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Ordinance 1978-04 f ORDINANCE NO. — g AN ORDINANCE TO LICENSE AND REGULATE AMUSEMENT DEVICES, BILLIARD PARLORS AND PINBALL MACHINES IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS . WHEREAS, The United City of the Village of Yorkville has prohibited amusement devices within the United City of the Village of Yorkville, commonly known as pinball machines, and WHEREAS, The City Council has reconsidered its decision, and does not consider such devices malum per se, but does recognize the need for regulation of the use of such devices. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of the Village of Yorkville, as follows : Section 1. DEFINITIONS (a) "Pinball" , shall mean a game played with any number of balls or spheres upon a table or board having holes, pockets or cups into which such balls or spheres may drop or become lodged, in having arches, pins and springs, or any of them, to control, deflect, or impede the direction or speed of the ball or spheres in motion by the player. (b) "Mechanical Amusement Device" , shall mean any machine which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skillball, mechanical grab machines, pistol ranges, baseball games, bowling games, tennis games, and any and all devices referred to as arcade equipment, and all games and opera- DOLDSMITH, THELIN, $CHILLER & DICKSON ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60507 P. 0. BOX 1485 AREA CODE 312-859-3300 , / tions similar thereto under whatever name they may be indicated. It shall also include those amusements operated by remote control , whether or not actuated by insertion of a coin. For purposes of this section, the term "mechanical amusement devices" shall not include mechanical devices commonly known as "kiddie rides" , or 11carnival amusement rides" designated for child or adult amusement rides or music machines. Section 2 . LICENSE REQUIRED No person, firm or corporation shall operate, maintain, or conduct a billiard table, pool table or pinball machine or amusement device open to public without first having obtained a license therefore, as herein provided. All application for such licenses shall be made to the City Clerk, and shall state thereon the intended location of the place of business and the number of tables , pinball machines or amusement devices to be used therein. Section 3. APPROVAL OF APPLICATIONS BY THE CITY COUNCIL; ISSUANCE AND RENEWAL THEREOF The application for license required by this Article when filed, shall be referred to the City Council , which shall issue or cause to be issued, to such applicant, a license author- izing the keeping, conducting or operating of such billiard, pool table, or pinball machines, as the case may be, at the place described in such application, for and during the term of such license. A license shall not issue, however, to the following person or persons : (1) A person who has been convicted or a felony under the laws of the State of Illinois; (2) A person whose license issued under this Article has been revoked for good cause; GOLDSMITH, THELIN, SCHILLER & DICKSON page -2- ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60507 P. 0. BOX 1485 AREA CODE 312-859.3300 } (3) A person who at time of application for renewal of any license issued under this Article, would not be eligible for such license upon first appli- cation; (4) A partnership, unless all of the members of such partnership shall be qualified to obtain a license; (5) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; (6) A person who does not own the premises for such a license unless said person has valid lease for the full period for which the license is to be issued; (7) A person who has been convicted of any crime or misdemeanor involving moral turpitude. Section 5. LICENSE FEE The annual fee for any license required by this Article shall be Ten Dollars ($10. 00) for each table, machine, or mechanical amusement device. Section 6 . PARTIAL FEE If at the time application is made for a license required by this Article for less than six (6) months of the current license year shall have expired, the full fee shall be charged for any such pool table, billiard table, such pinball machines or amusement devices. If more than six (6) months of such current year shall have expired, the license fee for one-half the full fee shall be charged for such billiard table, pool table, pinball machine, or such mechanical amusement device for such portion of the current license year that shall remain unexpired. Section 7. LOCATION OF PREMISES In accordance with the provisions of the zoning ordinance of the United City of the Village of Yorkville, under no circumstances GOLDSMITH, THELIN, SCHILLER & DICKSON page -3- ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60507 P. O. BOX 1485 AREA CODE 312-859.3300 y shall a license be issued for the operation of any billiard table, pool table, pinball machine or mechanical amusement device business, unless such parlor or business is located in a B-2 general business district, or B-3 service business district classification. Section 8 . HOURS OF OPERATION All places of business licensed under this article, with the exception of those places holding liquor licenses, shall be closed, and kept closed each night, from 12 : 00 mid- night, until 8: 00 a.m. the following morning. Section 9. MINORS PROHIBITED Minors under the age of 18 shall not under any cir- cumstances, frequent, loiter, or go or remain in a place licensed hereunder for the sale of liquor. It shall be unlawful for the proprietor or manager of such place so licensed for the sale of liquor, to allow or permit these minors to frequent or loiter, or remain within the premises or designated area in which said pinball machines , amusement devices or billiard tables are located. Section 10. REVOCATION OF LICENSE The Mayor may revoke or suspend any license issued by the City Council if the Mayor determines the licensee has violated any of the provisions of this Ordinance or is convicted of a felony or any crime or misdemeanor involving moral turpitude. However, no such license shall be sold, revoked or suspended except after a public hearing by the Mayor with a three (3) day GOLDSMITH, THELIN, SCHILLER & DICKSON page -4- ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60507 P. O. BOX 1485 AREA CODE 312-859.3300 written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the Mayor shall reduce all evidence to writing and shall maintain an official record of the proceedings . If the Mayor has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he may, upon the issuance of a written order, stating the reason for such conclusion, and without notice or hearing, order the licensed premises closed for not more than seven (7) days, except that if such licensee shall also be engaged in the conduct of another business or businesses on a licensed premises, such order shall not be applicable to such other business or businesses. All orders of suspension or revocation by the Mayor and following hearing shall, within five (5) days from the date of entry of such order, be served upon the licensee. All orders of the Mayor regarding suspension or revocation of a license shall be appealable to the Circuit Court or such other court as provided by law. Section 11 . MANUFACTURERS OR DISTRIBUTORS No manufacturer or distributor, or any other person, shall sell , lease, supply or deliver any billiard table or pool table, pinball machine or amusement device to any premises within the City unless the owner or lessee thereof, shall first obtain and display to the manufacturer or distributor, a current, valid City license for such table or machine, or mechanical amusement device. GOLDSMITH, THELIN, SCHILLER & DICKSON page -5- ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60507 P. O. BOX 1485 AREA CODE 312-859-3300 / , Section 12 . REPEAL OF INCONSISTENT ORDINANCES This Ordinance shall take effect from and after its passage and publication according to law, and shall repeal all prior ordinances, or part thereof only insofar as the same are consistent with valid provisions of this Ordinance. PASSED this 7 day of 1978. City Clbrk APPROVED this day of 'ZC � 1978 . ayo OLDSMITH, 'THELIN, SCHILLER & DICKSON page _6_ ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60507 P. O. BOX 1485 AREA CODE 312-859.3300