Title/Name/Summary
Village Code Amendment - Title 7 Chapter 6 Amusement Devices
History
Title 7 Chapter 6 of the Village Code, Amusement Devices, is amended to make this section consistent with other municipalities in the region, to achieve consistency with Title 7 Chapter 4 of the Village Code, Retail Liquor Establishments, and to reflect current practice.
Changes to 7-6-2
Currently, the Village of Orland Park requires a fee payment of $600 for automatic amusement device operator’s licenses, with an additional $300 per machine thereafter and a transfer fee from an original device to a replacement device of $100.
Research from other communities has indicated that the fees Orland Park requires are no longer considered mainstream. Tinley Park, for example, does not charge a license fee, and only charges a $50 fee per amusement device and per renewal. The Village of Schaumburg charges a $230 fee per entertainment license, set up as part of the business license fee. The City of Naperville charges $100 annually for an operator’s license and $50 per machine thereafter.
Using Naperville as the model code, the proposed amendments for Orland Park are to change the annual $600 automatic amusement device operator’s license to $100, with an additional $50 per machine thereafter. The transfer fee is proposed for a reduction to $50.
In addition to these changes a new provision was added under 7-6-2 which would require all new applications for automatic amusement device operator’s licenses to be approved by the Village Board. This change would reflect current practice.
Finally, rather than continue amending the Village Code each time an application is submitted for an automatic amusement device operator’s license, the amendments propose that twenty (20) licenses be available at all times, even if there are less than twenty businesses holding a license. All new license applicants would still require approval by the Village Board.
Changes to 7-6-3
Sub-section (E)6 is eliminated due to redundancy with Section 7-6-4 (I). Other changes to the section update the Village Code to reflect current practice in that it is the Development Services Department that deals with automatic amusement device operator’s licenses and not the Village Clerk’s Office or the Village Manager’s Office. Similar amendments are made throughout the Code.
Changes to 7-6-4
The Village Code currently does not allow the operation of any automatic amusement device within 600 feet of churches, schools, playgrounds or publicly owned recreational facilities. This provision is not consistent with Title 7 Chapter 4 distance requirements from the same uses for liquor licenses. Title 7 Chapter 4 requires a 100 foot distance separation. As an activity, the sale of liquor is weightier in terms of social impacts than the sale of amusement device entertainment. Amusement devices, therefore, should not be regulated more strictly than liquor. The provision, 7-6-4 (A) is thus amended to maintain a 100 foot separation between amusement devices and churches, schools and “parks”.
Under sub-section (C) the Code is updated to “prohibit operation of devices by persons under eighteen (18) unless that person is accompanied by an adult at least 21 years of age who is responsible for not more than six (6) such minors.” The current code effectively requires people up to 21 years old to be accompanied by a parent or legal guardian. The amendments will allow 18 years old to operate amusement devices without chaperones, and 21 year olds to chaperone those under 18. Adulthood is established at 18 years of age by the State, and consumption of liquor is permitted at 21 years of age. Amusement devices should not be regulated more strictly than liquor.
The current provision regarding “parents or legal guardians” does not technically allow a minor’s friends to be supervised by their parent or legal guardian, since the friends would also require their own parent or legal guardian for supervision. Thus the provision is obsolete and changed per the above.
Sub-sections (D) and (E) are eliminated entirely. D is eliminated because the section is typically not followed. Devices can often be found near food service areas. E is eliminated since it is not necessary to regulate the amount of devices per square footage when the Building Code regulates spatial requirements for ingress/egress, traffic, accessibility and occupancy loads among other factors.
Under sub-section (F) the provision regarding the maximum of thirty (30) devices per license for public operation is eliminated. Facilities capable of deploying more devices should be allowed to do so if all Building Code requirements are met. With regard to the Parental Advisory System for games, the Code is updated to permit “yellow” with a proper license, but the Village Board shall maintain the right to revoke the license for the yellow game if there are objections. The current Code requires the Board to approve and license all “yellow” games separately. However, it is more efficient to permit yellow games until there is a cause to deny that game.
In 7-6-8, language is re-worded for easier readability. The substance is unchanged. No further substantive changes were made to the Code.
On July 19, 2010 the Development Services and Planning Committee of Trustees was canceled due to a lack of quorum. The Chairman agreed to forward this petition to the full Board of Trustees.
This case is now before the Board of Trustees for final review/approval.
Recommended Action/Motion
I move to approve the proposed amendments to Title 7 Chapter 6, Amusement Devices, of the Village Code as fully referenced above.
THIS SECTION FOR REFERENCE ONLY (NOT NECESSARY TO BE READ)
I move to approve the proposed amendments to Title 7 Chapter 6, Amusement Devices, of the Village Code titled “Title 7 Chapter 6 Amusement Devices Exhibit A”, prepared by the Development Services Department, dated July 19, 2010.