CHAPTER 111: AMUSEMENTS
Section
General Provisions
   111.01   Application
   111.02   Licenses
   111.03   Street shows
   111.04   Sunday closing
   111.05   Police to preserve and maintain order
   111.06   Medicine shows
   111.07   Order; crowding
   111.08   Inspection
   111.09   Indecent shows
   111.10   Fortune tellers and the like
   111.11   Smoking
Billiard and Pool Halls
   111.25   License
   111.26   Fees
   111.27   Minors
Coin-Operated Amusement Devices
   111.40   Definitions
   111.41   License required
   111.42   Applications
   111.43   Fees
   111.44   Prohibited hours
   111.45   Issuance of license
   111.46   Use for gambling prohibited
   111.47   Revocation of license
Raffles in Establishments with Video Gaming
   111.60   Definitions
   111.61   License required
   111.62   Application
   111.63   Validity of license
   111.64   Ineligibility for license
   111.65   Not for profit organizations
   111.66   Limitations
   111.67   Fees
   111.68   Approval
   111.69   Conduct of raffles
   111.70   Records
   111.71   Manager’s bond
   111.72   Suspension/revocation
   111.73   Punishment
Cross-reference:
   Bed and Breakfast Establishments, see Ch. 117
   Gambling Offenses, see Ch. 135
   Liquor Control, see Ch. 118
   Video Gaming, see Ch. 119
GENERAL PROVISIONS
§ 111.01 APPLICATION.
   The provisions of this subchapter, except as to licensing and fees, shall apply to all public shows, theatrical circuses and other amusements in the city whether specifically licensed in other parts of this chapter or not.
(2000 Code, § 111.01)
§ 111.02 LICENSES.
   It shall be unlawful to conduct or operate any amusement which is open to the public and for admittance to which a fee is charged, without having first secured a license therefor; provided that, the provisions of this section shall not be held to apply to those amusements which are specifically licensed by any other ordinance of the city. Applications for such licenses shall be made to the Clerk/Finance Director and shall comply to all of the general provisions of the ordinances relating to such application.
(2000 Code, § 111.02) Penalty, see § 10.99
§ 111.03 STREET SHOWS.
   No permit shall be granted or given for any carnival, exhibition, show or other amusement to be given on any public street or sidewalk or in such place that the only main accommodation for the public or the audience with be in a public place, except on the order of the City Council.
(2000 Code, § 111.03)
§ 111.04 SUNDAY CLOSING.
   It shall be unlawful to operate or permit the operation of any carnival between the hours of 12:00 midnight on Saturday and 1:00 p.m. on Sunday of any week.
(2000 Code, § 111.04) Penalty, see § 10.99
§ 111.05 POLICE TO PRESERVE AND MAINTAIN ORDER.
   Sufficient members of the Police Department shall be admitted free of charge to all such exhibitions for the purpose of preserving and maintaining order; and the Clerk/Finance Director may post a person or any number of persons at the box office of each such performance; and may examine all the books pertaining to such performance showing or tending to show the gross receipts.
(2000 Code, § 111.05)
§ 111.06 MEDICINE SHOWS.
   Applications for such medicine show permits shall state thereon the name, nature and contents of the article to be promoted or offered for sale; such applications shall be referred to the Chief of Police and no permit shall be issued where such tonic, medicine or remedy is harmful for use without the advice of a physician or consists in whole or part of harmful habit forming drugs or narcotics.
(2000 Code, § 111.06)
§ 111.07 ORDER; CROWDING.
   (A)   The audience of any amusement, show or theatrical must be orderly and quiet at all times, and it shall be unlawful for any person attending such amusement, show or theatrical to create a disturbance in the audience.
   (B)   It shall be unlawful to permit or gather such a crowd to witness any such amusement or show as to create a dangerous condition because of fire or other risks.
(2000 Code, § 111.07) Penalty, see § 10.99
§ 111.08 INSPECTION.
   It shall be the duty of the Chief of Police to see that every exhibition, amusement, theatrical or other public show or amusement is inspected by a member of the Police and of the Fire Department, and to ensure conformity with the provisions concerning such amusements.
(2000 Code, § 111.08)
§ 111.09 INDECENT SHOWS.
   It shall be unlawful for any person, firm or corporation to present, exhibit, conduct or take part in any indecent show, theatrical, play, motion picture, exhibition or other form of public amusement or show.
(2000 Code, § 111.09) Penalty, see § 10.99
§ 111.10 FORTUNE TELLERS AND THE LIKE.
   Nothing in this subchapter or any ordinance of the city shall be construed to permit any person to obtain money or property from another by holding himself or herself out as skilled in fortune telling by means of card reading, palmistry, clairvoyance, astrology, seership, spirit mediumship or any crafty science, or by any other devices or practices whereby money is obtained from the general public on the pretense of the exercise of occult or psychic powers, which is hereby prohibited.
(2000 Code, § 111.10) Penalty, see § 10.99
§ 111.11 SMOKING.
   It shall be unlawful to smoke or carry a lighted cigar, cigarette or pipe in any building used as an assembly hall with seating accommodations for more than 100 persons or which theatricals, show, amusements, lectures or other entertainments are offered, presented, operated or exhibited, when in use.
(2000 Code, § 111.12) Penalty, see § 10.99
BILLIARD AND POOL HALLS
§ 111.25 LICENSE.
   (A)   No person, firm or corporation shall operate, maintain or conduct a billiard, pool or bagatelle or pigeonhole table open to the public without having first obtained a license therefor as in herein required.
   (B)   All applications for such licenses shall state thereon the intended location of the place of business and the number of tables to be used therein.
(2000 Code, § 111.20) Penalty, see § 10.99
§ 111.26 FEES.
   The annual fee for such license shall be as set out in § 38.01 of this code of ordinances for each table.
(2000 Code, § 111.21) (Ord. 789, passed 6-11-1974)
§ 111.27 MINORS.
   (A)   Minors under the age of 18 years shall under no circumstances frequent, loiter, go or remain in any hall licensed hereunder at any time, unless it be upon some lawful errand or sent under the direction and consent and knowledge of the parent, guardian or other person having the lawful custody of such minor.
   (B)   It shall be unlawful for the proprietor of any hall so licensed to allow or permit any such minor to frequent, loiter or remain within the hall in violation of this section.
(2000 Code, § 111.22) Penalty, see § 10.99
COIN-OPERATED AMUSEMENT DEVICES
§ 111.40 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COIN-OPERATED AMUSEMENT DEVICE. Any amusement machine or device operated, or originally designed to be operated by means of the insertion of a coin, token or similar object, for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated, or originally designed to be operated, mechanical musical device.
   OPERATOR. Any person, firm, corporation, partnership or association who sets up for operation by another or leases or distributes for the purpose of operation by another, any device as herein defined, whether such setting up for operation, leasing or distributing be for a fixed charge or rental or on the basis of a division of the income derived from such device or otherwise.
   PROPRIETOR. A person, firm, corporation, partnership, association or club who, as the owner, lessee or proprietor has under his, her or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play.
(2000 Code, § 111.35)
§ 111.41 LICENSE REQUIRED.
   No person, firm or corporation shall engage in the business of an operator or proprietor of coin- operated amusement devices, as the terms are herein defined, without first having obtained a license from the city.
(2000 Code, § 111.36) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991) Penalty, see § 10.99
§ 111.42 APPLICATIONS.
   (A)   All applications for such licenses shall state thereon the intended location of the devices and the number of devices to be used with the description of each as to type.
   (B)   The application shall state the name and address of the owners and operators of such device and if incorporated, the owners and officers of the corporation.
(2000 Code, § 111.37) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991) Penalty, see § 10.99
§ 111.43 FEES.
   An annual fee, based upon the fiscal year or any portion thereof, for such license for each such device or machine shall be as set out in § 38.01 of this code of ordinances and no such device or machine shall be operated until such fee is paid and the machine approved by the City Council.
(2000 Code, § 111.38) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991)
§ 111.44 PROHIBITED HOURS.
   No person enrolled in a public school shall use coin-operated amusement devices, as herein defined, during school hours; and it shall be unlawful for the proprietor of any such device or machine so licensed to allow or permit any such person to use such device or machine in violation of this section. Persons participating in organized school activities shall be exempt from the provisions of this section during the scheduled time for such activities.
(2000 Code, § 111.39) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991) Penalty, see § 10.99
§ 111.45 ISSUANCE OF LICENSE.
   No license shall be issued except to a person of good character, approved by the City Council.
(2000 Code, § 111.40) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991)
§ 111.46 USE FOR GAMBLING PROHIBITED.
   It shall be unlawful for any device or machine to be used for or in connection with gambling of any sort. For purposes of this section, GAMBLING shall include, but not be limited to, pay-offs in the form of free games, currency, merchandise or incentives of any sort or description.
(2000 Code, § 111.41) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991) Penalty, see § 10.99
§ 111.47 REVOCATION OF LICENSE.
   The City Council shall have the right to revoke any license issued hereunder for violation of any of the provisions of this subchapter.
(2000 Code, § 111.42) (Ord. 789, passed 6-11-1974; Ord. 2257, passed 9-10-1991)
RAFFLES IN ESTABLISHMENTS WITH VIDEO GAMING
§ 111.60 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. A voluntary organization composed of individuals and business who have joined together to advance the commercial, financial, industrial and civil interests of a community.
   CHARITABLE. An organization or institution organized and operated to benefit and indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public.
   EDUCATIONAL. An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools.
   FRATERNAL. An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
   LABOR An organization composed of workers organized with the objective of betterment of the conditions of a higher degree of efficiency in their respective occupations.
   NET PROCEEDS. The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, license fees, and other reasonable operating expenses incurred as a result of operating a raffle.
   NON-PROFIT. An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.
   RAFFLE. A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012, conducted by an organization licensed under this Act, in which:
      (1)   The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designed the winning chance;
      (2)   The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
   RELIGIOUS. Any church, congregation, society, or organization founded for the purposes of religious worship.
   VETERANS. An organization or association comprised of members of which substantially all are individuals who are veterans of military service, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.
(Ord. 3143, passed 9-12-2017)
§ 111.61 LICENSE REQUIRED.
   License required. No establishment with video gaming shall conduct raffles without having first obtained a license therefore pursuant to this subchapter and the "Raffles Act".
(Ord. 3143, passed 9-12-2017)
§ 111.62 APPLICATION.
   Any person seeking to conduct or operate a raffle in an establishment with video gaming, shall file an application with the city.
   (A)   Applications shall be made at least 30 days prior to the first day intended for sale of the raffle chances. The application shall be a submitted on a form furnished by the city.
   (B)   Applications for license under this article must contain the following information:
      (1)   Name and address of applicant.
      (2)   Purpose of raffle.
      (3)   Area within the city where the raffle is to be conducted.
      (4)   Time period during which chances will be sold or issued.
      (5)   Sworn statement attesting to not-for-profit character of the prospective licensee organization, signed by the presiding officer and secretary of the organization.
      (6)   Date, time and location at which winning chances will be determined.
      (7)   The aggregate retail value of all prizes or merchandise to be awarded by a single raffle.
      (8)   The maximum to be charged for each raffle chance and the number of chances to be issued for each raffle.
      (9)   The name(s) and address(es) of the operator of the raffle if not an officer or member of the applicant organization.
(Ord. 3143, passed 9-12-2017)
§ 111.63 VALIDITY OF LICENSE.
   Each such license shall be issued only to establishments with video gaming and be valid for one raffle or for a specified number of raffles during a specified period not to exceed one year, and may be suspended or revoked by the corporate authorities in the event of violation of the terms of this subchapter or any applicable state law.
(Ord. 3143, passed 9-12-2017)
§ 111.64 INELIGIBILITY FOR LICENSE.
   (A)   The following are ineligible or any license under this subchapter:
      (1)   Any person who has been convicted of a felony;
      (2)   Any person who is or has been a professional gambler or gambling promoter;
      (3)   Any person who is not good moral character;
   (B)   Any firm or corporation in which a person defined in division (A)(1) - (3) has a proprietary, equitable or credit interest, or in which such a person is active or employed;
   (C)   Any organization in which a person defined in division (A)(1) - (3) is an officer, director, or employee, whether compensated or not;
   (D)   Any organization in which a person defined in division (A)(1) - (3) is to participate in the management or operation of a raffle as defined in the "Raffle Act".
(Ord. 3143, passed 9-12-2017)
§ 111.65 NOT FOR PROFIT ORGANIZATIONS.
   License shall be issued only to bona fide non-profit religious, charitable, labor, business, fraternal, educational or veteran's organizations as defined in § 111.60 which operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objectives, or to a non-profit fund raising organization that the licensing authority determines is organized of the sole purpose of providing financial assistance to the identified individual group of individuals suffering extreme financial hardships as the results of an illness disability, accident or disaster.
(Ord. 3143, passed 9-12-2017)
§ 111.66 LIMITATIONS.
   (A)   The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle under this subchapter and in accordance with applicable state law is limited to $500,000.00.
   (B)   The maximum retail value of each prize awarded by a licensee in a single raffle is limited to $250,000.00. The maximum price which may be charged for each raffle chance issued or sold is limited to $1,000.00 The maximum number of days during which chances may be issued or sold is limited to 120 days.
   (C)   Licenses issued shall be valid for one raffle or for a specified number of raffles to be conducted during a specified period not to exceed one year and may be suspended or revoked for any violation of the "Raffle Act" of this subchapter.
(Ord. 3143, passed 9-12-2017)
§ 111.67 FEES.
   The fee for such a license to conduct a raffle shall be $25.00.
(Ord. 3143, passed 9-12-2017)
§ 111.68 APPROVAL.
   The City Manager or his designee shall, within 30 days, evaluate and either approve or disapprove of said application. The city's approval of an application for a license shall constitute the license for the conduct of the raffle applied for by the applicant.
(Ord. 3143, passed 9-12-2017)
§ 111.69 CONDUCT OF RAFFLES.
   The conducting of raffles is subject to the Illinois Raffles Act requirements, and the following restrictions:
   (A)   Proceeds. The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the organization permitted to conduct that game.
   (B)   Participation in management. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
   (C)   Remuneration. No person may receive any remuneration or profit for participating in the management or operation of the raffle.
   (D)   Premises. A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this subchapter.
   (E)   Locations. Raffles chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
   (F)   Age of participants. No person under the age of 18 years may participate in the conducting of raffles or chances. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his/her parent or guardian.
   (G)   Location for determining winning chance(s). The location of the premises on which to determine the winning chance or chances in a raffle shall be restricted to a business district, commercial district, or where a special use permit has been granted for a school, church, government or similar institution.
(Ord. 3143, passed 9-12-2017)
§ 111.70 RECORDS.
   (A)   Each organization licensed to conduct raffles and chances shall keep such records and shall also keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which chances are determined.
   (B)   Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization. Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for each revenues of the organization.
   (C)   Each organization licensed to conduct raffles shall report within 30 days after the conclusion of each raffle to its membership, and to the city, on a form provided by the city; its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this section.
   (D)   Records required by this section shall be preserved three years, and organization shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
(Ord. 3143, passed 9-12-2017)
§ 111.71 MANAGER'S BOND.
   All operations of and conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager or operator of the raffle must be a bona fide member of the organization holding the license for such raffle and my not receive any remuneration of profit for participating in the management or operation of the raffle. The manager shall give a fidelity bond in the sum of the title value of the prizes to be awarded in the raffle conditioned upon his/her honesty in the performance of his/her duties. Terms of the bond shall provide that notice shall be given in writing to the city not less than 30 days prior to its cancellation. The city may waive this bond requirement by including a waiver provision in the license issued to the organization under this article, provided that a license containing such a waiver provision shall be granted only by unanimous vote of the members of licensed organization board.
(Ord. 3143, passed 9-12-2017)
§ 111.72 SUSPENSION/REVOCATION.
   Any license granted under this subchapter may be suspended or revoked by the city at any time it appears that the proposed or actual operation of the raffle with be or is such as to constitute a public nuisance or to endanger the public peace, health, safety or welfare. Any license granted under this subchapter may be suspended or revoked in whole or in part at any time that the raffle is conducted contrary to the license or to any state or city code, or when such a raffle or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety or welfare. Suspension or revocation shall become effective immediately. It shall be a violation for any person to operate, engage or participate in except as a patron, any raffle which license has been suspended or revoked.
(Ord. 3143, passed 9-12-2017)
§ 111.73 PUNISHMENT.
   Any raffle permit issued under this subchapter shall be revoked or suspended if the permit holder violates any terms of the license or any other provisions of this subchapter. Any violation of this subchapter shall be subject to a fine up as per § 10.99. Each day that a violation hereof exists shall be considered a separate offense. Each raffle held in violation hereof shall be considered a separate offense.
(Ord. 3143, passed 9-12-2017)