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
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(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