A. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings and be construed in accordance with the definitions set forth in this section:
"Coin-operated musical device" means any coin-operated device which, upon the insertion of a coin, slug, token, plate or disc into the device itself or into one or more separate devices located on the same premises and connected by wires to a central device, may be operated by the general public for the selection and playing of an audio recording of music for listening purposes only. The audio recording of music played by such device may be in any medium, including phonograph records, audio tapes and compact discs; provided that, the medium does not also include a video performance or video recording of any kind. "Coin-operated musical device" includes juke boxes and any other similar device.
"Restaurant" means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, at tables, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed in such space a sufficient number and kind of employees to prepare, cook and serve to its customers or guests, complete meals, including dinner or luncheon meals, at which the service of alcoholic beverages is incidental and complementary to the service of such meals. No premises containing a bar or counter at which patrons may be served is included under this definition, nor are limited food establishments, including luncheonettes, lounges, diners, drive-ins, or self-service or carry-out establishments.
B. License and Other Conditions of Operation. No person or entity shall operate or maintain a coin-operated musical device for public use unless such use is incidental to the operation of a restaurant by the person or entity pursuant to a valid license, and unless the person or entity obtains a license to operate or maintain the coin-operated musical device and otherwise complies with the requirements of this chapter.
C. Application. Any application for a license under this chapter shall be made upon forms to be provided by the Village. The application shall state:
1. The name and address of the applicant;
2. The nature and description of the coin-operated musical device, including the model and serial numbers;
3. The name and location of the principal business at which the coin-operated musical device will be located and operated;
4. The hours during which the applicant proposes to operate the coin-operated musical device; and
5. The license number of the current, valid license authorizing the applicant to operate the principal business, and the license number of any current Class A liquor license applicable to the principal business.
D. 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 issue, unless the applicant has first paid the license fee required by this chapter.
E. 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.
F. 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.
G. Display of License. Any license issued under the provisions of this chapter shall be affixed to or displayed in a conspicuous place upon the coin-operated musical device for which it was issued.
H. Hours of Operation. It is unlawful for any person or entity to operate a coin-operated musical device licensed under the provisions of this chapter between the hours of twelve midnight and seven a.m.
I. Noise Regulations. It is unlawful for any person or entity to operate, or to permit patrons to operate, a coin-operated musical device using outdoor speakers or amplifiers, or to operate, or to permit patrons to operate, a coin-operated musical device so as to allow music from the device to emanate outside of the premises or so as to disturb the peace of any person outside the premises. (Prior code § 32.18)
(MC-3-2013, Amended, 8/20/2013)