ARTICLE II. GAME DEVICES
6-19. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Game device means any machine, device or contrivance, whether electronic, mechanical or otherwise, which commences play, use or operation by the insertion of a coin, token or other similar object, or by the payment of some consideration for such operation, and which is offered to, or used by, the public for the purposes of playing a game for a contest of skill or chance.
(1) Inclusions. Such term shall specifically include devices such as pinball machines, video and electronic game machines, mechanical grab machines, shuffleboard game machines, and any similar devices, machines or contrivances of whatever description or trade name.
(2) Exclusions. The term shall not include any pool or billiard table, any coin-operated phonographs or merchandise vending machines, any coin-operated blood pressure measuring devices or weight scales, any coin-operated photograph booths or any device inherent in the operation of a bowling alley or bingo game.
Owner means any person, including an agent or employee who operates, conducts or has charge or control of any place or establishment in which any game device as herein defined is available for operation by the public.
(Code 1987, § 3-06.02)
6-20. License.
(a) Requirement established.
(1) Possession. No person shall have possession, custody, dominion over or control of any game device regulated by this article in the township unless a valid license for such game device has been issued and is attached thereto.
(2) Operation and placement. Nor shall any person in such township operate, or permit the operation of any such device, nor permit the erection, placement or location of any such game device on any property or premises owned, leased, occupied or otherwise under the control of such person, unless a license therefor has been issued and is attached thereto.
(b) Application. Application for a game device license shall be made to the township clerk on forms provided by the clerk which shall include the following information:
(1) The name, date of birth, address and telephone number of the applicant. If the applicant is a corporation, partnership or other organization, then the names, ages, addresses and telephone numbers of the officers thereof, and the owners of more than the ten percent interest therein shall also be given.
(2) Whether any person named or required to be named on the application has ever been convicted of a crime and if so, the nature of the offense, excluding minor misdemeanors not involving moral turpitude.
(3) The proposed number of machines or game devices intended to be operated on the premises.
(4) The type and description of the machine or game device, and the serial, registration or other manufacturer’s identification number thereof, and a statement that such game device has been approved by the Underwriters Laboratories or another satisfactory testing service whose name shall be stated.
(5) The name, address and location of the premises on which the game device will be located.
(6) The name and address of the owner of the premises on which the game device will be located.
(7) The name and address of the person responsible for the operation, management and maintenance of the game devices or machines.
(8) The location and capacity of motor vehicle parking facilities which is to be provided for patrons using such game devices or machines.
(9) A scale diagram of the floor plan of the premises or property on which the game device will be located shall be attached showing the permanent location of each game device, including electrical outlets, all aisleways, exit way discharges and doorways. A game device shall not be located within 12 feet of any exit and the following minimum aisle widths are required where game devices are located:
a. Amusement machine on one side of the aisle: 72 inches minimum width of aisle.
b. Amusement machines on both sides of the aisle: 96-inch minimum width of aisle.
(c) Fee. The fee for each game device license shall be as prescribed from time to time by resolution of the board of trustees.
(d) Inspection and/or investigation. Upon receipt of the completed application and the license fee, the clerk shall cause an inspection of the premises to be made, or otherwise make such investigation thereof as is deemed necessary, including examination of existing township zoning, building and other records to ensure that the premises conforms to all applicable township codes and the standards hereinafter set forth.
(e) Restrictions. No license shall be issued to any applicant when a person named or required to be named on the application:
(1) Is under the age of 18 years; or
(2) Has been convicted of any offense involving gambling, violation of controlled substance laws, criminal sexual conduct involving a minor, accosting or soliciting or contributing to the delinquency of a minor.
(f) Grant of license. Upon determination that the applicant is eligible for a license, based on the foregoing criteria, the clerk shall issue a license which shall not be transferable and which shall expire on the following December 31, regardless of the date the license was issued.
(g) Proof of liability insurance. A person having a game device regulated hereunder shall be responsible for any and all claims for liability, however caused, arising from the operation of such game device and the township clerk shall require such person to furnish proof of public liability insurance in an amount as currently established or as hereafter adopted by resolution of the township board from time to time covering any damages arising out of the use or operation of any and all such devices and facilities.
(1) Certificate or policy filed with clerk. Evidence of insurance in the form of a certificate or policy from the insurance carrier shall be filed with the clerk’s office.
(2) Notice of cancellation. The certificate shall stipulate that the insurance shall not be cancelled except upon 30 days prior notice to the township.
(h) Content; conspicuously displayed. A license issued for a game device hereunder shall contain the name and general description of the game device for which the same is issued, and shall contain the serial or other identification number thereof. The license shall be attached to such game device and shall be conspicuously displayed at all times.
(i) Consent to inspection. Any person obtaining a license for a game device hereunder, as a condition of that license, consents to an inspection of such game device and the premises or property on which the same is located, by duly authorized agents of the township during the business hours of premises on which such licensed game devices are located. Failure to allow such inspection shall be deemed grounds for the revocation of a license.
(j) Renewal. Licenses shall be renewed by December 31 of each year upon reinspection or reevaluation of the premises and game devices as in the case of an original application, and upon payment of the annual license fee in the same manner as in the case of an original application.
(k) Revocation. The township clerk shall, after a written notice to the owner, revoke any license issued hereunder when it is determined that any licensee or his agents, servants or employees have violated any of the provisions of this article, other ordinances of the township and the laws of the state. Such notice shall specify the violation complained of and shall be delivered personally or by certified mail.
(Code 1987, § 3-06.03)
6-21. Operational standards.
No such person or owner of a game device or the servant, employee or agent of any such person or owner shall permit any of the following:
(1) Operate the game device between the hours of 11:00 p.m. and 7:00 a.m. except on Fridays, Saturdays and legal holidays when the game device shall not be operated between the hours of 12:00 a.m. and 7:00 a.m. This operational standard shall not apply to any business establishment duly licensed by the state liquor control commission.
(2) Permit the operation of any game device by any person under 16 years of age between the hours of 8:00 a.m. to 4:00 p.m., excluding Saturdays, Sundays, legal holidays and days when school it not in session, or to permit such persons to enter, loiter or congregate in or about the premises at the times aforesaid if such game devices are available for play or use by the public.
(3) Allow persons under 12 years of age to operate any game device unless accompanied by a parent or guardian or allowing any such person to loiter or congregate in or about the premises unless accompanied by a parent or guardian.
(4) Permit gambling in any form on the premises.
(5) Permit any persons under the influence of alcoholic liquor or controlled substances to be on the premises.
(6) Permit any alcoholic liquor or any controlled substance to be brought into, sold, given away or consumed on the premises except that this operational standard shall not apply to any business establishment duly licensed by the state liquor control commission.
(7) Permit any disorderly conduct in connection with the operation of any such game device.
(8) Permit any conduct or condition to exist, contributing to juvenile delinquency.
(9) Permit loitering on the premises or on sidewalks in front thereof, so as to obstruct a free and uninterrupted passage of the public.
(10) Permit the operation of a game device unless the owner or person at least 18 years of age who is the operator, employee, servant or agent of the owner is present on the premises.
(11) Permit the operation of any game device containing any payoff contrivance for the return or discharge of coins, tokens, slugs, merchandise or checks to operators thereof or to have on the premises any game device which, according to federal or state law, constitutes a gambling device. This operational standard shall not prohibit the operation of any game device which gives free play or game time to any player or user thereof who gets in excess of a specified number of points or otherwise meets a preestablished performance criteria for such free game or play time.
(Code 1987, § 3-06.04)
6-22. Enforcement of violations.
(a) Enforced by supervisor or delegate. The provisions of this article shall be enforced by the township supervisor who may in his discretion delegate such enforcement to such of the administrative personnel of the township as he deems proper.
(b) Issuance of citations. The supervisor, as hereinbefore provided, shall have the power to issue citations for any violation of this article.
(1) License violation. Upon the issuance of a citation for a violation of section 6-20(a), the owner shall apply for a license in accordance with the requirements of sections 6-20(b), (d) through (g) and (j) within three business days from the date of the citation.
(2) Warrant to seize machine. If said application is not made within three business days, the township supervisor shall obtain a warrant authorizing the seizure of said machine and confiscate said machine which shall be returned to the owner only after he has complied with the requirements hereof.
(Code 1987, § 3-06.05)