A. Definitions: In this section, unless the context or subject matter otherwise requires:
AMUSEMENT DEVICE: Any table game, machine, apparatus, contrivance, appliance, or device which may be operated or played involving in its use either skill or chance, including, but not limited to, any pool table, billiard table, bumper pool, tape machine, card machine, bowling game machine, shuffleboard machine, marble game machine, horseracing machine, basketball machine, baseball game machine, football game machine, foosball table, dart game, musical dancing game, or any other similar mechanical or electronic game machine or device (hereinafter referred to as "amusement device" or as "device").
ELECTRONIC AMUSEMENT DEVICE: Any electronic device which, upon the insertion or other use of a coin, token, prepaid card, slug, other mechanical or electrical device, or the payment of a fee in some other manner, may be used by the public for use as a game, entertainment, amusement, test of skill, either mental or physical, whether or not registering a score. Without any limitation on the foregoing, electronic amusement devices shall include, but not be limited to, arcade type video games, pinball machines, musical dancing games and the like. Electronic amusement devices shall not include billiard tables and other similar table games.
PERSON: Any corporation, association, partnership, club, society or any individual.
PLACE OF PUBLIC RESORT OR OPEN TO THE PUBLIC: Any premises wherein any service, food, or beverage or merchandise is offered for sale to the public or by the general public or by members and guests of any club.
PROPRIETOR: The person in whose place of business any such amusement device is placed for the use, amusement, patronage or recreation of the general public or members and guests of any club.
TABLE GAMES: Games such as billiards, pool, foosball, table tennis, air hockey, and the like that are primarily played on a table whether activated manually or by the insertion of a coin, token, prepaid card, slug, or other mechanical or electronic devices. Table games shall not include pinball, video games, and other electronic amusement devices.
B. License Required: It shall be unlawful for any person to operate within the village an amusement device, either for gain or not, open to the public or in any place of public resort, without a license therefor.
C. License Term, Sticker, And Fee: Any license issued for an amusement device pursuant to this section shall be for the term of one year beginning May 1 of a specific year and ending on April 30 of the next consecutive year, and the holder of any such license shall be required to renew such license no later than April 30 of each year. Each amusement device proposed to be operated within the village and licensed pursuant to this section shall bear a sticker issued by the village clerk, which sticker shall be valid for a term of one year beginning May 1 of a specific year and ending on April 30 of the next consecutive year. The fee for each amusement device license and the related sticker issued pursuant to this section shall be as specified from time to time in section 1-10-7 of this code. In addition, renewal applications shall include a late fee as specified from time to time in section 1-10-7 of this code.
The owner and/or lessee of such device(s) and the proprietor of the premises in the village where such amusement device(s) is or are located shall be jointly liable for securing the license for such device(s) and the payment of such annual license fee for such device(s) as well as any applicable late fees. The village clerk shall issue as evidence of payment of said fee a sticker which shall be affixed to and conspicuously displayed on each such device.
D. Application For License: Application for a license for any amusement device shall be obtained from and submitted to the village clerk, together with a floor plan of the premises of operation pursuant to this section, by the owner and/or lessee of such device or by the proprietor in whose place of business any such amusement device is placed for the use, amusement, patronage, or recreation of the general public or members and guests of a club and shall be signed by the applicant, if an individual; by a partner in the case of a partnership; or by an officer in the case of a corporation, club, association, or society, verified by oath or affidavit; and shall contain the following information:
1. The name, address, age, date and place of birth of the applicant, if an individual; the names, addresses, ages, and dates and places of birth of all general or limited partners, if a partnership; the names, addresses, ages, dates and places of birth of all officers and directors of the corporation, club, association or society, if a corporation, club, association or society.
2. A statement of the principal kind of business of the applicant.
3. A statement of whether corporate business will be conducted by a manager, and the name, address, and authority of any such manager or agent.
4. The names, addresses, and dates of birth of all persons, firms and organizations owning of record five percent (5%) or more of the corporation's stock or five percent (5%) or more interest in a partnership.
5. A statement of whether any partner, officer, manager, director, or shareholder owning five percent (5%) or more of the stock of a corporation has ever been convicted of a felony or has ever forfeited an appearance bond on a felony charge, and a statement of any prior convictions of such persons for any violations of the gaming laws of the state of Illinois or any other state, or of any federal gaming laws.
6. A statement of the personal history of the manager or agent to be conducting business for the applicant.
7. The place where the device(s) is to be displayed or operated and the business conducted at that place.
8. A description of each device to be covered by the license, mechanical and electronic features, if any, and name of manufacturer of each such device.
9. Whether said device is owned by applicant, and if not, the name and address of the owner thereof.
E. Code Enforcement Inspection:
1. Prior to the issuance of any amusement device license hereunder, all applications shall be submitted with a floor plan of the proposed premises to the village administrator, or his designee, for approval of the proposed floor plan, which shall show, include, but not be limited to, the following specifications:
a. Square footage;
b. Exits (door locations);
c. Seating arrangement;
d. Amusement device locations;
e. Aisle widths;
f. Emergency and exit lighting;
g. Bathroom locations;
h. Schematic of electrical system, inclusive of floor plan; and
i. If electrical work is to be completed, an application or electrical permit, together with a schematic of the electrical system, inclusive of the floor plan.
The premises of operation for which application is made shall comply with all applicable provisions of this code, including, but not limited to, the village of Lake Barrington zoning regulations. Prior to any modification of the proposed floor plan, any changes of or to the above listed floor plan specifications shall be immediately submitted to the village administrator, or his designee, for approval.
2. All applicants for amusement device license(s) shall:
a. Install and maintain on the premises where such devices shall be operated approved crash bar device(s) for all exits.
b. Install on the premises where such devices shall be operated dry type fire extinguisher(s), the number and location of which shall be determined by the applicable fire district inspector, or his designee.
c. Apply for and obtain all other necessary permits and approvals from the village as may be applicable.
F. Investigation: Prior to the commencement of the operation of any such amusement device on a premises, the police department serving the village and the building commissioner shall investigate the location wherein such amusement devices are proposed to be operated and determine the accuracy of and verify the information submitted by the applicant. The village is authorized to make an inspection from time to time of the premises wherein such amusement devices are operated to verify the number of licensed amusement devices and whether each such amusement device bears the required sticker as issued by the village and whether the premises conforms to the requirements of this section.
G. Eligibility For License: Amusement devices shall be allowed and licensed only in compliance with the village of Lake Barrington zoning regulations.
H. Village Clerk Issues Licenses; Waiting Period:
1. The application for one or more amusement device license(s) shall be obtained from and completed applications submitted to the village clerk who shall have the authority to approve or deny the license application based upon the applicant's compliance with this section. Stickers for each amusement device shall also be obtained from and issued by the village clerk.
2. No license shall be issued until at least thirty (30) days from the date of filing of the application with the village clerk.
I. Display Of License: The license or licenses herein provided for shall be posted prominently and conspicuously at the location of the amusement device(s) in the premises the device(s) is to be operated or to be maintained to be operated. It shall be unlawful for the owner or lessee of any amusement device or of the premises within the village or any person in control of such premises to permit the installation or use of any amusement device unless a license has been issued for same and the fee has been paid and is evidenced by a sticker affixed to the device. It shall be unlawful for any person to mutilate said sticker at any time during the year for which it was issued. Each such device shall also be plainly labeled with the name, address, and telephone number of its owner. No person shall keep or display for operation or patronage by the public within the village any such device without first having obtained a license and required sticker therefor from the village clerk.
J. Gambling: It shall be unlawful for any person owning, possessing, or operating any amusement device to permit said device to include any form of gambling or to include any scheme whatsoever to dispense any form of payoff, prize, reward, except free games dispensed by the device, and nothing in this section shall in any way be construed to authorize, license or permit any gambling device whatsoever or any mechanism which has been judicially determined to be a gambling device, or in any way contrary to the laws of the state of Illinois. (Ord. 2008-O-05, 2-5-2008)