Chapter 5.15
AMUSEMENT DEVICES

Sections:

5.15.010    Operation.

5.15.020    Regulations.

5.15.030    License.

5.15.040    Machines.

5.15.050    Schedule of fees.

5.15.060    Revoking of license.

5.15.070    Fines.

5.15.080    Exemption.

5.15.010 Operation.

It shall be unlawful for any person, firm or corporation to operate for gain any table, alley, galleries or other devices as hereinafter named or described, within the corporate limits of the town of Whitestown, Indiana, without first having obtained from the clerk-treasurer of said town a license therefor, duly signed by the president of the town board of the town of Whitestown, Indiana, and attested by the clerk-treasurer of said town. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 1]

5.15.020 Regulations.

No table, alley, galleries or other device as described in this chapter shall be operated in any room having screens, blinds or other obstructions which shall obstruct or obscure the view into such room or rooms from the street adjacent thereto. No profane or obscene language shall be permitted to be used in said room and no intoxicated person or persons shall be allowed in said rooms where any of said games are conducted or allowed to be operated; none of said games shall be permitted or operated between the hours of 12:00 midnight and 5:00 a.m., nor on any part of any Sunday. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 2]

5.15.030 License.

Any person, firm or corporation applying for a license as herein provided shall make a written application with the clerk-treasurer of said town and shall describe in said application the room or rooms wherein said games are proposed to be held, and with such application shall deposit the fee for such license as hereinafter provided. Such licenses shall be issued by the clerk-treasurer, signed by the president of the town board and attested by the said clerk-treasurer, and shall be effective for one year from the date of its issuance, unless revoked within said time by said town board, The said town board may upon notice to the licensee herein and upon a hearing and sufficient cause, revoke any such license issued as herein provided and a violation of any of the provisions of this chapter or of any statute of the state of Indiana, on the part of the licensee herein or the permitting of vicious and disorderly conduct in said rooms, shall be sufficient cause for the revoking of such license. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 3]

5.15.040 Machines.

It shall be unlawful for any person, firm or corporation to operate for skill or amusement, within the corporate limits of the town of Whitestown, Boone County, Indiana, any machine, apparatus, table or device which operates mechanically, manually or electrically upon the insertion of a coin or slug, without first having procured a license to do so as hereinafter provided. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 4]

5.15.050 Schedule of fees.

The following schedule of license fees shall apply to each machine, apparatus, table or device installed by any person, firm or corporation to operate within the corporate limits of the town of Whitestown, Boone County, Indiana:

A. The license fee for the first two machines, apparatus, tables or devices or any combination thereof, shall be $3.00 each per month.

B. The license fee for three machines to five machines as set out in subsection A of this section shall be $3.00 each per month for the first two machines and $1.50 each per month for the next three machines.

C. The license fee for each machine between five and nine shall be $3.00 each per month for the first two machines; $1.50 each per month for the next three machines and $1.00 each per month for the next four machines.

A written application for such license shall be filed with the town clerk-treasurer, 10 days before such license shall issue and state the name of the applicant and place where such machine, apparatus, table or device shall be operated. Upon approval of such application by the board of trustees of said town, the clerk-treasurer shall issue a license to such applicant upon the payment of the fee as herein provided. Such license shall expire at 12:00 midnight on the last day of the month for which such license was issued, and no new application need be made after the first application has been approved by the board; but no machine, apparatus, table or device shall operate any succeeding month after the expiration of such monthly license, until the above prescribed fee has been paid to the clerk-treasurer of said town and a new license for that month has been issued, and such license shall not be transferable. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 5]

5.15.060 Revoking of license.

Each license issued hereunder is subject to the right, which is hereby expressly reserved, to revoke same by the board after a hearing in which said licensee shall be given a notice of three days which shall state the time and place of such hearing, should the licensee, directly or indirectly, suffer or permit said machine, apparatus, table or device to be used in any way contrary to the ordinances of the town of Whitestown, Indiana, and the statutes of the state of Indiana. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 6]

5.15.070 Fines.

Any person or persons violating this chapter or any provision thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not less than $25.00, nor more than $500.00. Upon the conviction of any offender for the violation of this chapter or any provision thereof, the court shall order the [chief of police] of said town to seize any machine, apparatus, table or device licensed by this chapter and involved in such cause, the same not being in possession of any peace officer of this state, and shall order the destruction of such machine, apparatus, table or device so seized by the [chief of police] of said town, and the court shall also order the destruction of any machine, apparatus, table or device as may be in custody of any peace officer of this state and involved in such case. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 7]

5.15.080 Exemption.

Any business now in existence which would be regulated by the terms of this chapter is exempt from the provisions, provided, however, upon any change in the operation thereof the provisions of this chapter shall apply. [Ord. 1984-05 § 10. Prior code Title 4, Art. 3, Ch. 1, § 7]