(A) No person, firm, or corporation shall manage, conduct, produce, personally operate, or carry on any public amusement or public places of amusement without having obtained a license therefor.
(B) For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
(1) “Public amusement” means any occasion to which the public generally may be admitted upon payment of an admission fee or other charge whether direct or indirect, to witness or participate in any theatricals, exhibitions, movies, amusements, circuses, carnivals, shows, dancing, or entertainment.
(2) “Public place of amusement” means any building, hall, theatre, room, place, or enclosure where public amusements are carried on. (‘68 Code, § 113.001) Penalty, see Section 113.999

Admission to all public entertainment or amusement shall be by ticket. The ticket shall bear printed thereon in plain figures its price and no ticket shall be sold by or for any licensee for more than the price printed or stamped thereon. (‘68 Code, § 113.010) Penalty, see Section 113.999

No obscene, lewd, or immoral exhibitions shall be given at any public place of amusement or include any public entertainment nor shall there be any dancing of an immoral character permitted in any dance hall. (‘68 Code, § 113.015) Penalty, see Section 113.999

Every public place of amusement shall provide adequate exits in case of fire and shall at all times keep aisles or approaches to the exits free and unobstructed. (‘68 Code, § 113.020) Penalty, see Section 113.999

Cross-reference: Fire prevention, see Ch. 93.

Places from time to time shall be inspected by the certified fire inspector of the fire protection district or chief of police who shall immediately report to the city council any conditions in any places which render them hazardous in case of fire. The council shall thereupon by appropriate resolution fix requirements as necessary to remove the hazard. The requirements shall immediately be communicated to and carried out by the licensee. (‘68 Code, § 113.025; Am. Ord. 1627, passed 4-20-04) Penalty, see Section 113.999

Cross-reference: Fire prevention, see Ch. 93.

Every public place of amusement shall be kept in a clean and sanitary condition with sufficient toilet and plumbing facilities for the health, safety, and comfort of its patrons and shall provide adequate ventilation to afford clean fresh air to its patrons at all times. (‘68 Code, § 113.030) Penalty, see Section 113.999

No person who is intoxicated, boisterous, or guilty of obscene, immoral, or lewd conduct shall be admitted or permitted to remain in any public place of amusement. (‘68 Code, § 113.035) Penalty, see Section 113.999

Every applicant for a license for a place of public amusement shall furnish a bond to the city in the sum equivalent to the license conditioned upon the faithful observance of all ordinances of the city relevant to the business or place and all regulations properly imposed thereon. It shall be conditioned to indemnify the city from any liability which may be imposed upon it by reason of the existence, use, or condition of repair of the place or approaches or abutting sidewalks. (‘68 Code, § 113.040) Penalty, see Section 113.999

The license fee provisions of this chapter shall not apply to religious, educational, or charitable organizations or to any entertainment the entire net proceeds of which are donated to charity. (‘68 Code, § 113.045) Penalty, see Section 113.999

(A) No person shall use, maintain, or conduct any public place for the playing of billiards, pool, or kindred games on billiard tables or supply, conduct, or offer for the use of the public any hall or bowling alley without having obtained a license therefor.
(B) The license fee for the operation of a pool and billiard hall shall be $100 per year plus an additional $50 per year per table where more than two billiard or pool tables are used on the licensed premises.
(C) The license fee for the operation of a bowling alley shall be $15 per lane year.
(D) An application for a license should be made to the mayor and on his approval of the application the license shall be issued and shall permit the operation of the pool and billiard hall or bowling alley. (‘69 Code, § 113.100; Am. Ord. 977, passed 4-22-87; Am. Ord. 1147, passed 4-7-92) Penalty, see Section 113.999

(A) No minors under the age of 18 years shall under any circumstances frequent, loiter, go to, or remain in any pool and billiard halls licensed hereunder unless it be on some lawful errand and sent by the direction and with the consent and knowledge of the parent, guardian, or other person having the lawful custody of the minor. It shall be unlawful to permit any minor to frequent, loiter, or remain within the hall in violation of this section.
(B) No minor under the age of 12 years shall under any circumstances frequent, loiter, go to, or remain in any bowling alley licensed hereunder at any time except when sent by or with the knowledge and consent of the parent or guardian of the child. It shall be unlawful for the proprietor of any bowling alley to allow or permit any minor to frequent, loiter, or remain within the place in violation of the provisions of this section.
(C) All billiard halls or bowling alleys shall be kept in a clean, healthful, and sanitary condition and shall comply with all ordinances now in force or which shall be hereinafter enacted regulating the same. (‘68 Code, § 113.105) Penalty, see Section 113.999

It shall be unlawful to operate a public pool or billiard hall or bowling alley or make the same available for business use between the hours of 12:00 midnight and 6:00 a.m. on any weekday, nor between 1:00 a.m. and 12:00 noon on any Sunday. However, this section is not to be construed to prohibit regular employees from performing necessary work in or upon the premises. (‘68 Code, § 113.110) Penalty, see Section 113.999

No person, firm, or corporation shall conduct or operate a circus in the city without having obtained a license as provided in Sections 113.20 through 113.25. (‘68 Code, § 113.125) Penalty, see Section 113.999

The applications for licenses shall be made to the city clerk and shall specify the place in or on which the circus is to be conducted. The fee for circus licenses shall be as provided in Section 113.02. (‘68 Code, § 113.130) Penalty, see Section 113.999

The license fee for each sideshow and concession operated in connection with circuses shall be as provided in Section 113.02. (‘68 Code, § 113.135) Penalty, see Section 113.999

It shall be the duty of every person licensed under Sections 113.20 through 113.25 to obey the provisions of Sections 113.01 through 113.10 and all other ordinance provisions relating to circuses or the premises occupied. (‘68 Code, § 113.140) Penalty, see Section 113.999

It shall be the duty of the chief of police and the certified fire inspector of the fire protection district to see that inspections as provided for in Sections 113.01 through 113.10 shall be made of all circus performances and of the premises used. (‘68 Code, § 113.145; Am. Ord. 1627, passed 4-20-04) Penalty, see Section 113.999

It shall be unlawful for any person to cheat, shortchange, or otherwise defraud any person attending or about to attend a circus performance within the city. (‘68 Code, § 113.150) Penalty, see Section 113.999

It shall be unlawful to give, present, or conduct any motion picture or theatrical, for which an admittance fee is charged, except performances given solely for the benefit of and under the supervision and auspices of a religious, educational, or charitable organization, without having secured a license therefor as is provided herein. (‘68 Code, § 113.175) Penalty, see Section 113.999

Applications for licenses shall be made in conformance with the general provisions relating to applications and shall state, in addition to the other information required, the place of the intended performance and the seating capacity thereof. (‘68 Code, § 113.180) Penalty, see Section 113.999

(A) Any person securing an annual license for motion pictures, naming a specific place or building in which the performances are to be presented, may present therein any number of performances, including theatricals, during the year for which the license was secured without having to pay an additional fee.
(B) The annual license fee shall be $25 per year. (‘68 Code, § 113.185) Penalty, see Section 113.999

For motion pictures which are to be presented in premises which are not covered by an annual license, the fee to be paid shall be as provided in Section 113.02. However, no motion picture shall be presented in or on any premises or building which does not fully comply with the requirements of the ordinances for the construction or maintenance of buildings for this purpose. (‘68 Code, § 113.190) Penalty, see Section 113.999

(A) No person shall permit any person, except ushers or other theatre employees, to remain standing in a hall or room in which a motion picture is presented during the time of the performance.
(B) It shall be unlawful to admit to any hall more persons than can be accommodated by the seating arrangements for the premises. (‘68 Code, § 113.200) Penalty, see Section 113.999

It shall be unlawful to use any scenery in any theater other than nonflammable scenery or such as shall have been rendered nonflammable by application of 5 preventive coatings. (‘68 Code, § 113.205) Penalty, see Section 113.999

It shall be unlawful to present any public motion picture in any building or structure which does not contain the number of exits required by the current building codes of this municipality or by statute, or in premises in which the electric wiring does not fully comply with the current building codes. All places used for the exhibition of theatricals must be kept adequately ventilated during the performance and for so long a time as the audience may remain therein. (‘68 Code, § 113.210; Am. Ord. 1627, passed 4-20-04) Penalty, see Section 113.999

No person shall operate or conduct a public dance in the municipality without having obtained a license therefor as is provided herein. (‘68 Code, § 113.225) Penalty, see Section 113.999

(A) Application for licenses shall be made in conformance with the provisions relating to licenses, and shall specify the location of the proposed dance or dances and the person or organization sponsoring the same.
(B) No license shall be issued to a person who is not of good moral character, nor to a corporation or organization which is not represented in the municipality by a person of good moral character.
(C) It shall be the duty of the chief of police to make or cause to be made an investigation into the character of each applicant and report the results of the investigation to the city clerk.
(D) The annual fee for public dances shall be as provided in Section 113.02. (‘68 Code, §§ 113.230 and 113.235) Penalty, see Section 113.999

No person shall conduct a public dance in any hall or place which is not equipped with sufficient and adequate exits. No hall or building which is not provided with at least 2 exits of 4 feet or more in width shall be used for such purpose. (‘68 Code, § 113.240) Penalty, see Section 113.999

No person shall operate or conduct a public skating rink in the municipality without having obtained a license therefor as provided herein. (‘68 Code, § 113.250) Penalty, see Section 113.999

(A) Applications for licenses shall be made in conformance with the provisions relating to licenses, shall specify the location of the proposed skating rink, and the person or organization sponsoring the same.
(B) No license shall be issued to a person who is not a person of good moral character, nor to a corporation or organization which is not represented in the municipality by a person of good moral character.
(C) It shall be the duty of the chief of police to make or cause to be made an investigation into the character of each applicant and report the results of the investigation to the city clerk.
(D) The annual fee for public skating rinks shall be as provided in Section 113.02. (‘68 Code, §§ 113.255 and 113.260) Penalty, see Section 113.999

No person shall conduct a public skating rink in any hall or building which is not equipped with sufficient and adequate exits. No hall or building which is not provided with at least 2 exits of 4 feet or more in width shall be used for such purpose. (‘68 Code, § 113.265) Penalty, see Section 113.999

For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
(A) “Rebound tumbling center.” Any business, establishment, or place where rebound tumbling equipment is provided or maintained for public use or where a fee is charged for the use of such equipment.
(B) “Rebound tumbling equipment.” Any device or apparatus designed to provide resilience by virtue of its own elasticity or that provided by elastic or spring suspension or support to be used for jumping, bouncing, or acrobatic tumbling. (‘68 Code, § 113.300)

(A) No person shall establish, conduct, or operate a rebound tumbling center in the city without having obtained a permit therefor, or in violation of the provisions of Sections 113.65 through 113.76. Application for a license shall be in compliance with the general ordinance provision relating to licenses.
(B) The annual fee for a license shall be $25. (‘68 Code, § 113.305) Penalty, see Section 113.999

(A) All rebound equipment in such place shall be maintained in good condition safe for the purpose for which it is intended. Each unit shall be placed so that there is 3 feet between the sides of the unit and any other unit or the nearest fence or wall and 5 feet between the end of the unit and the nearest other unit, fence, or wall.
(B) Pits for units shall be of a depth of not less than 3 feet nor more than 4 feet at the center and they shall be solidly framed.
(C) The frame of such equipment shall be padded with pads 2 inches thick filled with cotton linters or similar pads with equal resiliency. (‘68 Code, § 113.310) Penalty, see Section 113.999

(A) No person under the influence of alcohol shall use such equipment. No person shall permit such person to use any equipment.
(B) The person in charge of any center may at any time request a patron to cease any activity which is unduly dangerous to the patron or others; and may, upon refund of the fee paid, if any, cause the person to leave the premises upon failure to comply with the request. (‘68 Code, § 113.315) Penalty, see Section 113.999

At all times while an establishment is open to the public or is in use, there shall be one responsible adult for each eight units or fraction thereof in operation to supervise and enforce the regulations applicable to such use. (‘68 Code, § 113.320) Penalty, see Section 113.999

Every mishap resulting in injury to any person from the use of the equipment shall be promptly reported to the chief of police. There shall be maintained on the premises a first aid kit of at least 16 units as defined in the first aid manual of the American Red Cross. (‘68 Code, § 113.325) Penalty, see Section 113.999

(A) It shall be unlawful to permit or cause any noise in a rebound tumbling center so loud or of such a nature as to disturb the peace.
(B) The operation of any amplifier on the premises shall comply with the general ordinance provisions relating to such devices. (‘68 Code, § 113.330) Penalty, see Section 113.999

No rebound tumbling center shall be operated unless there are on the premises separate toilet accommodations for men and women and drinking water facilities complying with the general ordinances. (‘68 Code, § 113.340) Penalty, see Section 113.999

A rebound tumbling center shall be considered as a place of public amusement or entertainment and shall be subject to all general ordinances relating thereto. (‘68 Code, § 113.345) Penalty, see Section 113.999

The building inspector shall make or cause to be made such inspections as are necessary to insure enforcement of the provisions of this chapter. (‘68 Code, § 113.350) Penalty, see Section 113.999

No center shall be operated unless there is in force a public liability insurance policy to cover any injury suffered as a result of the use of the equipment or the operation of the center in the amount of $50,000 for any one occurrence and $25,000 for injury to any one person. (‘68 Code, § 113.355) Penalty, see Section 113.999

Any public place, excluding churches and not-for-profit events, kept, used, maintained, advertised and held out in the public as a restaurant, eating place tavern or any public place where there is music, whether instrumental or by mechanical reproduction in the place, or where there is vocal music, shall be required to have a license as hereafter provided.
(A) In the case where there is music by mechanical reproduction, an application shall be made as provided in Section 113.81 and the license fee as provided in that section shall be paid. For the purpose of this paragraph, and the fees to be assessed, the mechanical reproduction of music is intended to cover coin-operated machines and jukeboxes, but excludes music where a person or disc jockey is involved.
(B) Where there is instrumental or vocal music, an application shall be made as provided in Section 113.81 and the license fee as provided in that section shall be paid. For the purpose of this paragraph, and the fees to be assessed, the instrumental or vocal music is intended to include music where a person or disc jockey is involved.
(C) Any premises upon which alcoholic liquor is sold or offered for sale shall be required to state and disclose on the application for the liquor license that instrumental, mechanical, or vocal music shall be presented on the licensed premises and, in addition, shall state the type and nature of the instrumental, vocal, or mechanical music. The issuance of a license, as provided under this section, to any holder of a retail liquor dealer’s license shall be issued at the sole discretion of the liquor commissioner of the city. If he determines that such a license is to be issued he shall so indicate in writing. Any retail liquor license shall on the face thereof indicate whether instrumental, vocal, or mechanical music is permitted.
(D) No license for instrumental or vocal music shall be valid except between the following hours:
(1) Sunday through Thursday--12:00 noon to 12:30 a.m. the following day.
(2) Friday and Saturday--12:00 noon to 1:30 a.m. the following day. (‘68 Code, § 113.400; Am. Ord. 688, passed 4-6-76; Am. Ord. 736, passed 10-3-78; Am. Ord. 87-7, passed 3-15-83; Am. Ord. 1010, passed 5-19-87; Am. Ord. 1017, passed 9-15-87; Am. Ord. 1034, passed 4-19-88; Am. Ord. 1572, passed 7-15-03) Penalty, see Section 113.999

(A) An application for a license permitting mechanical reproduction of music shall be made to the mayor and, on his approval of the application, a license shall be issued and shall permit music in the place. The annual fee for the license shall be $100, payable in advance in two installments of $50 each. The first installment will be due and payable with the application for license and the second installment shall be due and payable six months thereafter. The failure to pay any license fee shall be automatic cause for revocation thereof.
(B) An application for a license for instrumental or vocal music shall be made to the mayor and, on his approval of the application, a license shall be issued and shall permit instrumental or vocal music in the place. The annual fee for the license shall be $250, payable in advance in two installments of $125 each. The first installment will be due and payable with the application for license and the second installment shall be due and payable six months thereafter. The failure to pay any license fee shall be cause for automatic revocation thereof. (‘68 Code, § 113.405; Am. Ord. 688, passed 4-6-76; Am. Ord. 973, passed 4-22-86; Am. Ord. 1034, passed 4-19-88) Penalty, see Section 113.999

Every public place where music is furnished shall be kept in a clean and sanitary condition for the health, safety, and comfort of its patrons and shall provide adequate ventilation to afford clean, fresh air to its patrons at all times. (‘68 Code, § 113.410) Penalty, see Section 113.999

Every public place where music is furnished shall provide adequate exits in case of fire and shall at all times keep the exits free and unobstructed. (‘68 Code, § 113.415) Penalty, see Section 113.999

Cross-reference: Fire prevention code, see Ch. 93.

Places from time to time shall be inspected by the fire marshal or the chief of police who shall immediately report to the city council any conditions on the premises which render the same hazardous in case of fire. The council shall thereupon by appropriate resolution fix requirements necessary to remove the hazard. The requirements shall immediately be communicated to and carried out by the licensee. (‘68 Code, § 113.420) Penalty, see 113.999

Cross-reference: Fire prevention code, see Ch. 93.

No person, firm, or corporation shall establish, conduct or operate an amusement center as hereinafter defined in the city without having obtained a license therefor. Application for such license shall be in compliance with the general ordinance provisions relating to licenses. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81) Penalty, see Section 113.999

For the purpose of Sections 113.90 through 113.98 the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Amusement center.” A place or establishment where a pool table, ping-pong table, or amusement device is provided for use by customers and patrons thereof.
“Amusement device.” Any type of manual, electronic, or mechanical game or machine operated as a game or contest of skill or for amusement.
“School” or “schools.” For the purpose of this subchapter, the definition of school or schools shall be the same as that defined in S.H.A. Ch. 122, Section 1-3, which operate within the confines of the Wilmington Community Unit District 209-U. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81; Am. Ord. 853, passed 5-4-82)

The chief of police, any police officer, the mayor, or any person duly authorized by him shall have full and free access to the licensed premises at any time for the purpose of inspecting the same. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81) Penalty, see Section 113.999

(A) No spirituous, malt liquors or other alcoholic beverages of any kind or description shall be kept, sold, used, consumed, or permitted on the licensed premises, except in those places that are also licensed under provisions of Chapter 112 of this code.
(B) No gambling or wagering shall be permitted on the licensed premises. Nothing in Sections 113.90 through 113.98 shall be construed to authorize, permit, or license any gambling device of any nature whatsoever.
(C) No indecent show or other illegal or unlawful activity shall be permitted on the premises. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81) Penalty, see Section 113.999

(A) No amusement located in any establishment or place licensed to serve alcoholic liquor pursuant to Chapter 112 of this code shall be open or allow any person to operate or use a pool table, a ping-pong table, or an amusement device during the hours during which sales of alcoholic liquor are prohibited as provided in Section 112.23.
(B) No amusement center shall allow a person of less than 17 years of age to be present on the premises or operate a pool table, a ping-pong table, or an amusement device during the curfew hours specified in Section 132.12.
(C) No amusement center shall allow a person of less than 16 years of age to be present on the premises or operate a pool table, a ping-pong table, or an amusement device between the hours of 8:00 a.m. and 3:00 p.m. on any day in which any public, parochial, or private school is in session. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81) Penalty, see Section 113.999

At all times an amusement center is open or in use there shall be one responsible person of at least 18 years of age to supervise and enforce the regulations applicable to such use. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81) Penalty, see Section 113.999

In addition to any penalty imposed, the mayor or council may revoke the license for any violation of Sections 113.90 through 113.97 or of any ordinance pertaining to the conduct of such a business. (Ord. 725, passed 4-18-78; Am. Ord. 841, passed 12-15-81)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 841, passed 12-15-81; Am. Ord. 869, passed 1-4-83; Ord. 1574, passed 7-15-03)