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Before any pinball arcade license shall be issued, investigation of the application and inspection of the premises shall be made by the Village Building Department, Fire Chief, Police Department and such other village departments or agencies as may be deemed necessary to determine whether the premises fully comply with all pertinent provisions of this code and any other ordinances and regulations of the village. Before any pinball arcade license may be recommended for approval, it must be determined by the Police Department and such other agencies or departments as deemed necessary that the applicant is providing sufficient off-street parking and sufficient aids and regulations whereby vehicular traffic shall not constitute a nuisance or danger. For a standard for such determination, minimum off-street parking facilities shall be as required by the Zoning Code adopted by reference in Chapter 156, with additional facilities for general peak load parking requirements of the business being operated. Before the Fire Chief approves the same, he must determine that adequate space is provided between the pinball machines to permit safe ingress and egress in the premises.
(Ord. 9.02, passed 7-24-78)
Each licensee shall:
(A) At all times open each and every portion of the licensed premises for inspection by the Police Department and other village departments for the purpose of enforcing any provisions of this chapter.
(B) At all times display the license granted hereunder in a conspicuous place near the entrance to the licensed establishment.
(C) Have at least one adult operator on the premises at all times that the premises are open to the public who has not been convicted of a crime involving moral turpitude and who has been so certified by the Police Department.
(D) Not open the licensed premises for business between the hours of 1:00 a.m. and 7:30 a.m. (local time). However, premises may open for business during the aforesaid hours on the granting of a special permit by the Chief of Police upon the showing by the licensee:
(1) That the premises are being used for the holding of a tournament; or
(2) That the licensee desires the premises to remain open during said hours on a legal holiday.
(Ord. 9.02, passed 7-24-78)
No license shall be issued:
(A) Where the individual operator, managing agent of a corporation, or active partner has been convicted of a felony or of a crime involving moral turpitude.
(B) For any premises unless the Building Code, Fire Code and other pertinent provisions of all this code and any other ordinance of the village, as far as can be determined, are being complied with.
(C) For any pinball arcade proposed to be located within 1,000 feet of another pinball arcade.
(D) For any premises, unless the applicant gives notice by regular mail to all property owners located within 300 feet of the premises on which the business is operated of his intention to seek a license.
(E) For any premises that are located within 1,000 feet of any school building attended by students below the age of 16 years of age. Measurement shall be made from front door to front door, along the street line.
(F) For any premises that do not provide space for safe ingress and egress in such premises.
(G) For any premises that have living quarters with direct entry to the premises.
(H) Whenever the Council deems that the granting of such license will not be in the best interest of the public health, safety and welfare of the village.
(Ord. 9.02, passed 7-24-78; Am. Ord. 9.03, passed 8-10-81)
The fee to be paid upon granting of licenses issued hereunder shall be $100 plus $10 for each pinball machine on the premises, or as set by resolution of the Village Council. The application fee established in § 111.03 shall be applied toward the payment of fees established in this section.
(Ord. 9.02, passed 7-24-78)
After review and recommendation by all village agencies and departments, but in no event later than 45 days from the date of filing the application, the Village Manager shall present the application to the Village Council at its next regular meeting. The Village Council upon receiving such application, if presented in due form, shall pass upon the same at its next regular meeting or any adjournment thereof and, if satisfied, that such applicant possesses the qualifications herein prescribed, shall grant such licenses for a term expiring on December 31 of each year. All such licenses shall be in such form as the Village Council may prescribe and shall contain the name, address, place of business, the number of pinball machines on the premises, and the date of expiration of the license, and shall be authenticated by the signature of the Village Clerk.
(Ord. 9.02, passed 7-24-78)
No licensee, by himself, directly or indirectly, or by any servant, agent or employee shall:
(A) Permit any indecent, immoral or profane language, or indecent, immoral or disorderly conduct.
(B) Permit the licensed premises to become a resort for disorderly persons of any type.
(C) Permit gambling or the use, possession or presence of gambling paraphernalia in the premises. The winning of anything of value as a result of the operation of a pinball machine shall constitute gambling. However, the winning of a prize that does not exceed $100 in value in a scheduled tournament shall not constitute gambling.
(D) Permit intoxicated persons to loiter on the premises.
(E) Permit any persons under the age of 16 years to be upon the premises during the hours in which the village's public schools are in session.
(F) Permit the possession or use of any alcoholic liquor on the premises, nor shall the licensed premises be accessible in any way to any place where alcoholic liquor is kept, sold, distributed or given away. This prohibition shall not apply while a Michigan Liquor Control Commission License is in effect at the licensed premises.
(G) Permit the possession or use of any unlawful drug or narcotic, including marijuana, on the premises.
(H) Permit noise or music to emerge from licensed premises which is disturbing to the surrounding area.
(Ord. 9.02, passed 7-24-78) Penalty, see § 10.99
Any license issued in accordance with this act may be renewed for an additional year upon the same terms and subject to the same requirements as provided herein for an original license. Whenever the holder of such license desires to effect a change of place of doing business, he shall notify the Village Council and make application for a license for such new place in the same manner as in the first instance, excepting that proof of good character may be dispensed with by such Village Council. No license issued pursuant to this act shall be assignable or transferable, nor shall any person excepting the person to which it was issued be permitted to do business thereunder, either directly or indirectly.
(Ord. 9.02, passed 7-24-78)
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