A. License required. No person shall operate or maintain any amusement device for public use within the Village, either as a principal activity, or incidental to a principal activity, without first obtaining a license in accordance with the provisions of this section and paying the required fee.
B. Term of license. Except as provided in section 5.12.030 of this chapter, no amusement device shall be licensed to operate for more than seven days in any calendar year. The seven days may occur either consecutively, or as a cumulative total of days occurring at any time during the year.
C. Application. Application for an amusement device license shall be made upon a form to be provided by the Village, and such application shall state:
1. The name and address of the applicant;
2. A detailed description of the nature of the amusement device, including how it operates and whether it dispenses any gift, toy, token, coin or other item;
3. The proposed location of the amusement device;
4. The principal business of the establishment in which the amusement device will be located;
5. The proposed charge, if any, for the use or operation of such amusement device;
6. The hours of business of the establishment in which the amusement device will be located;
7. The period of time for which the license is desired, including the beginning and ending dates;
8. A statement of whether operation of the amusement device will be supervised by a manager or agent, and the name, address and date of birth of any such manager or agent;
9. A statement of personal history of the supervising manager or agent; and
10. Such other information as the Village Manager may reasonably require.
D. Qualifications. The Village Manager shall investigate the information required on the application and determine if the premises designated by the applicant as the location for the operation of the amusement device complies with the provisions of the zoning ordinance, Title 17 of this Code. The Village Manager may cause an investigation to be made into the applicant's qualifications and satisfy himself or herself that the applicant's character and other qualities of general fitness are such as to warrant belief that the applicant's amusement devices will be operated lawfully and in a manner calculated to protect the health, safety, morals and general well-being of the public.
E. Bonds and Insurance. Before any license for an amusement device shall be issued, the applicant shall furnish a duplicate policy or certificate of insurance issued by an insurance company authorized to do business in the state of Illinois to be approved by the Village Manager. The insurance policy shall provide that the insurer will pay all final judgments recovered against such applicant for any injury to or death of any person or injury to property resulting from the operation of any amusement device, in such sum or sums as the Village Manager with the approval of the Village Treasurer shall reasonably find to be appropriate for the risk of injury to person or property created by such operation.
Each such duplicate policy or certificate of insurance required in this chapter shall provide that suit may be brought in any court of competent jurisdiction upon such insurance policy by the owner of any such judgment and shall contain a description of each amusement device, giving the manufacturer's name, if applicable, and shall provide that such insurance policy shall not be cancelled by the company issuing the same without ten (10) days' notice of such cancellation in writing to the Village by registered mail.
In lieu of the duplicate policies or certificates of insurance required in this chapter, the applicant may furnish bonds, to be approved by the Village Manager. The amount of such bonds shall be the same as the amounts of the insurance policies set forth in this chapter and conditions for payment of the bonds shall be the same as those contained in the insurance policies set forth in this chapter. Such bonds shall contain all of the other provisions and conditions set forth in this chapter and required in the insurance policies.
The applicant shall, while any license under this chapter is in force, maintain the full insurance or bond covered provided in this chapter. Whenever the obligation provided for in any such insurance policy or bond shall cease or be determined, then such license shall also cease to be in force and effect.
F. Amusement Device Regulations. All holders of an amusement device license shall comply with the following regulations:
1. The license issued pursuant to this section shall be affixed to or displayed in a conspicuous place upon the amusement device or within the premises for which it was issued;
2. It shall be unlawful for any person to conduct or operate, for public use within the Village, any amusement device between the hours of twelve midnight and seven a.m.; and
3. It shall be unlawful for any person to conduct or operate an amusement device, or permit the patrons of the same, to make such loud or boisterous noises as to disturb the peace of any person in the neighborhood, or to permit the apparatus for such amusement device to be used in such a manner as to disturb the peace of any person in the neighborhood.
(MC-7-2018, Amended, 10/16/2018; MC-12-2009, Amended, 11/03/2009; Ord. MC-185-97 §§ 1, 2, 1997; prior code § 32.13)