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Upon receipt of an application for a license, the fiscal officer shall forward it to the Town Marshal, who shall conduct an investigation concerning the truth of the facts stated in the application, the character of the applicant and the condition of the premises upon which the proposed licensed activity is to take place. The Marshal shall give the results of his or her investigation to the Clerk-Treasurer, who shall forward it along with the application to the Town Council and its President for review.
('85 Code, § 3-1-7) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85)
(A) The Town Council and its President may approve the application for a license unless it finds that:
(1) The applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions or duties of the business, profession or occupation for which the license is to be issued;
(2) The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or another, or substantially injure another;
(3) The applicant knowingly made a false statement of fact required to be revealed in the application for the license, or in any amendment or report to be made thereunder;
(4) The premises and the amusement devices are located within 300 feet of a public playground or public or private school of elementary, junior high or high school grade;
(5) No attendant will be on duty and present on the premises at all times when it is open for business and has customers using the machines or devices;
(6) The applicant refuses to abide by each and every term of this chapter; or
(7) Issuance of the license would be inconsistent with the public health, safety and general welfare of the town and its citizens.
(B) Notwithstanding any other provisions of this chapter, the town reserves the right to place a limit on the number of amusement device which may be placed pursuant to a license application if the number of amusement devices within the town becomes unmanageable, unreasonable, or detrimental to the public welfare. Upon denial of the license, the Clerk-Treasurer shall give written notice of that action to the applicant by certified mail, stating the reason therefor. An applicant whose license is denied is entitled to a hearing in the manner provided by § 111.28.
('85 Code, § 3-1-8) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85)
All licenses issued under this chapter, unless specified otherwise on the license, shall be issued for the duration of the calendar year for which they were issued and all licenses shall expire on December 31 of that calendar year.
('85 Code, § 3-1-9) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
Upon approval of an amusement machine license application, the Clerk-Treasurer shall issue, in addition to the amusement machine license, individual license stickers for each amusement device included within the amusement machine license, which stickers shall contain the name of the exhibitor, the exhibitor's license number and the serial number of the amusement device or a general description of the type of device if it has not serial number. Each sticker shall be permanently affixed to the amusement device for which it was assigned in a conspicuous place. No owner shall rent or place and no exhibitor shall display or operate any amusement device which does not have an individual license sticker as provided in this section. It shall be a violation of this chapter to tamper, remove, alter, or device any license or sticker placed on a machine or device pursuant to this section.
('85 Code, § 3-1-10) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
An exhibitor's license issued under this chapter shall be kept and posted, at all times, in a visible and conspicuous place on the premises where the licensed activity is conducted.
('85 Code, § 3-1-11) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
(A) No license issued hereunder may be transferred to another person.
(B) If the ownership or operation of the licensed establishment is transferred to a person other than the original licensee, a new license must be applied for by the new owner or operator within 30 days, after which time the original license shall cease to be valid, regardless of its stated expiration date.
(C) Any and all licenses issued under this chapter shall be valid only for the location indicated on the license certificate.
(1) When the licensee shall change his or her place of business to another location within the town or moves a machine to another location, he or she shall apply to the Clerk-Treasurer for issuance of a new license certificate indicating the changed location.
(2) The new license must be approved, after an investigation by the Town Marshal, by the Town Council and its President.
(D) If a licensed amusement device or machine is removed from the premises prior to the expiration of the license and replaced by an unlicensed machine or device, the unexpired term remaining under the license for the removed machine may be transferred to the unlicensed machine upon the payment of a $10 transfer fee by the applicant and the Clerk-Treasurer shall issue a license for the replacement machine.
(1) A license issued hereunder for a replacement machine shall expire on December 31 of calendar year.
(2) In lieu of paying a transfer fee, the applicant may obtain a new license for the replacement machine up the payment of the appropriate license fee as required under this chapter.
(E) If the licensee ceases to conduct the licensed activity prior to the expiration date of the license, or if a licensed amusement device or machine is removed from the premises prior to the expiration of the license and not replaced by another machine or device, no part of the license fee for the unexpired term of the license shall be returned to the applicant.
('85 Code, § 3-1-12) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
All persons licensed under this chapter shall be subject to the regulations of the Town Council. In addition to the other terms and conditions contained in this chapter, any licenses issued hereunder shall be conditional on and subject to the following:
(A) Enforcement of truancy laws. It shall be a violation of this chapter for an exhibitor or employee to allow a child under 16 years of age who is subject to compulsory school attendance laws of the state and who is not accompanied by a parent, custodian or legal guardian to be present in an amusement location between the hours of 7:30 a.m. and 3:00 p.m. on a day when that child's school is in session.
(B) Enforcement of minor curfew. It shall be a violation of this chapter for an exhibitor or an exhibitor's employee to allow a person who has not reached the age of 18 years to be present in an amusement location after the hours established by statute or town ordinance for juvenile curfew unless accompanied by a parent, legal guardian, custodian or an adult specified by the child's parent, legal guardian or custodian [see § 130.20 et seq.].
(C) Use of pool/billiard tables by minors restricted. No person operating an amusement location wherein pool or billiard tables are maintained or other games requiring the use of cue and balls, shall permit any person under 18 years of age to use those tables or games except in the company of a parent or guardian.
(D) Notice of certain regulations required. It shall be a violation of this chapter to operate an amusement location unless a sign is conspicuously posted inside the location stating the regulations applicable under division (A), (B) and if applicable, (C) above.
(E) Full-time adult attendant required. It shall be a violation of this chapter to operate an amusement location without having a full-time adult operator and/or attendant on duty at all time when the same is open to the public and/or when customers are present on the premises.
(F) Persons operating amusement machines required to be visible. It shall be a violation of this chapter to allow a patron to be present in or operate an amusement machine unless he or she is totally visible.
(G) Security requirement. It shall be a violation of this chapter for an exhibitor or the exhibitor's employee to operate an amusement location without providing adequate protection and security to persons visiting the premises or to property of persons located on the premises.
(H) Enforcement of orderly conduct. It shall be a violation of this chapter for an exhibitor or the exhibitor's employee to permit persons to congregate in a disturbing manner on the premises of his or her place of business.
(I) Proximity of amusement devices to schools and playgrounds restricted. No holder of any license issued under this chapter shall cause or allow any amusement device to be located, operated or maintained within 300 feet of the nearest street entrance to or exit from any public playground or public or private school of elementary, junior high or high school level.
(J) Valuable inducements and payoffs prohibited. No holder of any license issued under this chapter or his or her employee, shall allow or permit any award, payoff or delivery of anything of value or representing or exchangeable or redeemable for anything of value in any play, contest, tournament or individual's operation of an amusement device and it shall be a violation of this chapter for any exhibitor or his or her employee to cause or permit or allow the same.
(K) General compliance with laws and ordinances; operation of illegal devices prohibited. No exhibitor or exhibitor's employee shall violate any statute or town ordinance, including this chapter, or allow any other person to commit a violation on the premises of the exhibitor's place of business. Nothing in this chapter shall be deemed to permit the licensing, maintenance or operation of any amusement device which is contrary to any of the laws of the state or the United States, or the town, nor to permit the operation of any amusement device licensed under this chapter in such manner as to be contrary to any of the laws.
('85 Code, § 3-1-13) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
Cross-reference:
Offenses against city regulations, see Ch. 130
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