(A) Terms defined. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GAME BOARDS.
(a) Any board or jar, whether it be made of wood, paper, or other construction, whereby merchandise or any other thing of value is sold or given away and for which a fee is charged. Shall be considered as a part of the definition of pinball machine.
(b) No proprietor shall use or permit to be used or exhibit for the giving away or selling of any merchandise or valuable thing from a GAME BOARD without a stamp affixed thereto which has been duly cancelled by the Clerk of the village and such stamps are obtainable of the Clerk only by a duly licensed operator as herein defined and on payment to the Clerk of a fee as fixed by the President and Board of Trustees.
GAMING MACHINE. Any gaming machine.
OPERATOR. Any person, firm, corporation, partnership, or association who distributes for the purpose of operation by another, any pinball machine as herein defined whether such setting up for operation on the basis of a division of the income derived from such pinball machine or otherwise.
PINBALL MACHINES. Any pinball or pin table machine or marble machine, or any other similar type of game or machine or table in which any ball, sphere, missile, arm, crane appliance, rod, or plunger is struck, released, impelled, controlled, or manipulated directly or indirectly for the purpose of amusement or skill and in which a test of skill is involved and for the playing of which a fee is charged. Hereafter also referred to as MACHINE.
PROPRIETOR. Any person, firm, corporation, partnership, association, or club who is the owner, lessee, or proprietor of any establishment in or at which such pinball machine is placed for use or play or on exhibition for the purpose of use or play.
(B) Operator’s license required. No person shall engage in the business of an OPERATOR as hereinabove defined without first having obtained a license therefor.
(C) Operator’s license fee. The license fee for the operator shall be as fixed by the President and Board of Trustees, such fee per year payable annually in advance. No license shall be issued for less than one year and in no case shall any portion of said license fee be repaid to the licensee.
(D) Proprietor’s license fee. The license fee for each PROPRIETOR as herein defined shall be fixed by the President and Board of Trustees, such fee per year for each machine used or played or exhibited for use or play, payable annually in advance. No license shall be issued for less than one year. In no case shall any portion of said license fee be repaid to the licensee.
(E) Application for license; license nontransferable.
(1) Application for license hereunder shall be filed in writing with the Village Clerk and shall specify:
(a) The name and address of the applicant, and if a firm, corporation, or association, the principal officers thereof and their addresses;
(b) Whether the applicant is a citizen of the United States; and
(c) The place where the business of the applicant is to be carried on.
(2) All license fees shall be paid over by the Village Clerk to the Village Treasurer. The license shall be posted in a conspicuous place in the establishment of the licensee. Such license shall be nonassignable and nontransferable and in the case of a proprietor shall apply only to the premises for which such license is issued. No license shall be issued to a person who is not a citizen of the United States.
(3) Evidence of ownership to be filed with Clerk: any proprietor who owns a machine or machines on the effective date hereof shall file with the Village Clerk, within 48 hours, evidence of such ownership and no proprietor may purchase a machine or machines after such effective date, within the corporate limits of the village without an operator’s license.
(F) Age restriction. No proprietor shall permit any person under the age of 13 years to operate, use, or play any such machines.
(G) Machines in plain view.
(1) All such machines shall at all times be kept and placed in plain view of all persons who may be in or frequent any place of business or other place where such machines are kept or used.
(2) Nothing in this section shall be construed to authorize, permit, or license any slot machine or device of any kind or nature whatsoever which is prohibited by the provisions of this village code or by the laws of the state.
(H) Revocation of license. The President of the Board of Trustees shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this section.
(Prior Code, § 3-2-2) (Ord. passed 4-3-1950) Penalty, see § 112.99