O-04-59'q
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -59
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
VILLAGE OF DEERFIELD TO AUTHORIZE AMUSEMENT
REDEMPTION DEVICES WITHIN A SUPERVISED
AMUSEMENT AREA ACCESSORY TO BOWLING ALLEYS.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
5th day of October , 2004.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
4th day of October , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -59
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
VILLAGE OF DEERFIELD TO AUTHORIZE AMUSEMENT
REDEMPTION DEVICES WITHIN A SUPERVISED
AMUSEMENT AREA ACCESSORY TO BOWLING ALLEYS
WHEREAS, Section 15 -20 of the Municipal Code of the Village of Deerfield prohibits coin-
operated amusement devices in any store, restaurant, shopping place, theater, parking lot or any other
public place in the Village; and,
WHEREAS, Brunswick Bowling and Billiards Corporation ( "Brunswick "), being the owner
of the Brunswick Zone bowling and recreational facility at 10 South Waukegan Road, Deerfield,
Illinois, has requested that the Village of Deerfield amend the Municipal Code of the Village of
Deerfield to permit not more than ten amusement redemption devices and interactive games to be
placed and maintained at the Brunswick Zone facility as a family- oriented recreational amenity
accessory to the principal recreational bowling facilities operated at the Brunswick property; and,
WHEREAS, the corporate authorities of the Village of Deerfield have considered the request
of Brunswick and have determined that amusement redemption devices, under controlled conditions
and oriented and marketed to adolescents and youth parties, would be compatible and consistent with
the public health, welfare and safety of the Village of Deerfield;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Article 2 (Offenses Against Public Morals) of Chapter 15 (Morals and
Conduct) of the Municipal Code of the Village of Deerfield be and the same is hereby amended to
add the following as Section 15 -20.1 thereof:
Sec. 15 -20.1. Amusement Redemption Devices and Interactive Games.
(A) Notwithstanding the provisions of Section 15 -20 of the Municipal
Code of the Village of Deerfield, a licensed bowing alley with not less than twenty
(20) bowling lanes is permitted to use, operate and maintain a combined total of not
more than ten (10) amusement redemption devices and interactive amusement games
for public patronage within a supervised amusement area as a use accessory to the
principal bowling use conducted on the premises, provided that at no time shall more
than three (3) interactive amusement games be permitted.
(B) For purposes of this section, the following words and phrases shall
have the indicated meanings:
1. Amusement Redemption Device. As used in this section,
amusement redemption device shall mean a one - player or multi -
player mechanical or electronic amusement machine or device that is
designed, made and adapted solely for bona fide amusement
purposes, and that by operation of skill, or by a combination of skill
and chance, affords to every user, in addition to any right of replay,
exclusively non -cash merchandise, prizes, toys or novelties, or a
representation of value redeemable for such items, provided that the
average wholesale value of such items awarded for a single play of
the device does not exceed the lesser of $5.00 or seven (7) times the
cost charged for a single play of the device.
2. Interactive Amusement Game. As used in this section,
interactive amusement game shall mean: (a) a coin - operated multi -
player mechanical or electronic table game, without a video screen,
that involves the pushing, propelling blocking, shielding and/or
deflecting of a disc, puck, ball or object towards another players goal
to score and accumulate points; and (b) a coin operated one - player or
multi - player mechanical or electronic amusement device that: (i) is
primarily designed and adapted to provide amusement for one or
more seated players by simulating the motion and appearance of an
amusement or vehicle ride, or (ii) is primarily designed and adapted
to provide amusement for one or more players by employing selected
music and dance step instruction to engage the player(s) in simulated
dance.
2. ' Representation of Value. As used in this section,
representation of value shall mean a gift certificate, gift card or
coupon that is presented to the proprietor of the bowling alley in
exchange for non -cash merchandise, prizes, toys or novelties.
(C) The maximum number of amusement redemption devices and
interactive amusement games that shall be allowed in or on any bowling alley
premises for public patronage shall be ten (10). In no event shall more than three (3)
interactive amusement games be allowed.
(D) All amusement redemption devices and interactive amusement games
shall be contained within a supervised amusement area, the design of which shall be
approved by the Village Manager or his designee. Prior to the issuance of any license
for an amusement redemption device or an interactive amusement game, the license
applicant shall submit a floor plan of the proposed amusement area to the Village
Manager, together with such other information as the Village Manager or his
designee may require to demonstrate the proposed amusement area with comply with
the requirements of the Municipal Code of the Village of Deerfield.
(E) It is unlawful for any person to display, for public patronage or
operation any amusement, redemption device or an interactive amusement game
without first having obtained a license therefore. Each application for an amusement
redemption device license shall be filed in writing with the Village Clerk on a form
to be provided by the Village Clerk.
(F) The annual fee for amusement redemption devices and for interactive
amusement games provided in this chapter shall be One Hundred Dollars ($100.00)
each year for each amusement redemption device used, played or exhibited for public
use or play. The annual license year shall be from January 1 through December 31.
The annual license fee shall be due and payable before January 1 of each calendar
year. The license fee imposed by this section shall be in addition to any and all other
taxes or licenses fees imposed by any other provisions of the Municipal Code of the
Village of Deerfield.
(G) Every licensee shall post and maintain such license upon the licensed
amusement device, or in such other place approved by the Village Manager on the
licensed premises where such license may be seen at all times.
(H) It shall be unlawful for any licensee or any agent or employee of such
licensee to permit, suffer or allow any person under the age of eighteen (18) years to
use or operate any amusement redemption device located in or upon licensee's
premises during such time as public elementary or secondary schools are in session.
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(I) The hours of operation for the amusement area and the licensed
amusement redemption devices shall be limited to hours when the bowling alley is
open for public bowling.
(J) Smoking and other use of tobacco products is prohibited in the
amusement area.
(K) Possession and consumption of alcoholic beverages is prohibited in
the amusement area.
(L) It is unlawful for any person to engage in gambling or in the operation
of gambling devices within the licensed premises.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
[This Space Left Blank Intentionally]
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SECTION : That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 4th day of October , 2004.
AYES: Benton, Kayne, Rosenthal, Swanson, Wylie (5)
NAYS: Seiden (1)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 4th C
i
ATTEST:
DI)
Village Clerk
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