Chapter 5.15 AMUSEMENTS

“Coin-operated amusement device” means any machine or device commercially used, which has to be plugged in or energized by electricity, which, upon the insertion of a coin, slug, token, plate or disc or by the payment of any price may be operated for use as entertainment or amusement, including, but not limited to, pinball machines and all other electronic amusement devices. [Ord. 732, 1976; Ord. 1066, 1997. Code 1983 § 9-16. Code 2000 § 112.01].

5.15.020 Gambling devices.

Nothing in this article shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device in this state or which is contrary to law. [Ord. 732, 1976. Code 1983 § 9-17. Code 2000 § 112.02].

5.15.030 Maintenance – Identification – Refunds.

(A) No person shall permit a coin-operated amusement device to be maintained for use or operated or receive coins without discharging them when they are not in proper working order.

The person in charge of as well as the owner of such coin-operated amusement devices shall be responsible for maintaining or operating or causing to be maintained any such device which is out of order. No person holding a license under this article shall display or offer any coin-operated amusement device unless it is safely constructed and in good working order before it is offered to the public. Such devices shall be kept in good and safe condition for the purposes for which they are to be used.

(B) A placard shall be placed on every such device in a conspicuous place, which shall contain the name of the owner and the person in charge of such device. [Ord. 732, 1976. Code 1983 § 9-18; Code 2000 § 112.03].

Penalty, see HMC 5.15.200.

5.15.040 Location restrictions.

No person shall permit the playing of any coin-operated amusement device within 400 feet of any church, public or parochial school or playground. [Ord. 732, 1976. Code 1983 § 9-19; Code 2000 § 112.04].

Penalty, see HMC 5.15.200.

5.15.050 Disturbing the peace and quiet.

No person holding a license under this article shall permit coin-operated amusement devices to be operated to constitute a nuisance or to disturb the peace and quiet of other persons in the vicinity of the premises where they are operated. [Ord. 732, 1976. Code 1983 § 9-20; Code 2000 § 112.05].

Penalty, see HMC 5.15.200.

5.15.060 License required.

It shall be unlawful for any person within the town to display or keep for operation any coin-operated amusement device without first obtaining a license from the town. [Ord. 732, 1976. Code 1983 § 9-31; Code 2000 § 112.06].

Penalty, see HMC 5.15.200.

5.15.070 Persons eligible.

No person under 21 years of age or any person who is an alien shall be issued a license under this article. [Ord. 732, 1976. Code 1983 § 9-32; Code 2000 § 112.07].

Penalty, see HMC 5.15.200.

5.15.080 Application for license.

The application for a license under this article shall be made in duplicate to the clerk-treasurer upon forms to be supplied by him for that purpose. The application shall be verified by the owner of the device, and shall state the place where the device is to be displayed or operated, the business conducted at that place, a description of the device to be covered by the license, giving the mechanical features, the name of the manufacturer and serial number, the employment or business of the applicant during the previous five years, whether the applicant was ever convicted of a crime and the records thereof and the true name of each owner and part owner and each person who shares in the profits and income. [Ord. 732, 1976. Code 1983 § 9-33. Code 2000 § 112.08].

5.15.090 Investigation and issuance.

(A) One copy of the application for a license under this article shall be referred to the chief of police, who shall investigate the license applicant and the location where it is proposed to operate such device, and either approve or disapprove the application. The chief of police shall approve the application only if the applicant has not been convicted of a crime or ordinance violation having a reasonable relationship to his fitness to carry on the licensed business.

(B) The electrical inspector shall annually inspect all wiring and connections to the device to determine if the same is safe or complies with the electrical code. He shall either approve or disapprove the application. The electrical inspector shall be paid $5.00 from the fees collected under HMC 5.15.100 for each device.

(C) Upon compliance with all necessary conditions by the applicant for a license under this article, the clerk-treasurer shall issue a license for each coin-operated amusement device. [Ord. 732, 1976; Ord. 732A, 1977; Ord. 732E-1, 1984; Ord. 1066, 1997. Code 1983 § 9-34. Code 2000 § 112.09].

5.15.100 License fee.

(A) Every applicant before being granted a license shall pay the following annual license fee for the privilege of operating or maintaining for operation each coin-operated amusement device:

(1) Pool tables (both coin-operated and non-coin-operated): $60.00.

(2) Jukeboxes, per machine: $70.00.

(3) All other coin-operated amusement devices not regulated by this chapter as hereinafter provided, e.g., pinball machine: $70.00.

(B) The initial license fee shall be paid in advance. All applicants applying between January 1st and June 30th of any calendar year shall pay the entire annual fee as the initial fee. All applicants applying between July 1st and December 31st of any calendar year shall pay one-half the annual fee as the initial fee. Thereafter the annual renewal fee shall be due on January 1st of each successive year, payable by February 15th of each year. [Ord. 732, 1976; Ord. 732C, 1981; Ord. 732E, 1983; Ord. 1066, 1997. Code 1983 § 9-35. Code 2000 § 112.10].

5.15.110 Display, transfer, and the like.

(A) Each coin-operated amusement device licensed under this article shall contain suitable identification marks and numbers and a card certifying to the issuance of a license for each device shall be affixed and be plainly visible or be posted permanently and conspicuously at the location of the device in the premises wherein it is to be operated or maintained.

(B) Such license shall be transferable from one coin-operated amusement device to another similar device upon applying to the clerk-treasurer to such effect and the giving of a description and the serial number of the new device. Not more than one device shall be operated under one license and the applicant or licensee shall be required to obtain a license for each and every one displayed or operated by him.

(C) If the licensee shall move his place of business to another location within the town, the license may be transferred to such new location upon application to the clerk-treasurer, giving the street number of the new location. The new location shall be approved by the chief of police and the town electrical inspector in the same manner as provided for in HMC 5.15.090. [Ord. 732, 1976. Code 1983 § 9-36; Code 2000 § 112.11].

Penalty, see HMC 5.15.200.

Article II. Amusement Centers and Arcades

5.15.120 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Amusement device” means a machine or device, generally coin-operated, which operates or may be operated for use as a game, contest or amusement of any description, and sometimes incorporating either electromechanical devices or electronic video display operations; provided, however, that coin-operated musical devices, rides, pinball machines, and other vending machines are excluded from this definition.

“Coin-operated amusement center” means an establishment engaged in providing amusement or entertainment through or by the use of amusement devices, and containing five or more such amusement devices.

“Pool hall” or “billiard establishment” means a business in which any of several games played on an oblong table surrounded by an elastic ledge or cushions, with balls impelled by a cue, in which pool tables can be either coin-operated and non-coin-operated. [Ord. 732D, 1983; Ord. 1131, 2000. Code 1983 § 9-38. Code 2000 § 112.20].

5.15.130 Number of devices permitted – Additional requirements for accessory uses – Location requirements.

(A) The number of devices permitted in any business establishment shall be limited to five, unless a special exception permit for an amusement center with amusement devices as a main or accessory use has been granted by the town’s board of zoning appeals in conformance with the pertinent provisions of the town zoning code relating to special exception permits. A special exception permit shall not be required for any business establishment in existence on the effective date of the ordinance codified in this chapter with five devices or more; provided, however, that if said business establishment increases the number of devices on its business premises after the effective date of the ordinance codified in this chapter, then a special exception permit for an amusement center with amusement devices has to be granted by the town’s board of zoning appeals and in conformance with the pertinent provisions of the town zoning code relating to special exception permits.

(B) In its review and consideration of any application for a special exception permit for amusement devices, the town’s board of zoning appeals, in addition to the conditions for approval generally contained in the town zoning code, shall determine whether the proposed use detracts from or interferes with the normal and customary operation of the main use.

(C) Amusement devices shall be located on a business premises in such a manner so as not to impair ingress or egress to the premises and so as not to interfere with the necessary or customary circulation of customers and employees. The devices shall also be located in conformity with the floor plan approved in accordance with the issuance of an amusement center license and, where applicable, the special use permit. [Ord. 732D, 1983; amended during 2012 recodification. Code 1983 § 9-39. Code 2000 § 112.21].

5.15.140 Supervision – Hours of operation for minors – Hours of operation for pool halls and billiard establishments.

(A) Amusement devices shall be located where they are visible to the licensee or his authorized representative in the conduct of the business.

(B) No licensee shall allow any minor under the age of 18 years to operate an amusement device during such times or in such a manner that would constitute a violation of the curfew laws of either the town or the state. Furthermore, no licensee shall allow any minor under the age of 16 years to operate an amusement device between the hours of 5:00 a.m. to 3:00 p.m. on days when minors are required to be in regular school attendance.

(C) No licensee shall allow a pool hall or billiard establishment to allow patrons to operate a pool table or billiard table between the hours of 1:00 a.m. and 5:00 a.m. This curfew restriction shall not apply to any bars, lounges, or taverns that are regulated by the Indiana Alcoholic Beverage Commission which have as their principal place of business the sale of alcoholic beverages and food. [Ord. 1131, 2000. Code 1983 § 9-40; Code 2000 § 112.22].

Penalty, see HMC 5.15.200.

5.15.150 Rules and regulations – Appeals – Variances.

(A) The legislative body is authorized and directed to promulgate such forms, rules, and regulations as are necessary for the efficient administration of this chapter.

(B) The applicant shall include with his application a management plan which shall include, at a minimum, the following:

(1) The amusement center shall have an adult operator, 18 years of age or older, on the premises at all times.

(2) No gambling of any sort shall be permitted on the premises at any time.

(3) No controlled drugs shall be possessed or consumed or otherwise available on the premises at any time.

(4) Maximum occupancy shall be addressed in the floor plan provided.

(C) Appeals from any determination made by the chief of police, chief of fire, or building inspector pursuant to this chapter or requests for variances from the terms of this chapter may be taken to the board of zoning appeals in the manner provided by law or under the zoning code of the town. [Ord. 732D, 1983; amended during 2012 recodification. Code 1983 § 9-41; Code 2000 § 112.23].

5.15.160 License required.

All coin-operated amusement centers within the town shall be licensed by the town. No person shall possess, keep, maintain, use, exhibit, or permit to be possessed, kept, maintained, exhibited, used or operated in or upon any premises in his possession or under his control in any business district of this town an amusement device without first obtaining a license or renewal thereof from the clerk-treasurer of the town. [Ord. 732D, 1983. Code 1983 § 9-45; Code 2000 § 112.24].

Penalty, see HMC 5.15.200.

5.15.170 Application for license.

(A) Application for amusement center and amusement device license shall be made to the clerk-treasurer or his authorized representative on forms to be prescribed by him, and shall state the name and address of the applicant, if an individual, or if a partnership, association, or other entity, the names, residences, and occupations of each member of the partnership, association, or other entity, and if a corporation, the names of its officers and shareholders, and such other information as the clerk-treasurer may require. In addition, a floor plan shall be provided in a form and detail satisfactory to the inspection department, showing the proposed placement of amusement devices on the applicant’s premises in conformance with the criteria governing their placement and operation.

(B) The clerk-treasurer and inspection department shall transmit the application and the floor plan to the chief of police and chief of fire for further inspection and investigation of the applicant’s fitness to obtain said license.

(C) “Fitness” of the applicant shall consist of the compliance by the applicant with all laws of the town and state pertaining to the operation of the applicant’s business. [Ord. 732D, 1983. Code 1983 § 9-46; Code 2000 § 112.25].

5.15.180 Issuance of license – Fee – Display – Renewal – Transfer.

(A) The clerk-treasurer shall issue such license if the applicant for said permit is found to have the requisite fitness to obtain such license, upon the compliance with all pertinent town and state codes of the applicant’s floor plan for the placement and location of amusement devices, and upon payment of the proper fees.

(B) The annual fees for the license shall be $70.00 for each amusement device placed upon the applicant’s business premises.

(C) An annual electrical inspection shall be made, and the electrical inspector shall be paid $5.00 from the fees collected under subsection (B) of this section for each inspection.

(D) The license shall be displayed in a readily visible location upon the business premises.

(E) Applications for the renewal of a license shall be upon a form prescribed by the clerk-treasurer and may be filed with him after October 1st, but before December 1st, of the year preceding the calendar year for which the renewal is being sought. The clerk-treasurer shall not renew a license until he shall have determined that the applicant remains eligible to receive a renewal of the license, and that the premises referred to in the license is in compliance with all applicable provisions of the town code or other laws of the town and state pertaining to the business operation. In the event of nonrenewal, the clerk-treasurer shall state his reason for nonrenewal in writing.

(F) Each license represents permission for the use of the amusement device listed and is freely transferable to a replacement amusement device of similar size upon the same business premises, but is not transferable to any replacement device of greatly dissimilar size, or to any amusement device upon other business premises owned or operated by the licensee or any other person. [Ord. 732D, 1983; Ord. 732E-1, 1984; Ord. 1066, 1997. Code 1983 § 9-47; Code 2000 § 112.26].

5.15.190 Expiration, suspension or revocation of license.

(A) Any license issued pursuant to the provisions of this chapter shall expire upon any of the following conditions:

(1) Discontinuance of the licensee’s business.

(2) As to a specific amusement device, removal of said permitted amusement device from the business premises which is not replaced within 30 days by another amusement device of similar size.

(3) Transfer of sale of the business to another individual, partnership, corporation, or other entity, or the sale, assignment or transfer, directly or indirectly, of any corporate stock of the corporation from any shareholder.

(B) All licenses issued pursuant to the provisions of this chapter are subject to suspension or revocation by the clerk-treasurer upon any of the following conditions:

(1) Willful misrepresentation by the licensee or his agent in applying for the license.

(2) Conviction of the licensee for any felony or misdemeanor involving force, violence, disorderly conduct, moral turpitude, gambling, or involving any violation of this chapter, other provisions of the town code or other laws of the town and state pertaining to business operation.

(3) The existence of a nuisance to customers, other businesses, or the public stemming from the operation of amusement devices on the licensed premises. The definition of “nuisance,” for the purposes of this subsection, shall include the violation of any provision of the Highland Municipal Code or Indiana Code pertaining to force, violence, disorderly conduct, moral turpitude, or gambling.

(4) Willful violation of the regulations pertaining to hours of operation relating to minors.

(C) Prior to any action suspending or revoking any license, the clerk-treasurer shall give the licensee written notice of such action, affording an opportunity to the licensee which shall not be less than 10 days except in cases of emergency, to correct any such deficiencies forming the basis for the suspension or revocation. However, this shall not apply to any determination by the clerk-treasurer of nonrenewal of a license. [Ord. 732D, 1983. Code 1983 § 9-48; Code 2000 § 112.27].

5.15.200 Penalty.

(A) Any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.

(B) If such persons, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and shall be subject to a fine of not less than $50.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 732D, 1983; Ord. 1012, 1995. Code 1983 § 9-42; Code 2000 § 112.99].