It shall be unlawful for any person to have within any premises in the Village more than four (4) coin operated amusement devices without obtaining a proprietary license for said premises.
A. There shall be three (3) classes of coin operated amusement machine and device establishments which require a proprietary license.
1. An "amusement device arcade" shall require a Class A license.
2. A "restaurant/beverage amusement device establishment" shall require a Class B license.
3. An "accessory and subordinate use amusement device establishment" shall require a Class C license.
B. All holders of proprietary licenses shall be subject to the following rules and regulations:
1. A proprietary license is usable only at the place and by the person designated in the license and is not transferable.
2. The licensee shall be permitted to substitute and/or exchange devices providing the total number of devices does not exceed the number permitted by the proprietary license. The Village Clerk must be notified of each transaction and an individual license shall be purchased for each new machine. Notification to the Clerk shall include the name, dimensions, and general operation of each machine which is added or removed from the premises. Machine licenses are issued for a specific machine and are not transferable.
3. No amusement device shall be placed in any required exit path of travel.
4. An adult manager shall be required to be present during all times that the premises is open for business.
5. No person under twenty one (21) years of age shall be allowed to play an amusement device licensed in a retail alcoholic liquor establishment, unless accompanied by a parent or guardian, or unless the device is housed in a specifically designated area removed from the liquor service area.
6. It shall be unlawful to permit gambling on the premises.
7. It shall be unlawful for any proprietary license holder to allow a degree of noise to develop which would cause a disturbance to the adjacent or surrounding uses such that the normal use of said adjacent or surrounding uses would be damaged or unreasonably disturbed.
8. It shall be unlawful for any licensee or attendant to permit any individual under the influence of alcohol or drugs to remain on the premises.
9. All licensees hereunder shall have the affirmative duty to report to the Police Department any and all incidents or reports of a "disturbance of the peace" as defined and regulated in this Code and which takes place within the licensed premises or within one hundred feet (100') from the entrance. This includes incidents both observed by or reported to the management of the establishment. Failure to report to the Lake County Sheriff's Department shall be deemed sufficient cause to revoke all licenses.
10. All licensees shall permanently and conspicuously post an occupancy limit sign offered by the local fire protection district and shall adhere to said limit.
11. All licensees shall:
a. Keep their premises clean and sanitary;
b. Provide waste receptacles;
c. Provide adequate and orderly parking for bicycles and motor vehicles;
d. Ensure that all sidewalks and/or walkways outside the premises are clear and open to pedestrian traffic;
e. Post any curfew law in force within the Village;
f. Open and operate the game room only during the hours that the primary business establishment is open to the public;
g. Maintain and keep all machines in good repair and operating condition; and
h. In the event of a malfunction of a machine, the operator of the premises, his agents or employees on the premises shall furnish a refund to the machine user.
12. A minimum of forty (40) square feet of floor area shall be devoted to each amusement device. Such area shall include the machine, its immediate area and may include the aisles.
C. All holders of Class A proprietary licenses shall also be subject to the following additional rules and regulations:
1. The primary business on the premises shall be the use and operation of the amusement devices. No Class A license shall be issued for operation on any premises which have not been granted a special use permit for that use under the provisions of Title 8 of this Code.
2. There shall be no permitted entry into the premises except from the interior of an enclosed retail shopping center.
3. The proprietor shall, in a manner satisfactory to the Village President, prevent the use or operation of any of the amusement devices by any person under eighteen (18) years of age, unless they are accompanied by a parent or an adult twenty one (21) years of age or older.
4. The sale or consumption of alcoholic liquor as defined in Chapter 10 of this Code on the licensed premises shall be prohibited.
5. The premises must be located in reasonable proximity to a security office located within the enclosed retail shopping center. The exact distance between such premises and the security office required shall be determined by the Village Planning Commission in any findings and recommendations concerning the special use permit application. (Ord. 97-08, 6-11-1997)