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)
LICENSES
(A) No exhibitor shall display amusement devices for use or otherwise operate an amusement location without obtaining an exhibitor's (amusement location) license for each such location. The license shall bear on the face the following information:
(1) The issuance and expiration date;
(2) The exhibitor's full name and business address; and,
(3) If applicable, the number of amusement devices being placed for exhibition in the amusement location.
(B) It shall be a violation of this chapter to own or operate any amusement location without an amusement location license issued by the town.
('85 Code, § 3-1-3) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
No amusement machine shall be operated or placed in any public place or in a business of any kind, either on public or private property, where a charge is made to use or play the machine or device, without an amusement machine license issued by the town, which license shall bear on its face the date of issuance, the serial number of the machine and its model, the expiration date of the license, the exhibitor's full name and business address and the machine owner's full name and business address. It shall be a violation of this chapter to allow to be operated in any public place any amusement machine or device without an amusement machine license issued by the town when required under this section.
('85 Code, § 3-1-4) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
The application for an exhibitor's license or an amusement machine license shall be submitted to the Clerk-Treasurer and contain the following information:
(A) General information. This division applies to either an exhibitor's or amusement machine license application. The application shall contain:
(1) The name and address of the applicant;
(2) The name and address of the establishment for which the license is sought;
(3) The name and address of the owner of the establishment, if other than the applicant;
(4) The names, addresses and telephone numbers of the operators or managers of the establishment who will be on duty during the hours when the establishment is open to the public;
(5) The licensed activity to be conducted at the establishment;
(6) Any other principal business activities conducted at the establishment (e.g., food/bar service, retail trade and the like);
(7) Any other information deemed necessary by the town and requested on the application form.
(B) Amusement machine license. This division applies only to applications for an amusement machine license. In addition to the information required under division (A) above, an application for an amusement machine license shall contain the following information:
(1) The date of issuance and expiration of the exhibitor's license of the establishment;
(2) The number of amusement devices to be placed and operated under the license;
(3) For each amusement device encompassed by the license:
(a) The type of device;
(b) The model and serial number (if any);
(c) The approximate age;
(d) The name and address of the owner, and if applicable, the name and address of any other individual, company, corporation or trust having any right, title or interest in the device; and,
(e) If anyone named in division (d) above is other than an individual person, the names and addresses of the principals, officers, directors, trustees and the like of the corporation, company, firm, trust, as applicable.
('85 Code, § 3-1-5) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
(A) The Clerk-Treasurer shall collect the license fee prescribed below at the time the application for a license is made:
(1) Exhibitor's license, $50 per year.
(2) Amusement machine license, $25 per year.
(B) In the event of an application for an amusement machine license to go into effect at any time after January 1 of any calendar, the applicant shall be required to pay for the license a pro rata part for the portion of the year remaining, up to December 31 of that year; provided, any portion of a calendar month shall be counted as one month in the computations of time for that remaining portion of the year. However, the fee for an exhibitor's license shall be for a calendar year or any part thereof and no part of the same shall be pro-rated. If an exhibitor's license is denied, no part of the fee shall be returned to the applicant and the full fee shall be kept by the town to cover its expenses of investigation. If an amusement machine license is denied, the fee, less $25 for the cost to the town of the license investigation and inspections, shall be returned to the applicant.
('85 Code, § 3-1-6) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
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