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2002-041• t ORDINANCE NO. 2002- 41 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE COIN OPERATED AMUSEMENT DEVICES WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, it is in the best interests of the Village to establish appropriate regulations for the licensing and operation of coin - operated amusement devices within the Village; and WHEREAS, the Village has determined that amendments to the Municipal Code are necessary concerning the licensing and operation of coin - operated amusement devices within the Village's B -5 Zoning District. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. Section 1. Chapter 5.12 of the Village of Buffalo Grove Municipal Code is amended to read as follows: CHAPTER 5.12 COIN - OPERATED AMUSEMENT DEVICES 5.12.010 Definitions. A. "Accessory and Subordinate Use Amusement Device Establishment" means that the business establishment where the Amusement Device(s) are located has a principal use or uses other than the offering of Amusement Devices. B. "Coin- Operated Amusement Device" ( "Amusement Device(s)") means any machine, game, table or device which is designed, intended or used as a test of skill, entertainment, or amusement, and is operated by the manipulation of buttons, dials, paddles, cues, trigger devices or electrical impulses, and may be used by the public upon insertion of a coin or token or otherwise is made available for valuable consideration. Included, without limitation, are devices such as pinball machines, video games, electronic or mechanical games, foosball machines, air hockey tables, mechanical rides for children, shooting gallery games, skill ball, bowling games, virtual reality or other machines or devices which utilize a projector, lighting, sound, screen or video tube to reproduce symbolic figures and lines intended to be representative of real games or activities, and all games or operations similar thereto. Not included within this definition are regulation bowling alleys, carnival games, jukeboxes, pool tables or other coin - operated music players, batting cages, merchandise vending machines, change machines, automatic teller machines and all vending machines pursuant to Chapter 5.52 of the Buffalo Grove Municipal Code. 1 • ' ' 0 C. "Premises" means that building or portion of a building where a business license has been issued pursuant to Chapter 5.04 of the Buffalo Grove Municipal Code. D. "Public Floor Area" means the sum of the horizontal areas (measured in square feet) of all interior floor space open and accessible for use by customers of the Premises. It shall not include interior parking spaces and loading spaces, or storage space, food preparation areas and other areas not generally open and accessible to customers. 5.12.020 Place of Operation. No Amusement Device(s) shall be placed, installed, kept, permitted or operated outside of any building. 5.12.030 License-Require . No person, firm or coiporation shall keep, install, maintain, operate or permit any Amusement Device in any building for use by the public and/or for gain without first having obtained a license for each such Amusement Device. All licenses shall be annual licenses with effective dates of May 1St to April 30th of the following calendar year. 5.12.040 License - Application- Contents. Any person, firm or corporation desiring a license or licenses to keep, install, maintain, operate or permit any Amusement Device(s) shall make a separate application for each such Amusement Device to the Village Clerk's Office on a form furnished by that Office. 5.12.050 License - Application -Fee. The applicant shall pay an annual fee of fifty dollars ($50.00) for each such Amusement Device. On any license issued between November 1St and April 30th of the following calendar year, the fee shall be twenty -five ($25.00) for each such Amusement Device. 5.12.060 License - Issuance. A. Upon approving the application and upon receipt of the license fee, the Village Clerk shall issue a license to the applicant. The license shall be affixed to the Amusement Device. B. Each Amusement Device shall be clearly identified on the Amusement Device as belonging to the licensee. C. The licensee shall be permitted to substitute and/or exchange Amusement Devices providing the total number of Amusement Devices does not exceed the number licensed. Substituted or exchanged Amusement Devices shall be subject to licensure as contained herein. 5.12.070 Number. A. No more than one jukebox or musical box, and no more than three (3) other Amusement Devices shall be permitted in any business establishment to which a Village business license has been issued, except as allowed by Section 5.12.070 B or Section 5.12.070 C. B. Business establishments with a valid Class A or Class B liquor license located in business zoning districts other than in a B -5 Planned Unit Development District may have a maximum of eight (8) Amusement Devices, not including a jukebox or musical box, subject to the general conditions in Section 5.12.080. C. Business establishments with a valid Class A or Class B liquor license located in the B -5 Town Center Planned District may have a maximum of thirty -six (36) Amusement Devices, not including a jukebox or musical box, subject to the conditions of Sections 5.12.080 and 5.12.090. 5.12.080 General Conditions. The following general conditions shall apply to business establishments identified in Section 5.12.070.13 and C: A. In order to maintain safe and orderly conditions within a business establishment, the following standard shall be met for each Amusement Device: 1. A minimum of 30 square feet of floor area shall be provided for each Amusement Device. The required floor area shall include each Amusement Device and its immediate vicinity and may include aisles, but shall not include office space, storage or other areas not specifically devoted to Amusement Devices. Where Amusement Devices are located along one side of an aisle, the aisle shall be a minimum of sixty - six (66) inches in width and shall be unobstructed. Where an Amusement Device is located along both sides of an aisle, the aisle shall be a minimum of ninety (90) inches in width and shall be unobstructed. 2. Amusement Devices shall be located no closer than twelve (12) inches to any wall assembly separating the premises from any adjacent tenants or portion of a building. 3. Building entrances and exits shall be properly maintained for ingress and egress at all times. Amusement Devices as well as patrons shall not obstruct building entrances or exits. B. The area that Amusement Devices occupy in a business establishment shall be no greater than ten percent (10%) of the Public Floor Area. Prior to the issuance of a license required under this Chapter, the licensee shall provide a calculation of Public Floor Area to the Village for verification. Said calculation shall include a floor plan for the entire Premises with Public Floor Area identified and represented in total square feet and as a percent of the total floor area of the licensed Premises. The location of Amusement Devices shall be depicted on the floor plan which it to be submitted to the Village for approval. 3 • , . 0 5.12.090 Specific Conditions. The following specific conditions shall apply to business establishments identified in Section 5.12.070 C.: A. A license for an Amusement Device shall only be issued where such licensed Amusement Device is an accessory and subordinate use to the authorized licensed business. B. Smoking shall be prohibited in areas designated for the use of Amusement Devices and as set forth in the floor plan as approved by the Village. Said smoking prohibition shall not apply to any business establishment operating prior to the effective date of this Sub - Section Exceptions pursuant to Chapter 9.32 of the Buffalo Grove Municipal Code shall be identified on the floor plan. C. It shall be unlawful to permit gambling on the premises where Amusement Devices are located. Any operator or attendant who observes any gambling on such premises, or has reasonable grounds to suspect that gambling is taking place, shall immediately cause the removal from the premises of such persons as are involved in the gambling activity. Further, nothing in this Chapter shall be construed to authorize, license or permit any gambling device whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may contrary to any future laws of the State. D. An employee of the business licensee shall be on the premises where the licensed Amusement Devices are located at all times during which the premises are open to the public and shall be in such a position as to have a clear view of all of the Amusement Devices and activity taking place. E. The licensee shall provide adequate and orderly parking for all bicycles and motor vehicles and shall keep the front of the premises unobstructed so that the sidewalks are clear and open to pedestrian traffic. F. No loitering, rowdiness or abusive language shall be allowed in the area designated for the use of Amusement Devices. G. A licensee shall have the affirmative duty to report to the police department any and all incidents or reports of a disturbance of the peace, which takes place within the licenses premises, or within one hundred (100) feet from the entrance. This includes incidents either observed by or-reported to the licensee or attendant. Failure to report to the police as herein provided shall be deemed sufficient cause to revoke the license(s) issued hereunder. H. The area designated for use of Amusement Devices shall only be open during the hours that the primary business establishment is open to the public. However, the business licensee shall have the option of opening later or closing earlier the area where Amusement Devices are located at times other than when the primary business is open to the public. I. Notwithstanding Chapter 5.40, the business establishment shall not be allowed to operate except during the authorized hours of its liquor license. 5.12.100 Maintenance. Devices shall be kept and maintained in good repair and operating condition at all times. In the event of a malfunction of an Amusement Device, the operator of the premises, his agents, servants, or employees on the premises shall return to the user the money's inserted therein. 4 5.12.110 Violation - Penalty. Any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08 and/or Chapter 1.12 of the Buffalo Grove Municipal Code. Section 2. Each provision of this ordinance is severable. If any provision of this ordinance or the application of any provision of this ordinance to any person or circumstance is held invalid, the remainder of this ordinance and the application of the provisions of this ordinance to other persons or circumstances shall not be affected thereby and shall remain valid, enforceable and otherwise in full force and effect. Section 3. This ordinance shall be in full force and effect as of August 1, 2002 and upon its passage, approval and publication in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling_ NAYES: 0 - N ABSENT: 0 - None PASSED: August 5 , 2002. APPPROVED: August 5 , 2002. PUBLISHED: August 6 , 2002. ATTEST: Villa Jerk 8/5/02 5 Village President 9' t STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on August 5, 2002, the Corporate Authorities of the Village passed and approved Ordinance No. 2002 -41, entitled: AN ORDINANCE AMENDING CHAPTER 5.12 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE COIN OPERATED AMUSEMENT DEVICES which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2002 -41, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on August 5, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 6th day of August, 2002. ���/o� Villag lerk By 4 ORDINANCE NO. 2002- 41 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE COIN OPERATED AMUSEMENT DEVICES WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, it is in the best interests of the Village to establish appropriate regulations for the licensing and operation of coin - operated amusement devices within the Village; and WHEREAS, the Village has determined that amendments to the Municipal Code are necessary concerning the licensing and operation of coin - operated amusement devices within the Village's B -5 Zoning District. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. Section 1. Chapter 5.12 of the Village of Buffalo Grove Municipal Code is amended to read as follows: CHAPTER 5.12 COIN - OPERATED AMUSEMENT DEVICES 5.12.010 Definitions. A. "Accessory and Subordinate Use Amusement Device Establishment" means that the business establishment where the Amusement Device(s) are located has a principal use or uses other than the offering of Amusement Devices. B. "Coin- Operated Amusement Device" ( "Amusement Device(s)") means any machine, game, table or device which is designed, intended or used as a test of skill, entertainment, or amusement, and is operated by the manipulation of buttons, dials, paddles, cues, trigger devices or electrical impulses, and may be used by the public upon insertion of a coin or token or otherwise is made available for valuable consideration. Included, without limitation, are devices such as pinball machines, video games, electronic or mechanical games, foosball machines, air hockey tables, mechanical rides for children, shooting gallery games, skill ball, bowling games, virtual reality or other machines or devices which utilize a projector, lighting, sound, screen or video tube to reproduce symbolic figures and lines intended to be representative of real games or activities, and all games or operations similar thereto. Not included within this definition are regulation bowling alleys, carnival games, jukeboxes, pool tables or other coin - operated music players, batting cages, merchandise vending machines, change machines, automatic teller machines and all vending machines pursuant to Chapter 5.52 of the Buffalo Grove Municipal Code. C. "Premises" means that building or portion of a building where a business license has been issued pursuant to Chapter 5.04 of the Buffalo Grove Municipal Code. D. "Public Floor Area" means the sum of the horizontal areas (measured in square feet) of all interior floor space open and accessible for use by customers of the Premises. It shall not include interior parking spaces and loading spaces, or storage space, food preparation areas and other areas not generally open and accessible to customers. 5.12.020 Place of Operation. No Amusement Device(s) shall be placed, installed, kept, permitted or operated outside of any building. 5.12.030 License - Required. No person, firm or corporation shall keep, install, maintain, operate or permit any Amusement Device in any building for use by the public and/or for gain without first having obtained a license for each such Amusement Device. All licenses shall be annual licenses with effective dates of May 1st to April 301h of the following calendar year. 5.12.040 License - Application- Contents. Any person, firm or corporation desiring a license or licenses to keep, install, maintain, operate or permit any Amusement Device(s) shall make a separate application for each such Amusement Device to the Village Clerk's Office on a form furnished by that Office. 5.12.050 License - Application -Fee. The applicant shall pay an annual fee of fifty dollars ($50.00) for each such Amusement Device. On any license issued between November 1st and April 30th of the following calendar year, the fee shall be twenty -five ($25.00) for each such Amusement Device. 5.12.060 License - Issuance. A. Upon approving the application and upon receipt of the license fee, the Village Clerk shall issue a license to the applicant. The license shall be affixed to the Amusement Device. B. Each Amusement Device shall be clearly identified on the Amusement Device as belonging to the licensee. C. The licensee shall be permitted to substitute and/or exchange Amusement Devices providing the total number of Amusement Devices does not exceed the number licensed. Substituted or exchanged Amusement Devices shall be subject to licensure as contained herein. 2 5.12.070 Number. A. No more than one jukebox or musical box, and no more than three (3) other Amusement Devices shall be permitted in any business establishment to which a Village business license has been issued, except as allowed by Section 5.12.070 B or Section 5.12.070 C. B. Business establishments with a valid Class A or Class B liquor license located in business zoning districts other than in a B -5 Planned Unit Development District may have a maximum of eight (8) Amusement Devices, not including a jukebox or musical box, subject to the general conditions in Section 5.12.080. C. Business establishments with a valid Class A or Class B liquor license located in the B -5 Town Center Planned District may have a maximum of thirty -six (36) Amusement Devices, not including a jukebox or musical box, subject to the conditions of Sections 5.12.080 and 5.12.090. 5.12.080 General Conditions. The following general conditions shall apply to business establishments identified in Section 5.12.070.13 and C: A. In order to maintain safe and orderly conditions within a business establishment, the following standard shall be met for each Amusement Device: 1. A minimum of 30 square feet of floor area shall be provided for each Amusement Device. The required floor area shall include each Amusement Device and its immediate vicinity and may include aisles, but shall not include office space, storage or other areas not specifically devoted to Amusement Devices. Where Amusement Devices are located along one side of an aisle, the aisle shall be a minimum of sixty - six (66) inches in width and shall be unobstructed. Where an Amusement Device is located along both sides of an aisle, the aisle shall be a minimum of ninety (90) inches in width and shall be unobstructed. 2. Amusement Devices shall be located no closer than twelve (12) inches to any wall assembly separating the premises from any adjacent tenants or portion of a building. 3. Building entrances and exits shall be properly maintained for ingress and egress at all times. Amusement Devices as well as patrons shall not obstruct building entrances or exits. B. The area that Amusement Devices occupy in a business establishment shall be no greater than ten percent (10%) of the Public Floor Area. Prior to the issuance of a license required under this Chapter, the licensee shall provide a calculation of Public Floor Area to the Village for verification. Said calculation shall include a floor plan for the entire Premises with Public Floor Area identified and represented in total square feet and as a percent of the total floor area of the licensed Premises. The location of Amusement Devices shall be depicted on the floor plan which it to be submitted to the Village for approval. 5.12.090 Specific Conditions. The following specific conditions shall apply to business establishments identified in Section 5.12.070 C.: A. A license for an Amusement Device shall only be issued where such licensed Amusement Device is an accessory and subordinate use to the authorized licensed business. B. Smoking shall be prohibited in areas designated for the use of Amusement Devices and as set forth in the floor plan as approved by the Village. Said smoking prohibition shall not apply to any business establishment operating prior to the effective date of this Sub- Section Exceptions pursuant to Chapter 9.32 of the Buffalo Grove Municipal Code shall be identified on the floor plan. C. It shall be unlawful to permit gambling on the premises where Amusement Devices are located. Any operator or attendant who observes any gambling on such premises, or has reasonable grounds to suspect that gambling is taking place, shall immediately cause the removal from the premises of such persons as are involved in the gambling activity. Further, nothing in this Chapter shall be construed to authorize, license or permit any gambling device whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the State. D. An employee of the business licensee shall be on the premises where the licensed Amusement Devices are located at all times during which the premises are open to the public and shall be in such a position as to have a clear view of all of the Amusement Devices and activity taking place. E. The licensee shall provide adequate and orderly parking for all bicycles and motor vehicles and shall keep the front of the premises unobstructed so that the sidewalks are clear and open to pedestrian traffic. F. No loitering, rowdiness or abusive language shall be allowed in the area designated for the use of Amusement Devices. G. A licensee shall have the affirmative duty to report to the police department any and all incidents or reports of a disturbance of the peace, which takes place within the licenses premises, or within one hundred (100) feet from the entrance. This includes incidents either observed by or reported to the licensee or attendant. Failure to report to the police as herein provided shall be deemed sufficient cause to revoke the license(s) issued hereunder. H. The area designated for use of Amusement Devices shall only be open during the hours that the primary business establishment is open to the public. However, the business licensee shall have the option of opening later or closing earlier the area where Amusement Devices are located at times other than when the primary business is open to the public. 1. Notwithstanding Chapter 5.40, the business establishment shall not be allowed to operate except during the authorized hours of its liquor license. 5.12.100 Maintenance. Devices shall be kept and maintained in good repair and operating condition at all times. In the event of a malfunction of an Amusement Device, the operator of the premises, his agents, servants, or employees on the premises shall return to the user the money's inserted therein. . A 5.12.110 Violation - Penalty. Any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08 and/or Chapter 1.12 of the Buffalo Grove Municipal Code. Section 2. Each provision of this ordinance is severable. If any provision of this ordinance or the application of any provision of this ordinance to any person or circumstance is held invalid, the remainder of this ordinance and the application of the provisions of this ordinance to other persons or circumstances shall not be affected thereby and shall remain valid, enforceable and otherwise in full force and effect. Section 3. This ordinance shall be in full force and effect as of August 1, 2002 and upon its passage, approval and publication in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: August 5 , 2002. APPPROVED: August 5 , 2002. PUBLISHED: August 6 , 2002. ATTEST: a Villa Jerk 8/5/02 5 J Village President