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HomeMy WebLinkAboutO-24-26VILLAGE OF DEERFIELD ORDINANCE NO. 2024- 0-24-26 AN ORDINANCE AMENDING CHAPTER 15 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, REGARDING ARCADES WHEREAS, the Village regulates amusements devices in businesses in the Village ("Amusement Facilities') to protect patrons from unfair business practices (collectively, "Amusement Regulations'; and WHEREAS, the Village desires to amend the Amusement Regulations to allow for arcade games and other amusements in indoor playgrounds; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to amend the Code pursuant to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board. SECTION TWO: AMENDMENT TO SECTION 15-20 OF THE VILLAGE CODE. Section 15-20, titled "Coin Operated Amusement Devices Prohibited," of Article 2, titled "Offenses Against Public Morals," of Chapter 15, titled "Morals and Conduct," of the "The Municipal Code of the Village of Deerfield, Illinois, 1975", as amended ("Village Code'), is hereby amended further and shall read as follows: "Sec. 15-20. Coin Operated Amusement Devices Prohibited: (a) No person shall maintain for the use of the public or patrons, or permit the use in or on any premises where the sale of alcoholic liquor at retail is permitted or in any store, restaurant, shopping place, theater, parking lot or any other public place in the village: (1) Any mechanical pinball amusement device which is so constructed that the result of its operation depends upon chance, or upon the skill of the operator, or upon both; or (2) Any mechanical device which in its operation shoots or propels an electric light, ray or impulse to a target; or (3) Any table bowling, shuffleboard or other mechanical table game or amusement device involving the propulsion of spheres or other projectiles, mechanically or by hand; or (4) Any coin operated or coin in the slot amusement device. Additions are bold and double -underlined; d-^-^*i^^s are. str-uek thr-ai.,.h 1 -- 4885-9853-8462, v. 3 (b) This section shall not apply to indoor playffrounds_provided that the space dedicated to amusement devices is limited to the lesser of 600 square feet or five percent of the total buil i square footage or bona fide clubs licensed to sell alcoholic liquor to only members and their guests as provided by law." SECTION THREE: AMENDMENT TO SECTION 15-20.1 OF THE VILLAGE CODE. Section 15-20.1, titled "Amusement Redemption Devices And Interactive Games," of Article 2, titled "Offenses Against Public Morals," of Chapter 15, titled "Morals and Conduct," of the Village Code is hereby amended further and shall read as follows: "Sec. 15-20.1. Amusement Redemption Devices And Interactive Games: (a) Notwithstanding the" provisions of section 15-20 of this article, a indoor plavffround. and a licensed bowling alley with not less than twenty (20) bowling lanes., is permitted to use, operate and maintain a combined total of not more than 0) 17 amusement redemption devices and interactive amusement games for public patronage within a supervised amusement area as a use accessory to the principal indoor playground or bowling use conducted on the premises, provided that at no time shall more than three (3) six interactive amusement games be permitted. The area of --the supervised amusement area is limited to the lesser of 600 square feet or five percent of the total building square- Q- (b) For purposes of this section, the following words and phrases shall have the indicated meanings: (1) Amusement Redemption Device: A one player or multiplayer 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 noncash 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 five dollars ($5.00) or seven (7) times the cost charged for a single play of the device. (2) Interactive Amusement Game: (A) A coin operated multiplayer 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 player's goal to score and accumulate points; and (B) A coin operated one player or multiplayer mechanical or electronic amusement device that: 1) is primarily designed and adapted to provide amusement for one or Additions are bold and double -underlined; . 2 4885-9853-8462, v. 3 more seated players by simulating the motion and appearance of an amusement or vehicle ride, or 2) 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. (3) Representation Of Value: A gift certificate, gift card or coupon that is presented to the proprietor of the bowling alley in exchange for noncash merchandise, prizes, toys or novelties. Themaximum um wm ber- ofamusement Fedemptien deyiees and- int$1 &etive amusement game6thats4h ^11 be . ll-e- .,ed iin A--;. A y bowling alley premises for publie patrenage-sh shall be tenT1vT1-it :B-0 event shall more tlfire , (3) interaetive amusement games be a (de 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 will comply with the requirements of this code. (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 therefor. Each application for an amusement redemption device or an interactive amusement game license shall be filed in writing with the village clerk on a form to be provided by the village clerk. (fj 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 or an interactive amusement game 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 license fees imposed by any other provisions of this code. (g- Every licensee shall post and maintain such license upon the licensed amusement device or an interactive amusement game, or in such other place approved by the village manager on the licensed premises where such license may be seen at all times. Additions are bold and double=Underlipted; deletions are strueli through. 3 4885-9853-8462, v. 3 1_ (ig) The hours of operation for the amusement area and the licensed amusement redemption devices or an interactive amusement game shall be limited to hours when the inodoor layground or bowling alley is open for public bewling use. Gh) Smoking and other use of tobacco products is prohibited in the amusement area. (W) Possession and consumption of alcoholic beverages is prohibited in the amusement area. (1j) It is unlawful for any person to engage in gambling or in the operation of gambling devices within the licensed premises." SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and effect after its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Additions are bold and double -underlined; de -let ons ^M^ s* uek through. 4885-9853-8462, v. 3 (ig) The hours of operation for the amusement area and the licensed amusement redemption devices or an interactive amusement game shall be limited to hours when the inodoor layground or bowling alley is open for public bewling use. Gh) Smoking and other use of tobacco products is prohibited in the amusement area. (W) Possession and consumption of alcoholic beverages is prohibited in the amusement area. (1j) It is unlawful for any person to engage in gambling or in the operation of gambling devices within the licensed premises." SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and effect after its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Additions are bold and double -underlined; de -let ons ^M^ s* uek through. 4885-9853-8462, v. 3 AYES: Benton, Berg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Goldstone, Metts-Childers PASSED: September 3, 2024 APPROVED: September 3, 2024 ORDINANCE NO. 0-24-26 Daniel C. Shapiro, Mayor ATTEST: Kent S. Stre t, Village Clerk Additions are bold and double -underlined, are strueli through. 5 4885-9853-8462, v. 3