(A) It shall be unlawful for any person to continue to conduct or thereafter to begin to conduct any form of amusement at any permanent or temporary place of amusement within the village without a license therefor, as hereinafter provided.
(B) Every person desiring to continue to conduct or hereafter to begin to conduct any such amusement at any permanent or temporary place of amusement or any itinerant form of amusement within this village, shall file an application for a permanent, temporary, or itinerant form of amusement license or licenses, as the case may be, with the Village Clerk. Every application for license shall be made on a form prescribed, prepared, and furnished by the Village Clerk, and shall set forth the name under which the applicant conducts or intends to conduct an amusement whether the applicant conducts or intends to conduct a permanent or temporary form of amusement, the location of the permanent or temporary place of amusement, and such other information as the Village Clerk may require. If the applicant has or intends to have more than one place of amusement within the village, the application shall state the location of each place of amusement, and in the case of itinerant form of amusement, the date and length of time such amusement is to be conducted at each place. In the case of an application for a license for a temporary place of amusement, the application shall state the name and address of the owner, or lessee, or custodian of the premises on which such amusement is to be conducted, and any other information prescribed by the Village Clerk for purposes of identification. The application shall be signed and verified by oath or affirmation by the person conducting the amusement if a natural person, or in the case of an association, by a member or partner thereof or in case of a corporation by an executive officer thereof or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his or her authority. At the time of making an application the applicant shall pay the Village Clerk a fee of $1 for each license.
(C) On approval of the application and the payment of any license fee or fees herein required, the Village Clerk shall grant and issue to each applicant, unless withheld for a cause, a permanent, temporary, or itinerant amusement license for each place of amusement within this village set forth in his or her application. An amusement license shall be valid only for the person in whose name it is issued and for the conduct of amusements at the place designated therein; it shall not be assignable; it shall be conspicuously displayed at the place for which issued during the period of ticket sale and conduct of amusements. All licenses for permanent places of amusement shall be for a period of one year following the date on which they are issued, unless sooner surrendered by the licensee, or suspended or revoked for cause by the Village Clerk. Licenses for temporary places of amusement or for forms of itinerant amusement shall expire at the time specified therein. The holder of an itinerant amusement license shall notify the Village Clerk promptly of any change in the original contemplated itinerary, either as to date or time of the conduct of the amusement at each place.
(D) Licenses issued for permanent places of amusement under the provisions of this subchapter may be renewed annually on application made to the Village Clerk and the payment of a renewal fee of $1.
(E) The Village Clerk may suspend or after hearing revoke an amusement license whenever he or she finds that the holder thereof has failed to comply with any of the provisions of this chapter or any rules or regulations of the Village Clerk prescribed, adopted, and promulgated under this subchapter. On suspending or revoking any amusement license, the Village Clerk shall require the holder thereof to surrender to him or her immediately all licenses or duplicates thereof issued to the holder and the holder shall surrender promptly all licenses to the Village Clerk as required. Whenever the Village Clerk suspends an amusement license, he or she shall notify the holder immediately and afford him or her a hearing, if no hearing has already been afforded and one is desired. After the hearing the Village Clerk shall either rescind his or her order of suspension or on good cause appearing therefor shall continue the suspension or revoke the license.
(F) It shall be unlawful for the owner, lessee, or custodian of the premises on which an amusement is to be conducted, to lease or permit the same to be used by any person who is not the owner of a license duly issued by the Village Clerk hereunder. Any owner, lessee, or custodian who leases to or permits the premises to be used for that purpose, to a person who is not the owner of a license duly issued hereunder, shall be liable for the amount of taxes levied under the provisions of this subchapter in connection with any amusement so conducted on the premises, and the taxes shall be a lien on the premises.
(G) When an exemption from the payment of the admission tax is granted by the Village Clerk for a given amusement or series of amusements in accordance with the provisions of § 39.03, the exemption shall be considered as the equivalent of the license herein provided for. The exemption form as executed on behalf of the Village Clerk shall be displayed in the same manner as is provided for the license.
(1995 Code, § 39.05) (Ord. 4-1948, passed 1-19-1948) Penalty, see § 39.99