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Chapter 10 AmusementsARLINGTON HEIGHTS MUNICIPAL CODE REVISED 10/01/11 CHAPTER 10 - AMUSEMENTS Article I Definitions and General Provisions Section 10-101 Definitions Section 10-102 General Application Section 10-103 Licenses Required Section 10-104 Applications Section 10-105 Inspections Section 10-106 Fees Section 10-107 Exceptions Section 10-108 Prohibited Locations Section 10-109 General Regulations Section 10-110 Gambling Section 10-111 Gross Receipts - Verification and Payment Section 10-112 Local Amusement Tax on Horse Race Meetings Article II Theaters, Cabarets and Night Clubs Section 10-201 Intent and Purposes Section 10-202 Definitions Section 10-203 License Required Section 10-204 Exceptions Section 10-205 Application Section 10-206 Fee Section 10-207 Regulations Article III Athletic Contests Section 10-301 Definition Section 10-302 License Required Section 10-303 Application Section 10-304 Fee Article IV Billiard Halls and Bowling Alleys Section 10-401 License Required Section 10-402 Application Section 10-403 Fee Section 10-404 Hours of Operation Section 10-405 Minors Article V Regulations for Mechanical Amusement Riding Devices and Circuses Section 10-501 General Regulations for Mechanical Amusement Riding Devices Section 10-502 Signal Systems Section 10-502 Electrical Requirements Section 10-504 Safety Section 10-505 Inspection Section 10-506 Permit Section 10-507 Insurance Section 10-508 General Regulations for Circuses Section 10-510 Bond Required AMUSEMENTS 2 REVISED 10/01/11 Section 10-511 Limitation on Number Section 10-512 Parades with a Circus Section 10-513 Penalty Article VI Circuses and Carnivals Section 10-601 License Required Section 10-602 Application Section 10-603 Fee Section 10-604 Parade Article VII Public Place of Amusement Section 10-701 Definition Section 10-702 License Required Section 10-703 Application Section 10-704 Fee Article VIII Public Dances Section 10-801 License Required Section 10-802 Application Section 10-803 Fee Article IX Exhibitions Section 10-901 License Required Section 10-902 Application Section 10-903 Investigations Section 10-904 Fees Section 10-905 Exceptions Section 10-906 Prohibited Locations Section 10-907 General Regulations Section 10-908 Gambling Section 10-909 Inspections Section 10-910 Penalty Article X Raffles Section 10-1001 Licensing Raffles Section 10-1002 Definitions Section 10-1003 Application Section 10-1004 Restrictions on Operations Section 10-1005 Restrictions on Licensees Section 10-1006 Conduct of Raffles Section 10-1007 Raffles-Manager-Bond Section 10-1008 Records Section 10-1009 Liability of Village Article XI Penalties Section 10-1101 Penalties ARLINGTON HEIGHTS MUNICIPAL CODE 3 REVISED 05/01/07 Article I Definitions and General Provisions Section 10-101 Definitions. Unless otherwise expressly stated, the following words or terms, for purposes of this Chapter, shall have the meaning indicated in this Section. a. Amusement. Any theatrical, dramatic, musical or spectacular performance; any motion picture show; any flower, poultry or animal show or animal act; any circus, rodeo, carnival or bazaar; any musical concert; any dance; any race, auto or aerial show; any athletic contest, game, sport or similar exhibition for public entertainment and/or participation, whether performed indoors or outdoors, or both. b. Premises. Any building, hall, auditorium, park, or place where an amusement is to be presented, performed or offered. Section 10-102 General Application. The regulatory provisions of this Article are applicable to all amusements licensed by this Chapter. Section 10-103 Licenses Required. No person shall own, promote, operate, conduct, manage or sponsor any amusement without first having obtained a license therefor. Section 10-104 Applications. Applications for a license to own, promote, operate, conduct, manage or sponsor an amusement made in conformity with the requirements of Chapter 9 of this Code relating to applications for licenses. Such applications shall also state the seating capacity of the premises where the amusement is to be presented or performed and the location where the coin operated amusement device is to be used. Section 10-105 Inspections. The Fire Chief, the Police Chief and the Director of Building and Zoning shall make or cause to be made such inspections as they deem necessary to determine whether the applicant's proposed operations and premises comply with all the applicable regulations of this Code relating to amusements, fire prevention, building and zoning and all other appli cable provisions of this Code. No license shall be issued to any applicant whose proposed operations and premises do not comply with the applicable provisions of this Code. The Village officials shall indicate on the application for a license the results of their inspections and their approval or disapproval of said application. This inspection procedure shall be followed for all license applications made under this Chapter. (Ord. #02-018, #06-078) Section 10-106 Fees. The daily fee for an amusement license under the provisions of this Article, for each day the amusement is to be performed or presented, shall be $25 or 3% of gross receipts on the paid admissions to the amusement, whichever is more. The annual fee for a coin operated amusement device license shall be $45 per device. When application is made for an amusement license for which 3% of gross receipts is the required fee, the applicant shall, with the application, post a cash bond or a surety bond to be approved by the Finance Director in an amount equal to 110% of the estimated fee, but in no event less than $2,500. The total amount of the fee due and owing shall be payable in accordance with Section 10-111. The remaining balance, if any, of the cash bond shall be returned to the applicant upon AMUSEMENTS 4 REVISED 03/04/02 filing of a verified statement required under Section 10-111. Any additional amounts shall be due and payable in accordance with Section 10-111 and the surety bond, if any, shall be released upon payment of all amounts due under the provisions of this Section. (Ord. #02-018) Section 10-107 Exceptions. A charitable, eleemosynary, fraternal or non-profit organization which complies with the requirements of this Section may receive any license required by this Chapter at no charge. Any such organization desiring a license under this section must first submit a sworn statement by a duly authorized officer to the Village Manager containing the following information: a. The name of the organization and the names and addresses of its officers; b. Where and when the organization was legally established, the form of the organization and its tax exempt status, if any; c. The purpose for which the organization is organized and the purpose or purposes for which the amusement is to be presented or performed; d. Whether the organization is authorized by any other government authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions; and e. The name and address of the person having custody of the financial records, books and accounts of the organization. The Village Manager shall grant such license to any organization operating, maintaining, promoting or conducting an amusement or coin operated amusement device the proceeds from which, after payment of reasonable expenses, shall inure exclusively to the benefit of a philanthropic, fraternal, charitable, eleemosynary or non-profit organization, society or institution including, but not necessarily limited to, those with religious, educational, health, youth, civic or patriotic purposes. The provisions of this Section shall not apply to any amusement operated, owned, or conducted by any person for any profit although sponsored or conducted under the auspices of any organization eligible under this Section. The provisions of this Section shall also not apply, and a request for a license may be denied, if the Village President and Board of Trustees determine that an amusement is likely to require unusual demands of the Village fire or police force or the Public Works Department, including, but not necessarily limited to, the attendance of a police officer on duty for more than one hour. Section 10-108 Prohibited Locations. No license shall be issued to any person who intends to present or perform any amusement on any premises within 200 feet of any church, hospital or building used exclusively for educational purposes; provided, however, that if any such premises were designed for the purpose of presenting an amusement and were built prior to the establishment of such church, hospital or building used exclusively for educational purposes, then, this Section shall not apply; and provided, further, that this Section shall not apply to a church, ARLINGTON HEIGHTS MUNICIPAL CODE 5 hospital or building used exclusively for educational purposes which has acquired a license to present or perform an amusement on its premises. Section 10-109 General Regulations. All persons licensed hereunder shall strictly comply with all State Statutes and all applicable regulations of this Code. Section 10-110 Gambling. No person shall gamble, bet or partake in games of cards or dice for any purposes in any building or hall used for amusement purposes. This section shall not apply to any pari-mutuel betting, bingo games or the sale of lottery tickets on a location licensed by the State of Illinois. Section 10-111 Gross Receipts - Verification and Payment. Any fee for a daily license which is based on gross receipts shall be paid within seven after the date of such amusement. Any fee for an annual license based on gross receipts must be paid within 30 days following December 31. A sworn statement of the gross receipts for each period shall be filed with the Finance Director within the above period. Acceptance by the Village of any amount tendered in payment of the fee shall be without prejudice to any claim, demand or right of account of any deficiency. Canceled admission tickets and complete and accurate books, records and accounts in detail of all such gross receipts shall be kept by the licensee, and the Finance Director or designee shall have access to the books, records and receipts at all reasonable times for purposes of audit. Section 10-112 Local Amusement Tax on Horse Race Meetings. There is hereby imposed on any horse race meeting at a racetrack wholly within the corporate limits of the Village which is licensed by the Illinois State Racing Board, a local amusement tax of ten cents for each admission to each such horse race meeting. The tax levied hereunder shall be payable to the Village every 30 days following the opening of the horse race meeting and payable within each 30 day period thereafter. The first installment shall be for the amusement tax collected for the first thirty-day period or portions thereof. Provided, however, that no charge shall be made on tickets of admission issued to and in the name of directors, officers, agents or employees of the licensee, or to owners, trainers, jockeys, and their employees or to any person or persons entering the grounds or enclosure for the transaction of business in connection with such race meeting. The licensee may, if it desires, collect such amount from each ticket holder in addition to the amount charged for a ticket of admission. A verified statement of the number of admissions for each period shall be filed with the Finance Director at the time of each payment. Acceptance by the Village of any amount tendered in payment of the tax shall be without prejudice to any claim, demand or right of account of any deficiency. Complete and accurate books, records and accounts in detail of all such admissions shall be kept by the party licensed to conduct a race horse meeting and the Finance Director or designee shall have access to such books, records and receipts at all reasonable times for purposes of an audit. Article II Theaters, Cabarets and Night Clubs Section 10-201 Intent and Purposes. The purpose of a theater, cabaret or nightclub license is to require a permit for entertainment offered beyond music which is incidental to food service. Generally, the criteria for requiring an establishment to obtain a cabaret, theater or nightclub ARLINGTON HEIGHTS MUNICIPAL CODE 6 REVISED 05/01/07 license is that a separate charge is levied by the licensee for the entertainment, exhibition or performance. The offering of a special menu or increased price for drinks in conjunction with any entertainment is considered a separate charge for entertainment, exhibition or performance. Section 10-202 Definitions. The following terms, when used in this Article, shall have the meanings set forth below: a Theater, cabaret, or night club. Any establishment offering entertainment, exhibition or performance, musical, dramatic, vaudevillian, satirical or variety in nature, including the use of Karaoke machines, or any moving picture show or musical concert. Such entertainment, exhibition or performance may be offered in a theater or restaurant with or without the serving of food or drinks. b. Background music. Music, including singing, which is provided by the management for the enjoyment of diners incidental to food service. Background music is distinguished from "entertainment, exhibition or performance" in that there is no charge for background music nor is there any difference in the menu or other costs whether or not the background music is available. c. Any non-musical exhibition or performance, including, but not limited to the following, is considered "entertainment, exhibition or performance" within the context of that requiring a cabaret, theater or night club license: magic acts, fashion shows, acrobatics, movies (except those shown on television sets), plays, dramatics, skits, athletic contests or any performance which includes a master of ceremonies or announcer. Section 10-203 License Required. No person shall operate a theater, cabaret or nightclub without first having obtained a license therefor. Section 10-204 Exceptions. The playing of background music in a restaurant, whether recorded or live, and provision of facilities for dancing while listening to background music, does not constitute operating a theater, cabaret or nightclub. Section 10-205 Application. An application for a license to operate a theater, cabaret or nightclub shall be made in conformity with the general requirements of this Code relating to applications for licenses. Such applications shall also state the seating capacity of the premises where it is intended to produce the exhibition, entertainment or performance. (Ord. #06-078) Section 10-206 Fee. The annual fee for a license to operate a theater, cabaret or nightclub at a specified place or building until December 31 next following shall be $575. The daily fee for a license to operate a theater, cabaret or nightclub shall be $25 for each day the theatrical is to be performed or presented. Section 10-207 Regulations. Every holder of a theater, cabaret or night club license shall comply strictly with all the regulations of this Code relating to amusements, the sale of alcoholic liquor, fire prevention, the public morals and all other applicable provisions of this Code. ARLINGTON HEIGHTS MUNICIPAL CODE 7 REVISED 05/01/07 Article III Athletic Contests Section 10-301 Definition. Athletic contest, when used in this Article, shall mean any race between persons, vehicles or animals or any baseball, football, basketball, softball, boxing, wrestling or other athletic exhibition for which the public pays admission and is admitted to participate or view. Section 10-302 License Required. No person shall own, operate, present, sponsor or promote any athletic contest without first having obtained a license therefor. Section 10-303 Application. An application for a license to own, operate, present, sponsor or promote an athletic contest shall be made in conformity with the general requirements of this Code relating to applications for licenses. The application shall also specify the seating capacity of the premises where such athletic contest is to be performed or presented. (Ord. #06-078) Section 10-304 Fee. The fee for any athletic contest license shall be $175 or 3% of gross receipts on the paid admissions to the athletic contest, whichever is more. Article IV Billiard Halls and Bowling Alleys Section 10-401 License Required. No person shall own, operate, maintain, or conduct any billiard, pocket billiard, bagatelle, pool or pigeon table or bowling alley open to the public without first having obtained a license therefor. Section 10-402 Application. An application for a license to own, operate, manage or conduct a billiard, pocket billiard, bagatelle, pool or pigeon table or bowling alley shall be made in conformity with the general requirements of this Code relating to applications for licenses. (Ord. #06-078) Section 10-403 Fee. The annual fee for a bowling alley license shall be $29 per lane. The annual fee for a billiard, pigeon, bagatelle or pool table license shall be $115 per table. (Ord. #02-091) Section 10-404 Hours of Operation. No person licensed to own, operate, manage or conduct a bowling alley under this Article shall permit the bowling alley to be used, open for business or operated between the hours of 1:00 A.M. and 6:00 A.M. No building or hall containing, operating or maintaining a billiard, pocket billiard, pool, bagatelle, or pigeon hold table shall remain open for business of any kind between the hours of 1:00 A.M. and 6:00 A.M.; provided, however, that if the tables are an ancillary use to a restaurant, the restriction on hours set forth in this paragraph will not apply. Section 10-405 Minors. No person licensed to own, operate, maintain or conduct any billiard, pocket billiard, pool or pigeon table shall permit any minor under the age of 16 years to enter the premises where such amusements are maintained, operated or conducted, except upon the written permission of the parents or guardian of such minor. AMUSEMENTS 8 REVISED 10/01/11 (Ord. #11-034) Article V Regulations for Mechanical Amusement Riding Devices and Circuses Section 10-501 General Regulations for Mechanical Amusement Riding Devices. a. All equipment and installation shall meet the requirements of the Carnival and Amusement Rides Safety Act (430 ILCS 85/1 et al). b. All riding devices shall be fenced, enclosed, barricaded or otherwise guarded, at exits and entrances for public protection. c. Amusement rides or grandstand shall be erected on stable ground or on a surface that has a slope not exceeding one inch in 12 inches except as approved by the Director of Building. The use of shim blocks shall be kept to a minimum. Section 10-502 Signal Systems. Signal systems for the starting and stopping of amusement riding devices shall be provided where the operator of the device does not have a clear view of the point at which passengers are loaded or unloaded. Any code of signals adopted shall be printed and kept posted at both the operator's and signalman's stations. All persons who may use these signals shall be carefully instructed in their use. Signals for the movement or operation of an amusement device shall not be given until all passengers and other persons who may be endangered are in a position of safety. Section 10-503 Electrical Requirements. a. All mechanical amusement riding devices shall be provided with electric lighting if they are to be used after sunset. b. Complete electrical layout must be furnished to the Director of Building and the Fire Department for approval prior to installation. c. An emergency lighting system, approved by the Director of Building, to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee. d. For grounding requirements, see Chapter 25 of the Arlington Heights Municipal Code relating to electricity. e. All mechanical amusement riding devices shall be installed in accordance with Chapter 25 of the Arlington Heights Municipal Code relating to electricity. Section 10-504 Safety. a. During a lightning storm, high wind storm, a period of tornado alert or warning, fire or when violence, riot or other civil disturbance occurs or threatens in an amusement park or carnival lot or in the area adjacent thereto, passengers shall be unloaded or evacuated from a ride or device and the ride or device shut down and secured immediately. Operation shall not resume until the situation has returned to a normal, safe operating condition. ARLINGTON HEIGHTS MUNICIPAL CODE 9 REVISED 10/01/11 b. No ride or device shall not be closer than ten feet from over head power lines. c. If water is required a meter and check valve shall be obtained from the Village of Arlington Heights public works Department. Section 10-505 Inspection. a. Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible to meet the requirements of the State of Illinois Department of Labor, Carnival and Amusement Ride Inspection Division, and for keeping the area or parcel of land used for the amusement activity, including off-street parking areas, free and clear of all rubbish, waste matter and debris during the time such amusement is carried on or conducted and the time of departure from the area. b. Permittee shall abide by the regulations set forth by the Arlington Heights Municipal Code Fire Regulations regarding the proper number and type of fire extinguishers; proper storage of flammables in properly identified containers; proper posting of "No Smoking” signs and such other necessary regulations as the Code requires for the safety and welfare of the general public. Section 10-506 Permit. (Ord. #06-078) a. It shall be unlawful to erect, construct or operate any mechanical amusement riding devices in connection with a carnival without first securing a permit for same from the Director of Building. The fee shall be $100 a day for each day in operation, with a minimum fee of $400. b. Prior to issuance of a permit, applicant must submit a layout plan establishing where each ride and tent is to be located, along with a detailed electrical layout. This layout shall be approved by the Police Chief, Fire Chief, Director of Building, Superintendent of Public Works, and property owner. c. Every permit application for a mechanical amusement riding device shall be accompanied by a letter from the organization sponsoring the carnival, a letter from the owners of the property where the rides are to be located, and a description of the toilet facilities; also a street permit when a mechanical amusement riding device is to be located upon a public way. d. Every carnival permit and inspection for a mechanical amusement-riding device shall be for a term certain, but not to exceed 14 days. A renewal of every carnival permit and reinspection for a mechanical amusement-riding device shall be made every 14 days. Section 10-507 Insurance. Every permit application for a mechanical amusement riding device shall be accompanied by a certificate of insurance, which will include coverage of the Village, the Director of Building, and his or her agents, in an amount of $100,000 for any one person and $1,000,000 for any one accident, and $25,000 Property Damage, to be filed with the Finance Director. Section 10-508 General Regulations for Circuses. No person, firm or corporation shall conduct or operate a circus in the Village without having first obtained a license. The application for such AMUSEMENTS 10 REVISED 10/01/11 license shall be made to the Village and shall specify the place in or on which the circus is to be conducted. The application shall also state the seating capacity of the place where such amusement is to be performed or exhibited. The fee for the circus license shall be $175 per day or 3% of gross receipts including parking, whichever is greater. Section 10-509 Inspection of Circuses. It shall be the duty of the Director of Building, or designee, and the Fire Chief to inspect the circus premises prior to any performance for the purpose of ascertaining compliance with all municipal ordinances. All tents and grandstands shall conform with National Fire Protection Association Standard Number 102. Adequate ventilation must be provided for tents. Four exits shall be required for a tent with a seating capacity of more than 1,000. Exits shall be clearly marked. Stands shall be of substantial construction and erected in a manner which will sustain the weight to be placed upon them. Adequate fire extinguishers shall be provided on the premises. Section 10-510 Bond Required. It shall be unlawful for any person to conduct a circus in the Village unless the application for license shall be accompanied by a bond in the sum of $100,000, conditioned to indemnify the Village for any loss, damage or liability incurred or caused by the conduct of such circus. Section 10-511 Limitation on Number. Not more than one circus or carnival shall be permitted to operate within the Village on any day. If two or more applications for circus or carnivals are made for the same day, the first application received which meets the requirements of this Code shall be granted, and another date assigned to any subsequent application which meets the requirements of this Code. Section 10-512 Parades with a Circus. No person shall conduct any parade connected with a circus on any public street, alley or other public way or place in this Village unless a permit is first obtained from the Village Manager. The permit shall specify the route to be followed and shall be issued only upon presentation of liability insurance on the operation of the circus, including the parade, for a combined single limit of $500. Such insurance should also include automobile insurance on any vehicle operated in connection with the circus in the parade or elsewhere for a limit of not less than $250,000 one person/$500,000 one accident of bodily injury and $100,000 for property damage. Such insurance policies shall bear the endorsement naming the Village as an additional insured, and shall include a Certificate of Insurance stipulating that the coverage may not be cancelled or materially changed during the term of the permit. Section 10-513 Penalty. Any person, firm or corporation violating any of the provisions of this Article shall be fined not more than $500 for each such offense. Article VI Circuses and Carnivals Section 10-601 License Required. No person shall conduct, operate or promote a carnival, sideshow, menagerie or circus without first having obtained a license. Section 10-602 Application. An application for a license to operate, manage or conduct any carnival, menagerie, side show, or circus shall be made in conformity with the general requirements of this Code relating to applications for licenses. The application shall also state the seating capacity of the place where such amusement is to be performed or exhibited. (Ord.#02-018, #06-078) ARLINGTON HEIGHTS MUNICIPAL CODE 11 REVISED 10/01/11 Section 10-603 Fee. The fee for a circus license shall be $175 per day or 3% of gross receipts including parking; whichever is greater. Section 10-604 Parade. No person shall conduct any parade connected with a circus on any public street, alley or other public way or place in this Village unless a permit is first obtained from the Village Manager. The permit shall specify the route to be followed and shall be issued only upon presentation of liability insurance on the operation of the circus, including the parade, for a combined single limit of $500. Such insurance should also include automobile insurance on any vehicle operated in connection with the circus in the parade or elsewhere for a limit of not less than $250,000 one person/$500,000 one accident of bodily injury and $100,000 for property damage. Such insurance policies shall bear the endorsement naming the Village as an additional insured, and shall include a Certificate of Insurance stipulating that the coverage may not be cancelled or materially changed during the term of the permit. Article VII Public Place of Amusement Section 10-701 Definition. Public place of amusement, when used in this Article, shall mean any building, hall or place to which the public is admitted to engage in or witness any of the following amusements: ice or roller skating, mechanical baseball pitching, golf driving range, miniature golf range or public dances. Section 10-702 License Required. No person shall maintain, conduct, operate or manage for profit any public place of amusement without first having obtained license therefor. Section 10-703 Application. An application for a license to maintain, conduct, operate or manage for profit a public place of amusement shall be made in conformity with the general requirements of this Code relating to application for licenses. Such applications shall also state the seating capacity and the number of participants who can be accommodated on the premises of the public place of amusement. (Ord. #06-078) Section 10-704 Fee. The annual fee for a public place of amusement license shall be $175 or 3% of gross receipts on the paid admissions to public place of amusement, whichever is more. (Ord. #09-038) Article VIII Public Dances Section 10-801 License Required. No person shall operate or conduct a public dance in the Village without first having obtained a license therefor. Section 10-802 Application. An application for a license to operate or conduct a public dance shall be made in conformity with the general requirements of this Code relating to applications for licenses. Such application shall also state the location of the proposed dance or dances and the person or organization sponsoring the same. (Ord. #06-078) Section 10-803 Fee. The fee for a license to operate or conduct a public dance to be held in any one premises shall be $115 for each dance; provided, however, that if the person or organization sponsoring such public dance has paid a total of $575 for such licenses for public dances on the same premises within one calendar year, additional licenses may be issued to such persons or organizations AMUSEMENTS 12 REVISED 10/01/11 for additional public dances on the same premises for a fee of $5 for each dance. Notwithstanding the provisions of this Section, no additional license fee will be charged if a person is already licensed under Article VI of this Chapter. Article IX Exhibitions Section 10-901 License Required. No person shall own, promote, operate, conduct, manage or sponsor any exhibition in the Village without first having obtained a license therefor. Section 10-902 Application. An application for a license to operate or conduct an exhibition shall be made 15 days prior to opening date of said exhibition in conformity with the requirements of this Code. Such applications shall also state location and dates of exhibition. Section 10-903 Investigations. The Director of Building and Zoning shall make or cause to be made such investigations as deemed necessary to determine whether the applicant's proposed operations and premises comply with all the applicable regulations of this Code relating to exhibitions, fire prevention, building and zoning and all other applicable provisions of this Code. Village officials shall indicate on the application for a license the results of their investigations and their approval or disapproval of said application. This investigation procedure shall be followed for all license applications made under this Chapter. (Ord. #06-078) Section 10-904 Fees. The daily fee for an exhibitor's license under provisions of this Article, for each day the exhibition is presented, shall be $115 if the exhibition is conducted on private property; and $12 if the exhibition is conducted on public property. All applicable fees shall be paid five days prior to opening of the exhibition and said fee shall be the obligation of the licensee. The maximum license fee applicable herein shall be $860. (Ord. #06-078) Section 10-905 Exceptions. A charitable, eleemosynary, fraternal or non-profit organization which complies with the requirements of this Section may receive any license required by this Chapter at a nominal fee of $6. Any organization desiring a $5 license under this Section must first submit a sworn statement by a duly authorized officer to the Village Manager containing the following information: a. The name of the organization and the names and addresses of its officers; b. Where and when the organization was legally established, the form of the organization and its tax exempt status, if any; c. The purpose for which the organization is organized and the purpose or purposes for which the exhibition is to be presented or performed; d. Whether the organization is authorized by any other government authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions; and e. The name and address of the person having custody of the financial records, book and accounts of the organization. ARLINGTON HEIGHTS MUNICIPAL CODE 13 REVISED 10/01/11 The Village Manager shall grant such license to any organization operating, maintaining, promoting or conducting an exhibition the proceeds from which, after payment of reasonable expenses, shall inure exclusively to the benefit of a philanthropic, fraternal, charitable, eleemosynary or non-profit organization, society or institution including, but not necessarily limited to, those with religious, educational, health, youth, civic or patriotic purposes. The provisions of this Section shall not apply to any exhibition operated, owned or conducted by any person for any profit although sponsored or conducted under the auspices of any organization eligible under this Section for the nominal license fee of $5. The provisions of this Section shall also not apply, and a request for a $5 license fee may be denied, if the Village President and Board of Trustees determine that an exhibition is likely to require unusual demands of the Village Fire or Police force or the Village Public Works Department, including, but not necessarily limited to, the attendance of a policeman on duty for more than one hour. Section 10-906 Prohibited Locations. No license shall be issued to any person who intends to present or perform any exhibition on any premises within 200 feet of any church, hospital or building used exclusively for educational purposes; provided, however, that if any such premises were designed for the purpose of presenting an exhibition and were built prior to the establishment of such church, hospital or building used exclusively for educational purposes, then this Section shall not apply; and provided further, that this Section shall not apply to a church, hospital or building used exclusively for educational purposes which has acquired a license to present or perform an exhibition on its premises. Section 10-907 General Regulations. All persons licensed hereunder shall strictly comply with all State Statutes and all applicable regulations of this Code. Section 10-908 Gambling. No person shall gamble, bet or partake in games of cards or dice for any purpose, in any building or hall used for exhibition purposes. This Section shall not apply to any pari-mutuel betting on a location licensed by the State of Illinois. Section 10-909 Inspections. The Director of Building and Zoning and the Director of Health shall inspect or cause to inspect as often as deemed necessary, the operations and premises of any licensee under this Chapter to determine whether all applicable provisions of this Code are being complied with. Section 10-910 Penalty. Any person violating any of the provisions of this Chapter shall be fined not less than $5 nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Article X Raffles Section 10-1001 Licensing Raffles. A system is hereby established for the licensing of organizations to operate raffles within the boundaries of Arlington Heights, pursuant to 230 ILCS 15/1 et seq. as amended, the provisions of which are hereby incorporated herein by reference. Section 10-1002 Definitions. For the purpose of this Article, the following definitions apply: AMUSEMENTS 14 REVISED 10/01/11 a. Charitable. An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public. b. Educational. An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorable in their scope and intensity with the course of study presented in tax-supported schools. c. Fraternal. An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government. d. Labor. An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations. e. Non-profit. An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to any one as a result of the operation. f. Religious. Any church, congregation, society, or organization founded for the purpose of religious worship. g. Veterans. An organization or association comprised of members of which substantially are all individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit. (Ord.#02-018) Section 10-1003 Application. An application for license to operate a raffle shall be made in conformity with the general requirements of this Code relating to applications for licenses. The Village Manager shall cause a license to be issued upon compliance with the provisions of this Article. The applicant may appeal a decision of the Village Manager in the manner provided by this Code. The application shall be in a form provided by the Village and shall contain such pertinent information as the Village Manager shall require in order to determine compliance with the provisions of this Code and the Statutes of the State of Illinois. Section 10-1004 Restrictions on Operations. Any raffle license issued pursuant to the provisions of this Article shall be subject to the following restrictions: a. The aggregate retail value of all prizes and merchandise awarded by a licensee in a single raffle shall not exceed $100,000; b. The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed $50,000; c. The maximum price which may be charged for each raffle chance issued or sold shall not exceed $100; ARLINGTON HEIGHTS MUNICIPAL CODE 15 REVISED 10/01/11 d. The maximum number of days during which chances may be issued or sold shall not exceed 180 days. The restrictions set forth above may be varied by the Village Board upon showing of unusual circumstances or hardship. Licenses to operate raffles shall be granted only to bona fide religious, charitable, labor, fraternal, educational or veteran's organizations that operate without profit to their members, and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during the entire five year period, a bona fide membership engaged in carrying out their objects or to a non-profit fundraising organization that the licensing authority determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident, or disaster. Section 10-1005 Restrictions on Licensees. The following further restrictions apply with respect to the issuance of licenses: a. The license and application for license must specify the area or areas within the Village where the raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the locations at which winning chances will be determined; b. The license application must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization; c. The application for license shall be prepared in accordance with applicable provisions of this Code; d. A license authorizes the licensee to conduct raffles as defined in this Article. e. The following are ineligible for any license under this Article: 1. any person who has been convicted of a felony; 2. any person who is or has been a professional gambler or gambling promoter; 3. any person who is not of good moral character; 4. any firm or corporation in which a person defined in 1, 2, or 3 has a proprietary, equitable or credit interest, or in which such a person is active or employed; 5. any organization in which a person defined in 1, 2 or 3 is an officer, director, or employee, whether compensated or not; 6. any organization in which a person defined in 1, 2 or 3 is to participate in the management or operation of a raffle as defined in this Article. AMUSEMENTS 16 REVISED 10/01/11 Section 10-1006 Conduct of Raffles. The conducting of raffles is subject to the following restrictions: a. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game; b. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle; c. No person may receive any remuneration or profit for participating in the management or operation of the raffle; d. A licensee may rent premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this Chapter, or a non-profit corporation or organization approved in the license, or a commercial entity approved in the license, but only if no rent or other charge is made or to be made for the renting of the premises above the lowest rates that are being charged by the entity for use of the same space. e. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license; f. No person under the age of 18 years may participate in the conducting of raffles or chances. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his parent or guardian. Section 10-1007 Raffles - Manager - Bond. The operation and conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager shall give a fidelity bond in the sum of an amount equal to the total value of prizes to be awarded in favor of the organization conditioned upon honesty in the performance of duties. Terms of the bond shall provide that notice shall be given in writing to the Village not less than 30 days prior to its cancellation. The Village may waive this bond requirement by including a waiver provision in the license issued to an organization under this Article, provided that a license containing such waiver provision shall be granted only by unanimous vote of the numbers of the Village Board. Section 10-1008 Records. Each organization licensed to conduct raffles shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment. Gross receipts from the operation of raffles shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same non- profit organization pursuant to license therefor issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization. ARLINGTON HEIGHTS MUNICIPAL CODE 17 REVISED 10/01/11 Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the Village, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this Section. Records required by this Section shall be preserved for three years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places. Section 10-1009 Liability of Village. The issuance of license hereunder shall not constitute an endorsement by the Village of any raffle. The Village shall not be liable to any person, firm or organization for any claim, damage or liability arising from holding of raffle pursuant to license. The licensee by account of the license agrees to indemnify and hold harmless the Village for such claims. Article XI Penalties Section 10-1101 Penalties. Any person, firm or corporation violating any of the provisions of this Chapter shall be fined not less than $5 nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or in which a violation occurs or continues.