ORDINANCE NO The City Council of the City of Fort Atkinson does hereby ordain as follows:

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1 ORDINANCE NO. 746 The City Council of the City of Fort Atkinson does hereby ordain as follows: That Chapter 22, BUSINESSES, Article III, Amusement Arcades, Secs through be deleted in its entirety. ARTICLE III. - AMUSEMENT ARCADES DIVISION 1. - GENERALLY Sec 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: Amusement arcades means any premises upon or in which ten or more amusement devices are located, operated by any individual, organization or corporation as the owner, lessee or occupant of the building. Games of amusement include but are not limited to game devices commonly known as baseball, football, basketball, hockey, shuffleboard, ray guns, bowling games, bumper games, skee-ball, electronic video and billiard and pool tables (whether coin-operated or not) and other similar devices. Amusement device means any machine, game, table or device used which is designed, intended or used as a test of skill or entertainment, and may be operated by the manipulation of buttons, dials, trigger devices or electrical impulses upon the insertion of a coin or token, or the use of which is made available for any valuable consideration; and such amusement device shall include but not be limited to devices commonly known as pinball machines, video games, electronic games, pool or billiard tables and all games or operations similar thereto under whatever name they may be indicated. Such definition does not include a bowling alley, coinoperated music machines, mechanical amusement riding devices, coin-operated vending machines or coin telephones. Operator means any person owning, operating or leasing an amusement device installed or set up for the use in the city. Sec Penalties. (a) (b) First offense. Any person who violates any provision of this article for which a specific penalty is not provided shall be subject to section Any license or permit issued under this article may be revoked by the court. Subsequent offenses. If a person is convicted of a second or subsequent offense to which subsection (a) of this section applies, in the same license year as a prior

2 conviction to which subsection (a) of this section applies, in addition to the penalties provided for the offense under subsection (a) of this section, any license or permit issued to this person under this article shall be forfeited without notice; and the person shall forfeit the right to purchase any stamps from the department of revenue. Secs Reserved. DIVISION 2. - LICENSE Sec Application. Application for a license to be issued under this article shall be made to the finance director on forms supplied for such purpose by the finance director. The application shall include the following information: (1) The name and address of the applicant, or, if a partnership, the names and addresses of all the partners, or, if a corporation, the names and addresses of the principal officers and registered agent thereof, and the name and address of the person who will supervise the amusement arcade. (2) The names and addresses of the owners of the amusement devices to be located on the licensed premises if such owners are different from that of the applicant. If the owners of the amusement devices are a partnership, the names and addresses of all the partners, or if a corporation, the names and addresses of the principal officers and registered agent thereof. (3) A building plan of the premises to be licensed specifically describing and otherwise showing all dimensions, indicating the intended division of floor space, exits and entrances, the areas to be used for amusement devices and the common aisles. (4) All necessary plan commission requirements for conditional use application. (5) If the applicant operates other amusement arcades in other areas, the names and addresses of such other establishments. (6) Information regarding whether or not the applicant or any partner, principal officer, registered agent or supervisor thereof has ever been denied a license to operate an amusement arcade, and if so, the reasons therefor; or has ever suffered the suspension or revocation of such license, and the reason therefor; or has ever been convicted of a felony or misdemeanor substantially related to the operation of an amusement arcade. (7) Such additional information as the city deems necessary to assist it in determining the qualifications of the applicant for such license. Sec Application and license fees. The application required in this article shall be accompanied by an application fee as set forth in chapter 110, which shall cover the cost of processing the application and shall be nonrefundable. No such license may be delivered to the applicant until the applicant remits the annual license fee as set forth in chapter 110.

3 Sec Police investigation. As soon as practicable after receipt of an application, the chief of police shall cause an investigation to be made of the applicant and of the premises proposed to be licensed under this article. The chief of police shall determine whether or not the information set forth in the application is true and whether or not the applicant, his/her principal officers, agents or supervisors, has ever been convicted of a felony or misdemeanor substantially related to the operation of an amusement arcade. The police department is authorized to request further information from the applicant if deemed necessary in order to reach a determination with respect to the application. In the absence of unusual circumstances requiring additional time, the police investigation shall be completed and the findings submitted in writing and accompanied by a recommendation regarding the application to the finance director within 14 days after the investigation has commenced. If the police department finds that the applicant has submitted false information in the application, or that applicant, the principal officers, agents or supervisors are persons who had been convicted of a felony or misdemeanor substantially related to the operation of an amusement arcade, the application for a license may be subject to denial. Sec Denial of application. The application for a license may be denied as to a particular location within the city whenever the council finds the location and physical layout of the premises and layout characteristics are such that it would be against the health, safety or general welfare of the public to permit the operating of amusement games for public use in that granting the license for the particular location: (1) Will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood. (2) Will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood. (3) Will cause a substantial depreciation in the value of the property in the immediate neighborhood. (4) Will be closer than 1,000 feet from the main entrance of any established public or parochial school. (5) Will constitute a public or private nuisance. (6) Is not in the best interest of the community in that it is not compatible with good planning development of the area. (7) Would condone the licensee's delinquency in payment of personal and real property tax. Sec Revocation of license.

4 The council may suspend or revoke any license issued pursuant to this article, at any time, for any reasonable cause, which shall be in the best interests and good order of the city, provided the licensee shall be accorded due process of law. Secs Reserved. DIVISION 3. - RULES AND REGULATIONS Sec General requirements. The following general requirements shall apply to all amusement arcades licensed in accordance with this article: (1) All amusement arcades shall have a supervisor on the premises at all times in which the amusement arcade is open to the public. This supervisor must be at least 18 years of age and be able to provide supervision necessary to maintain proper order. This supervisor shall be responsible for all activities that occur on the premises. (2) Every amusement arcade shall provide an adequate area and number of bicycle racks for the orderly parking of bicycles, which area shall be separate from a required vehicle parking space and shall be so located as to not occupy any portion of a public sidewalk or to otherwise obstruct pedestrian passage to and from the premises. (3) No amusement arcade shall be licensed unless and until the location of the same has been approved by the city plan commission pursuant to sections and et seq. (4) Amusement arcades licensed in this article shall comply with all other building codes, fire codes and applicable city ordinances and regulations. (5) The following general operating requirements shall apply to the operation and maintenance of amusement arcades: a. No amusement device shall be permitted where the reward for skill in the operation thereof is not plainly posted upon each such machine or device that is not the same for each individual player. b. No gambling or individual wager on any amusement device shall be permitted; and if any such device provides replays, no such person shall buy back replays. c. No amusement device shall be placed in any required exit path of travel. d. No person registered as a student in a secondary or elementary school shall be permitted on the premises of an amusement arcade during the hours that the person's school is in session. e. An amusement arcade shall not be open for business and shall not permit operation of any amusement device on the premises except during those times specifically listed on the application for the amusement arcade license. In granting or renewing the license, or upon the request of two councilmembers, or the city manager, the council may amend the hours the amusement arcade is allowed to be open for business. Hours of operating shall not be in conflict with curfew ordinances, chapter 58, article V; and such hours shall be prominently posted on all licensed premises.

5 f. The interior of an amusement arcade shall be clearly within view from the outside. g. In no event shall card playing be permitted on such licensed premises even if such card playing is for social purposes. h. No person, while in the premises licensed under this article, shall have in his/her possession any intoxicating liquor or fermented malt beverages unless the operator of the premises has obtained a class "B" fermented malt beverage or intoxicating liquor license from the city. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect and be in force from and after the date of its passage and publication. Adopted: March 1, ATTEST: Pres. of the City Council Michelle Ebbert, City Clerk