device may be located upon, or in front of Main Street frontage(s), unless located fully within an enclosed building. Main Street frontage shall be defined as the side or sides of a building that are parallel to and facing Main Street or any side street within one block of Main Street. Said frontage shall not include Commerce Street or the side or sides of a building perpendicular to Main Street for a distance greater than 25 feet from the curbline of Main Street, unless that side of the building fronts a restricted side street, as outlined above.
(4) Said license fee for such coin-operated device or such video gaming terminal shall be set by the City Council from time to time. Each licensee and/or video gaming terminal operator shall pay the annual fee for each video gaming terminal operated.
(5) The City Clerk or Mayor may request a background check by the Police Department before issuing said license.
(6) The city may deny the license application on grounds of failure to pay taxes, failure to cooperate with authorities, failure to apply for a license before installation, previous suspension or revocation or other just cause.
(C) License must be affixed to device. Said license shall be securely affixed to the licensed device in a conspicuous location that is visible at all times.
(D) Exemptions. Said coin-operated device license shall not be required for the display or sale of antique or collectible coin-operated devices, or devices displayed for aesthetic purposes only, provided that no goods or services are dispensed during said display, nor shall said license be required of devices intended for personal use and located wholly within a private residence, nor shall said license be required of devices for the dispensing of health or hygiene products when located within a restroom. In addition, said license shall not apply to pay telephones, nor shall it apply to bank automated teller machines.
(‘69 Code, § 12-15) (Ord. O-92-5, passed 4-27-92; Am. Ord. O-07-31, passed 12-26-07; Am. Ord. O-10-07, passed 3-22-10; Am. Ord. O.21.18, passed 12-28-21) Penalty, see § 110.99