Section
General Provisions
111.01 Statutory authority
111.02 Definitions
Licenses
111.15 Exhibitor's license required
111.16 Amusement machine license required
111.17 License application required
111.18 License application fees; refund of fees; pro-rationing
111.19 Investigation of applicant; referral to Town Marshal and Town Council
111.20 Approval or denial of license by Town Council; causes for denial; notice and hearing upon denial
111.21 Term of licenses
111.22 Issuance and fixation of stickers; tampering with stickers
111.23 Display of exhibitor's license
111.24 Non-transfer of license as to persons or location; transfer of machine license to new machine; transfer fee
111.25 Terms and conditions of license; operating regulations
111.26 Inspection of location
111.27 Non-compliance with terms and conditions of license; suspension or revocation; notice and hearing
111.28 Hearing rights upon denial, suspension or revocation of license
111.29 License renewal; application procedure; additional fee for late application
111.99 Penalty
GENERAL PROVISIONS
This chapter is enacted by the Town Council pursuant to the authority granted it by IC 36-1-6-2, 36-1- 6-4, 36-8-2-10, 36-5-2-9, 36-5-4-11, 36-8-2-4, 36-8-2-9, 36-8-2-8, 36-1-4-11, 36-1-2-15 and 36-5-2-9.
('85 Code, § 3-1-1) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT LOCATION.
(1) Any place of business or an establishment open to the public described by any of the following:
(a) Where amusement machines or devices are maintained and operated.
(b) A bowling alley.
(c) A shooting gallery.
(d) An establishment where dancing by the public is permitted (to either live or recorded music), exclusive of a dance studio or dancing school, the purpose of which is to teach dancing.
(e) A skating rink.
(f) A motion picture theater.
(2) The term does not include recreational facilities or events operated or sponsored by governmental entities, by non-profit charitable, educational, religious or civic organizations or by private membership organizations which are not open to the general public.
AMUSEMENT MACHINE or DEVICE.
(1) Any electrical, electronic or mechanical apparatus or device which is operated by insertion of a coin or token, or for the use of which any charge is assessed by the exhibitor or owner, and which is designed to be used for one of the following purposes:
(a) To play games or contests.
(b) To view slide, motion picture or videotape shows.
(2) A pool table, billiard table or similar apparatus maintained by a public or commercial establishment for the use of patrons, whether or not a specific charge is assessed for its use.
(3) A fixed table, bar or similar apparatus or structure which is specifically designed and laid out for playing one or more games or contests, is maintained by a public or commercial establishment and is made available to patrons of the establishment for the purpose of playing those games or contests with or without specific charge.
(4) The term does not refer to vending machines, machines used solely for music (e.g., jukeboxes and the like), devices used solely for storage or retrieval of data and information, apparatus for receiving and viewing public broadcast or cable-distributed radio and television programming by broadcasters and cable companies licensed by the Federal Communications Commission or small portable games or game equipment made available to patrons of establishments without charge or upon payment only of a refundable security deposit.
AMUSEMENT MACHINE and AMUSEMENT DEVICE are used interchangeably and synonymously hereinafter and either term has the full scope of meaning as provided above.
EXHIBITOR. Any person operating a place of business or an establishment open to the public (with or without an admission charge), which place of business or establishment:
(1) Is a place wherein one or more amusement devices are maintained and operated.
(2) Otherwise operates as an amusement location, as herein defined.
OWNER. Any person, firm or corporation engaged in the business of renting out or placing amusement devices in any location within the town.
('85 Code, § 3-1-2) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85)
Loading...