36.01 PURPOSE

36.02 DEFINITIONS

36.03 LICENSE

36.04 INSPECTIONS

36.05 PROHIBITIONS AND RESTRICTIONS

36.06 EXCEPTIONS

36.07 PENALTY

36.01 PURPOSE

Mechanical and electronic amusement devices shall be licensed and regulated for the general welfare of the residents.

36.02 DEFINITIONS

(a) As used herein, mechanical amusement device shall mean any machine or device, mechanical or electronic, containing no automatic payoff device, which may, on insertion of coin, slug or card, operate or be operated or used as a game or contest, and which is so constructed that it may not be converted into an automatic payoff device, for the return or discharge of money, tokens, or coins, or merchandise, or which provides no such payoff by any means whatsoever. The term mechanical amusement device shall also mean any machine or device, mechanical or electronic described in preceding sentence, which is operated without the necessity of inserting a coin or card to make it operate, but for which an admission is charged to use the machine or device or to enter the room(s) where the machine or device is located in order to use the machine or device.

(b) Person includes any natural person, or association of persons, or other legal entity.

36.03 LICENSE

It shall be unlawful for any person to establish, maintain, control or operate within the Village mechanical amusement device, as defined in this chapter, without having procured a license.

(a) Person required to obtain a license. The "person" required to obtain a license is the owner or lessee of the premises who is, or should be, in control and/or supervision of any mechanical amusement devices located on the premises; it is the person who is directly, or should be directly, supervising the day-to-day operation of the establishment. The owner and/or lessee of the premises, and the owner(s) and lessee(s) of each mechanical amusement device shall be construed as establishing, maintaining, controlling or operating any mechanical amusement device if no license has been procured, but the owner(s) and lessee(s) shall be relieved of that responsibility and the effect of this subsection if, and only if, the person in charge and responsible for obtaining a license as defined herein, has actually obtained a license.

(b) Application. Application for a license to operate mechanical amusement devices shall be made to the Village Clerk, in writing, and verified, on a form such as may be determined by the Village Clerk, and shall contain the following information:

1. Name and address of applicant; if applicant is other than a natural person, then the nature of the entity and the names and addresses of all those having an ownership interest in the entity.

2. Address of proposed establishment where licensed activity will be maintained.

3. Number of mechanical amusement devices to be operated in the licensed establishment.

4. Age of applicant or applicants.

5. Length of applicant's residence within this State.

6. Whether applicant has ever been convicted of any crime involving moral turpitude.

(c) Proof of Insurance. Before the issuance of a license, the applicant shall secure and file with the Village Clerk Certificates of Proof of Insurance providing the single limits public general of at least Three Hundred Thousand Dollars ($300,000.00) per person and certificates or renewals thereof shall provide that the Village shall be notified upon discontinuance or alteration of any such insurance coverage for any reason.

(d) Check of Any Criminal Record. Each applicant or applicants shall have taken a complete set of fingerprints which shall be placed on file in the noncriminal files of the Village. The Village Clerk shall submit the fingerprints to the appropriate police authorities for a check of any criminal record of any applicant. The Clerk shall report to the Village Council the results of the inquiry. No license shall be granted to any person who has been convicted of a crime involving moral turpitude.

(e) Restriction.

1. Age. No license shall be granted to any person under eighteen (18) years of age.

2. Residence. No license shall be granted to any person who has not resided with this State for a period of at least one (1) year prior to application for a license.

3. Restrictions on Licenses. No license shall be issued to establish, maintain, control or operate an amusement device, unless the establishment:

A. Liquor Licence. Has a Class "C" Liquor License issued in good standing, in which case a maximum of five (5) mechanical amusement devices will be allowed.

B. Shopping Mall. Is located in an enclosed shopping mall, does not have any public entrances or exits directly to the outside of the shopping mall, has a full-time adult attendant, and has a uniformed security guard in attendance in the shopping mall at all times the establishment is open, in which case a maximum of five (5) mechanical amusement devices will be allowed.

C. Other Establishment. Is located within a B-1 or B-2 Zone District, in which case a maximum of two (2) mechanical amusement devices will be allowed.

4. Restrictions on Devices. No establishment shall be permitted more than two (2) mechanical amusement devices.

(f) Fee. A license fee as set by the resolution of the Village Council for each mechanical amusement device to be maintained in the establishment of the applicant shall be paid, to cover the cost of inspection, issuance and administration of the license.

(g) Grant of License. The Village Clerk, upon receiving an application and required information and documents in a form in compliance with this chapter, shall submit the same to the Village Council at a meeting within twenty (20) days.

1. Requirements for Approval. The Village Council shall approve a license if it finds that:

A. The applicant has met all of the requirements for a license set forth in this chapter.

B. The proposed operations would be in compliance with the Village Zoning Ordinance.

C. The business establishment, for which a license is requested, would not be a place for loitering.

D. There is not the likelihood, based upon the particular facts and circumstances involved with the application, of the establishment becoming a public nuisance or otherwise being in violation of provisions of this chapter because of hours of operation, the physical location of the mechanical amusement devices in the place of business, the location of the business establishment in the community or the nature of the business.

2. Conditions and Prohibitions. In granting approval, the Village Council may set conditions and prohibitions for the issuance of the license.

3. Duration and Form. Once a license is approved by the Village Council, the Village Clerk shall issue the license for a term of one (1) year in a form to be determined by the Village Clerk. In addition, the following shall pertain to licenses issued by the Clerk.

A. Content. Such license shall contain the name, address, place of business of the licensee and the number of mechanical amusement devices to be maintained at said place of business, and expiration date of such license.

B. Authentication. Each license shall be authenticated by the signature of the Village Clerk.

4. Display. The license and a list of the applicable prohibitions of this chapter and the prohibitions and/or conditions of the issuance of the license, shall be prominently displayed at all times within the establishment.

(h) Renewal. Any license issued in accordance with this section may be renewed upon the same terms and subject to the same requirements provided herein for the original license. If the licensee desires to effect a change of place of business, a new application shall be made by the licensee containing the place of new location. Such application need not contain other information furnished for the license then effective.

(i) Non-transferable. No license issued pursuant to this chapter shall be assignable or transferable, nor shall any person, expecting the person to which the license was issued, be permitted to do business there under either directly or indirectly.

(j) Revocation or suspension.

1. Basis for such action. Every license may be revoked for violation of any of the prohibitions of this chapter.

2. Written notice. If there are violations, the Clerk shall forward by first-class mail to the licensee, at the address specified in the application, whether the license has been temporarily revoked and the nature of the violations, along with notice of the date, time and location of a hearing to be held on such violations.

3. Hearing. The hearing shall be held within fourteen (14) days from mailing of such notice. The Village Council may act as the hearing officer, or may appoint some other hearing officer. Following the hearing, the hearing officer shall determine whether or not a violation of this chapter has occurred, and if so, what penalty shall be invoked.

A. Penalty. The hearing officer may revoke or suspend any license issued under this provision for any violation of this chapter or State law.

B. Costs. In the event a violation shall have occurred, the hearing officer may assess costs as administrative expense, fees for the hearing officer and any other expenses incurred in the hearing.

36.04 INSPECTIONS

The establishment of any licensee shall be subject to periodic inspections by the Village for the purpose of determining whether its operation is in compliance with this and other Village Ordinance Code provisions.

36.05 PROHIBITIONS AND RESTRICTIONS

(a) Gambling or Intoxicating Beverages. It shall be unlawful to permit any gambling or intoxicating beverages in any establishment in which there are maintained any mechanical amusement devices, except intoxicating beverages may be allowed in establishments holding a liquor license issued by the State of Michigan.

(b) Pay-offs. It shall be unlawful for any person to establish, maintain, control or operate any mechanical amusement device or any slot machine or other type of machine containing any automatic or semi-automatic payoff device, or which shall be so constructed that the same may be converted into an automatic payoff device, for the return or discharge of coins, tokens, slugs, merchandise, or checks to operators thereof.

(c) Public Nuisance. It shall be unlawful to operate mechanical amusement devices so as to constitute a public nuisance.

(d) Disorder. It shall be unlawful for the licensee to allow any disorder to occur on the premises.

(e) Overcrowding. It shall be unlawful for the licensee to allow the licensed premises to become overcrowded so as to constitute a hazard to the health or safety of persons therein.

(f) Hours of Operation.

1. Establishments with liquor license. In the case of establishments holding a liquor license issued by the State of Michigan, the hours may be as allowed by said liquor license and the State law.

2. Other Establishments. It shall be unlawful to operate any establishment in which there are operated any mechanical amusement devices, except during the following hours:

Monday Through Thursday: 7:30 A.M. to Midnight

Friday and Saturday 7:30 A.M. to 1:00 A. M.

Sunday: 12 Noon to Midnight

(g) No coin operated amusement device shall display, expose, produce or emit any motion picture, printed matter, advertisement, writing, song, recitation, speech, music or other matter which depict or describe nudity, which means uncovered, or less than completely and opaquely covered human genitals, pubic regions, buttocks, and human female breasts below a point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. For the purpose of this definition a female breast is considered uncovered if the nipple only or the nipple and areola only are covered; nor, shall such device(s) depict or describe;

1. Sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation or any other act by a person involving the touching or contacting of the genitals or any sexual acts which are prohibited by law.

2. The touching, caressing or fondling of the breast, buttocks, pubic region or genitals or the stimulation thereof by any device, tool, implement or object.

3. The actual or simulated displaying or exposure or simulations of the pubic hair, pubic region, anus, vulva or genitals of human, brutes, beasts or animals.

4. The exposure of the post-pubertal female breast. For the purpose of subsection, a female breast is considered exposed if any portion of the breast, below a line immediately above the top of the areola, is exposed.

5. Scenes wherein artificial devices or inanimate objects are employed to depict any of the prohibited activities described.

36.06 EXCEPTIONS

License Requirement. No license is required for the operation of any mechanical amusement device in a private home, public institution, church or clubhouse of any legally incorporated association the use of which is confined to members only of such association, and is incidental to its principal activities.

36.07 PENALTY

All violations of this ordinance shall be misdemeanors and upon conviction thereof shall be punishable by a sentence of not more than ninety (90) days of confinement to jail or by a fine of not more than Five Hundred Dollars ($500.0) or both in the discretion of the court, except where otherwise provided in the ordinance itself.