(A) Permit required.
(1) Except for those premises licensed under Wisconsin Statutes Chapter 125 (Class B Beer/Liquor), no person, firm or corporation shall operate or keep an amusement arcade as defined herein without having obtained and posted on the premises, in plain view, a permit to operate such arcade.
(2) Application shall be made to the City Clerk on the form provided by such office, accompanied by the application fee, which shall be nonrefundable.
(3) The fee for a permit shall be as set by City Council resolution, and payment for permit must be paid to the City Clerk at the time application is made. All permits will expire on June 30 of each year. The application shall set forth the following information:
(a) The name and address of the applicant or, if a partnership, the name and addresses of all the partners or, if a corporation, the names and addresses of the principal officers and registered agent thereof, and the name and address of the person who will supervise the game room.
(b) The name and addresses of the owners of the amusement devices to be located on the licensed premises, if such others are different from that of the applicant. If the owner of the amusement devices is a partnership, the names and addresses of all the partners or, if a corporation, the names and addresses of the principal officers and registered agent thereof.
(c) A building plan of the premises to be licensed specifically describing and otherwise showing all dimensions, including the intended division of floor space, exits and entrances, the areas to be used for amusement devices, and the common aisles.
(d) A site plan of the premises to be licensed which shall include the proposed landscaping for the subject premises, and all the improvements, parking and driveway areas, and landscaping located on property adjacent to and within 20 feet of the property lines of the premises to be licensed.
(e) Where applicable, the person requesting the permit shall present a copy of his/her Wisconsin seller's permit.
(f) If the applicant operates other game rooms in other areas, the names and addresses of such other licensed establishments.
(g) Such application shall also contain such additional information as the City deems necessary to assist it in determining the qualifications of the applicant for such permit.
(B) Inspection.
(1) Annual. The City Clerk shall notify the Chief of Police, Fire Inspector and Building Inspector of each new application for permit and these officials shall inspect or cause to be inspected each application and premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a permit. The Chief of Police and Fire Inspector shall furnish to the Committee on Public Safety in writing the information derived from such investigation, accompanied by a recommendation as to whether a permit should be granted or refused. No permit shall be renewed without a reinspection of the premises and report as originally required.
(2) Operational inspection. The City, including but not limited to police, fire and building inspection personnel, may enter at reasonable hours, any premises for which a permit has been issued under this chapter to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this chapter.
(C) Committee review. The applicant shall be forwarded to the Committee on Public Safety which shall review the application prior to making a recommendation to the Council on the granting or denial of any amusement arcade permit. In reviewing each application, the Common Council must find:
(1) That the establishment, maintenance or operation of an amusement arcade at the location requested will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2) That the proposed amusement arcade will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
(3) That the establishment of the amusement arcade will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the district.
(4) That adequate measures have been or will be taken to maintain good order surrounding the location thereof.
(D) Issuance of permit; term. The City Clerk shall issue a permit upon approval of the application by the Common Council upon the payment by the applicant of the required permit fee. All licenses issued herein shall be for 1 year ending on June 30 and shall not be transferable.
(Ord. 697, passed 10-5-94; Am. Ord. 704/95, passed 1-18-95) Penalty, see § 1.1.99
Cross-reference:
License fee, see Fee Appendix