A. General Prohibition. Coin-operated amusement devices are hereby prohibited within the corporate limits of the Village, except in amusement arcades and restaurants, and only upon the issuance of a license by the Village Manager pursuant to this section.
B. Amusement Arcade. The Village Manager may issue a license to an amusement arcade to permit the operation of coin-operated amusement devices, provided that the establishment meets the following requirements:
1. The establishment shall not possess a liquor license; and
2. The establishment shall operate in a space of 1,000 square feet or less.
C. Restaurants. The Village Manager may issue a license to a restaurant, as that term is defined in Chapter 5.09 of this Code, to permit the establishment to operate a single, coin-operated amusement device.
D. Application. All applications for a license issued pursuant to this section or a renewal of such license shall be made upon forms to be provided by the Village, and such application shall include:
1. The name and address of the applicant;
2. The nature and description of all coin-operated amusement devices, including the models and serial numbers;
3. The name and location of the principal business at which the coin-operated amusement devices will be located and operated;
4. The hours during which the applicant proposes to operate the coin-operated amusement devices;
5. A floor plan showing the locations of the coin-operated amusement devices and the gross floor area of the premises of the applicant;
6. For amusement arcades, a description of the type of video surveillance cameras to be installed and a floor plan showing the areas of the amusement arcade that will be monitored by the surveillance cameras;
7. A detailed description of the nature of each of the coin-operated amusement devices, including how they operate and whether they dispense a gift, toy, token, coin or other item;
8. The proposed charge, if any, for the use or operation of each coin-operated amusement device;
9. The hours of business of the establishment in which the coin-operated amusement device will be located;
10. If a proprietor, owner, partner, corporate officer or manager of the establishment has been convicted of a felony or misdemeanor within the past ten (10) years, then a statement by such person giving the time, place and pertinent details of such offense;
11. For amusement arcades, a statement of personal history of the supervising manager or agent; and
12. Any additional information requested by the Village Manager.
E. Qualifications. The Village Manager shall investigate the information required on the application and, upon determining that the applicant is eligible, shall authorize the issuance of the license. No application shall be considered complete, and no license shall be issued, unless the applicant has first paid the license fee required by this chapter. No license shall be issued under this section to a person convicted of any larceny, embezzlement or any other offense involving fraud, nor to any person not of good moral character.
F. License Fee. The applicant shall pay an annual fee for the license issued under this chapter. The annual fee shall be in an amount set from time to time by resolution of the Village Council and shall be paid to the Village on or before January 1st of the year for which the license is to be issued.
G. Term of License. Each license issued under the provisions of this chapter shall terminate on the last day of December of the year in which it was issued.
H. Coin-Operated Amusement Device Regulations. All holders of a coin-operated amusement device license shall comply with the following regulations:
1. Any license issued under the provisions of this section shall be affixed to or displayed in a conspicuous place within the establishment for which it was issued.
2. It shall be unlawful for:
a. Any amusement arcade to operate a coin-operated amusement device between the hours of 10:00 p.m. and 10:00 a.m.; and
b. A restaurant to operate a coin-operated amusement device between the hours of 12:00 a.m. and 7:00 a.m.
3. It shall be unlawful to permit a coin-operated amusement device that:
a. Has outdoor speakers or amplifiers; or
b. Emanates music or sound outdoors at a level of 50 decibels or greater.
4. A licensee that is a restaurant may not operate on the premises more than one (1) coin-operated amusement device.
5. An amusement arcade must maintain and operate high definition video surveillance recording devices that monitor and record the portions of the licensed premises used for coin-operated amusement devices, and must maintain all recordings from such devices for a minimum of thirty (30) calendar days.
6. An amusement arcade must provide sufficient security measures to effectively regulate disturbing noise and light, loud conversations and criminal activities. During all hours of operation, amusement arcades shall have on duty at least one (1) adult owner or manager who shall be responsible for, and shall supervise, all activities on the premises to insure compliance with the provisions of this chapter and other applicable laws, and that there is no conduct on the part of the licensee's customers, employees or other persons on the licensed premises that is detrimental to the public health, safety and general welfare. As a condition of issuing or continuing in effect any license issued under this chapter, the Village Manager may require additional attendants if it finds that adequate supervision cannot be maintained by one (1) person.
(MC-7-2018, Amended, 10/16/2018; MC-12-2009, Added, 11/03/2009)