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HomeMy WebLinkAboutORDINANCE - 1143 - 5/24/1977 - LICENSING/COIN OPERATED AMUSE. CENTERSORDINANCE NO. `111723 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF COIN OPERATED AMUSEMENT CENTERS WHEREAS, the Chief of Police of the Village of Elk Grove Village has represented to the President and Board of Trustees that there are certain persons, firms or corporations presently operating, or planning to or are desirous of operating coin operated amusement centers as herein defined within the Village; and WHEREAS, the Chief of Police has caused an inspection to be made of such coin operated amusement centers both within the Village and iri adjacent and neighboring municipalities; and WHEREAS, as a result of said inspection, the Chief of Police has reported incidents of public nuisances, pedestrian traffic obstruction, unlawful congregation and such other activity, the reasonable regulation thereof is necessary and vital to the health, safety and welfare of the Village; and WHEREAS, after having reviewed the report and recommendation of said Chief of Police, the President and Board of Trustees find and believe it to be in the best interests of the Village that coin operated amusement centers be regulated and, therefore, licensed. NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Cook and Du Page Counties, as follows: Section 1: That Chapter 18, Licenses and Permits, of the Municipal Code of the Village of Elk Grove Village, be and the same is hereby amended by adding thereto the following: �. Coin Operated Amusement Centers. Section 18.5001. Definitions. "Coin Operated Amusement Center" shall mean any place which has more than five_ coin operated amusement devices' located on the premises. "Coin Operated Amusement Device" shall mean all coin, token or slug operated machines used by the public as a game, entertainment or amusement, pasttime or contest, and shall include those devices commonly known as (a) pinball games; (b) y woes; (c) rifle games; (d) baseball games; (e) Slee -ball games; (f) movie or video booths or stands; and, (g) all games, operations or transactions similar to the above listed items by whatever name known, and providing that these devices DO NOT have any of the following characteristics: (a) classification of the device by the Internal Revenue Service as one requiring the payment to the Federal Government of a gaming device tax; (b) presence F of any equipment which allows accumulation of 10 or more credits, replays, or free plays; and, (c) presence of a "knock -off circuit" for the releasing and recording of credits, replays, or free plays, except for that circuitry required for normal game operations. 18.50 02. License Required. It shall be unlawful for any person, firm, or corporation to operate a coin operated amusement center either by himself or through an agent, employee or partner, without first having obtained a license as is herein provided. 18.50 03. Application. An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to applications for licenses. Such application shall also state the number and description of the coin operated amusement devices intended to be kept for use on the premises. 18.50 04. Restrictions. No such license shall be issued to: 1. A person who is not of good character and reputation in the community in which he resides. 2. A person who is not a citizen of the United States. 3. A person who has been convicted of a felony under any Federal or State law. 4. A person who has been convicted of being the keeper of or is the keeper of a house of ill fame. 5. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality. 6. A person whose license issued under this Chapter has been revoked for cause. 7. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license under a first application. 8. A co -partnership, unless all the members of such co -partnership shall be qualified to receive a license. 9. A corporation, if any officer, manager, or director thereof, or stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the Village. 10. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee. 11. A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued. - 2 - 18. 5005. Regulations. A. It shall be unlawful for.any coin operated amusement center to be open to the public at any time other than the following: ;Sunday through Thursday Friday and Saturday 9:00 a.m. to 12:00 Midnight 9:00 a.m. to 1:00 a.m. B. It shall be unlawful to permit gambling on the premises. Any licensee hereunder who observes any gambling on the part of its patrons, or has reasonable grounds to suspect that gambling is taking place, shall immediately cause the removal from the premises of such persons as are involved in the gambling activity. C. An attendant shall be on the premises at all times in which the business is open to the public and shall be in such a position as to have a clear view of all of the amusement devices and activity taking place on the premises. D. It shall be unlawful for the licensee hereunder to permit such noise, either by mechanical means or noise on the part of the patrons which shall cause a disturbance to the adjacent and surrounding uses as would cause the normal operation of said businesses to be damaged or unreasonably disturbed. E. The licensee shall cause the premises to remain in a clean and sanitary condition at all times and shall place such waste receptacles in and around the premises so as to accomplish the above. F. A licensee shall provide adequate and orderly parking for all bicycles and shall keep the storefront unobstructed so that the sidewalks are clear and open to pedestrian traffic. G. It shall be unlawful to permit the sale of cigarettes on the premises. H. No coin operated amusement center shall be located within 300 feet of any church, school or liquor store. I. It shall be unlawful for any licensee to permit any individual under the influence of alcohol or drugs on the premises. Any licensee who observes any individual on the premises who is under the influence of alcohol or drugs or who reasonably suspects such persons to be under such influence, shall immediately cause the removal of said person or persons from the premises. J. Reporting a Disturbance of the Peace. All licensees hereunder shall have the affirmative duty to report to the Police Department any and all incidences of a "disturbance of the peace" as defined and regulated in this Municipal Code, and which takes place within the licensed premises or outside the premises within 100 feet from the entrance, whether personally observed, or upon complaint of adjacent businesses or residents, immediately upon observation or notification. Failure to report to the police as herein provided shall be deemed sufficient cause to revoke the license issued hereunder. 18.5006. Inspection. The Chief of Police or his designated agent shall make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances relating thereto, and is hereby given the power to enter or to authorize any law enforcing an officer to enter at any time upon the premises to effectuate same. - 3 - 18. 5007. Suspension. In addition to any other penalties as are hereinafter provided, the Village Manager shall have the authority to suspend for cause any license issued hereunder up to a period of two weeks when he has received evidence of the violation by the licensee of any of the regulations above set forth and has reasonably ascertained the truthfulness of said evidence by any means available to him. Any licensee who is notified of any such suspension as is herein provided, shall immediately upon notification forfeit the license issued hereunder to the Village Manager for the duration of the suspension period and shall cease to operate business during said time. Upon the termination of the suspension period, the license shall be forthwith delivered to the licensee. 18.5008. Revocation. Any licensee hereunder who is found to be unqualified to hold such license due to a failure to meet any of the restrictions set forth in Section 18.4904 or continually violates any of the provisions of this Article, or whose license has been suspended for cause as provided above two or more times, shall be subject to having his license revoked by the President and Board of Trustees. Upon the occurrence of any of the above, the President and Board of Trustees or designated agent shall cause a notice to be sent to the licensee for a hearing to determine cause as to whether said license should be revoked, said hearing to be held within 10 days, but no sooner than three days from the receipt thereof. Said notice shall set forth the nature of the hearing and shall contain such information as is necessary to reasonably inform the licensee of those violations for which he is being charged and shall further set forth the time, date and location of said hearing. The licensee will be given an opportunity to present such testimony and evidence in his own behalf as he deems necessary. Upon the completion of said hearing, the President and Board of Trustees shall determine whether sufficient cause has been shown which would require the revocation of said license and shall withinfive days from the date of the hearing inform the licensee in writing if their determination results in a revocation. Section 2: That Article III, Fees, of Chapter 18, of the Municipal Code, be and the same is hereby amended by adding thereto the following: Type of Business Annual Fee Unless Otherwise Indicated Coin Operated Amusement Center $ 250.00 plus $35.00 for each machine Section 3: That the present Article L, Enforcement Provisions, shall and same is hereby renumbered to be Article LI and shall be applicable to the provisions, regulations and requirements of coin operated amusement centers. Section 4: That any person, firm or corporation violating any of the provisions of this Ordinance shall be subject to a fine of not less than Twenty Five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. - 4 - hereby authorized to publish The Village Clerk is form. clause, Phrase in pamPhlet sentencer this ordinanceI£ any section, subsection, ason held invalid or Sects is for any re such Portion of this Ordinance urisdiction, or Portion of competent 7 ion; and court ent Provision; titutional by any tinct and indePend Portion uncons sepaxate, distinct. of the remaining P e deemed a the validity shall b affect such holding shall not effect in full force and thereof. Ordinance shall be ding to That this cation taccording Sec' approval and publi from and at its Passage, law. VOTES: AYES:_ -= NAYS: ABSENT: ATTEST: APPROVED: Charles J. Zettek VILLAGE PRESIDENT b Fay Bisk hop, Deputy Cler Eleanor G. Turner Y VILLAGE CLERY` May 24th day Of May PASSED this _ ---- 24th day °f day of APPROVED this filet form this Ist PULBI5HED in FamP in the Elk Grove Herald. 5 June 19,77- 1977. 9771977. 1977