A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them as follows:
AMUSEMENTS AND ENTERTAINMENTS: Means and includes, but not in limitation thereto, any athletic exhibition, boxing or wrestling exhibition, theatrical performance, public dance, concert, minstrel show, musical or dramatic entertainment, public reading or recitation, circus, menagerie, carnival, side show, merry-go-round, roller coaster or other form of amusement or recreation (except motion picture shows, bowling alleys, billiard halls and pool halls, which are elsewhere provided for).
MECHANICAL/ELECTRONIC AMUSEMENT DEVICE: Any amusement machine or device which, upon the payment of a fee or the insertion of a coin, trade-token or slug, operates or may be operated as a game or contest of skill or amusement of any kind or description. A "mechanical/electronic amusement device" is further defined as any machine, apparatus, contrivance or device which is used or which may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. The term "mechanical/electronic amusement device" does not include any vending machines that incorporate gaming or amusement features, or any coin-operated mechanical devices or any video gaming terminal as defined in the Illinois Video Gaming Act 1 , as amended. Pursuant to section 27 of the Illinois Video Gaming Act 2 and this Code, the Village President and Board of Trustees have declared and ordered that the use and operation of video gaming terminals licensed by the State of Illinois under the Illinois Video Gaming Act 3 within the corporate boundaries of the Village is prohibited and shall be considered illegal gambling. The term "mechanical/electronic amusement device" includes but is not limited to:
1. Any mechanical pinball amusement device; or
2. Any mechanical device which in its operation shoots or propels an electric light, ray or impulse to a target; or
3. Any table bowling, shuffleboard or other mechanical table game or amusement device involving the propulsion of spheres or other projectile, mechanically or by hand; or
4. Any electronic tennis, ping-pong, volleyball or other electronic table game or amusement device which in its operation makes use of electronic circuitry to produce electronic or video images upon a screen; or
5. Any coin-operated or coin-in-the-slot table amusement device or game.
PLACE OF PUBLIC RESORT: Any premises wherein any service or merchandise is offered for sale to the public or where mechanical/electronic amusement devices are kept for gain or profit, or any premises used as a clubhouse or clubroom. (Ord. 81-1601, 11-17-1981, eff. 1-1-1982; amd. Ord. 17-2905, 11-27-2017)
B. License Required: No person, shall set up, keep or maintain or permit to be set up, kept or maintained in any place of public resort any mechanical/electronic amusement device, unless such person shall have obtained a license from the Village as provided in subsection D of this section for each such mechanical/electronic device. (Ord. 91-1821, 8-26-1991)
C. License Fees: The fees listed in chapter 3 of this title shall apply; provided, however, that for any such performance, dance, musical or dramatic entertainment or other entertainment or exhibition given or sponsored by any civic, charitable, school or fraternal organization or by residents of the Village who are not engaged in the business of giving or conducting such affairs, and which is not conducted for personal gain, no license fee shall be required. (Ord. 81-1601, 11-17-1981, eff. 1-1-1982)
D. Licensing Of Mechanical/Electronic Amusement Devices:
1. Application For License: The application for such license shall be made to the Village Clerk on a form supplied by the Clerk which shall contain the following information and any other additional information deemed necessary for the effective issuance of licenses and regulation of mechanical/electronic amusement devices and/or enforcement of the general intent of this section. All information contained in the application shall be under oath, and any false information submitted shall be grounds for immediate revocation of any license issued by the Village:
a. Name and address of the applicant, age, date and place of birth.
b. Location where machine or device is to be displayed or operated and the business conducted at that place.
c. A statement under oath which represents that:
(1) The machine or device is not a gambling device.
(2) No free games can be obtained by any player.
2. Qualifications Of Licensee: No license shall be issued to any applicant unless he shall be twenty one (21) years of age or older and a citizen of the United States.
3. Number Of Licenses: The number of licenses issued in the Village at any one time shall not exceed six (6).
4. License Fee: The annual fee for a license shall be as provided in Chapter 3 of this Title.
5. Number Of Machines: No more than two (2) such machines shall be permitted for each place of public resort in the Village.
E. Operation Of Mechanical/Electronic Amusement Device:
1. Supervisor: There shall be at least one supervisory employee, twenty one (21) years or older, in attendance at all times on any premises containing coin-operated amusement devices, during operating hours. (Ord. 91-1821, 8-26-1991)
2. Disorderly Conduct Prohibited: In addition to the provisions contained in Section 3-1-20 of this Title, no one shall permit the operation of any mechanical/electronic amusement device in such a fashion so that the players and spectators engage in any disorderly conduct as such is defined in Section 6-1-1 of this Code. If such disorderly conduct occurs, the Village President shall revoke the license or licenses for all such mechanical/electronic machines in operation on the premises. (Ord. 91-1821, 8-26-1991; 1997 Code)
3. Hours Of Operation: No one shall permit the operation of any mechanical/electronic amusement device between the hours of ten o'clock (10:00) P.M. and ten o'clock (10:00) A.M. on any day. (Ord. 91-1821, 8-26-1991)
F. Violations; Penalty:
1. Seizure And Destruction Of Machines: It is hereby made the duty of every member of the police force to seize any mechanical/electronic amusement device kept or used in violation of this Section and, upon conviction of the keeper thereof, such mechanical/electronic amusement device so seized shall be destroyed. (Ord. 81-1601, 11-17-1981, eff. 1-1-1982)
2. Penalty: Any person, firm, partnership, corporation, association or club violating any provisions of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 91-1821, 8-26-1991; 1997 Code)
Notes
| 1 | 1. 230 ILCS 40/5. |
| 2 | 2. 230 ILCS 40/27. |
| 3 | 3. 230 ILCS 40/1 et seq. |