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Council modernizes amusement‑arcade rules, adopts flat $350 annual fee and removes routine background checks
Summary
The Waukesha Common Council voted to amend municipal code 8.04 to streamline amusement‑arcade licensing: replacing per‑machine fees with a flat annual premise fee, moving dollar amounts to a fee schedule, eliminating routine background checks in favor of license suspension/revocation for violations, and explicitly prohibiting illegal gambling devices; council adopted the ordinance after suspending the third reading.
The Waukesha City Common Council voted unanimously to adopt revisions to Municipal Code 8.04 governing amusement arcades, modernizing an ordinance that council members described as archaic and burdensome for entrepreneurs.
Attorney Brian Running summarized the proposal’s key elements: replace the existing per‑machine fee model with a flat annual fee set by the council in a fee schedule, streamline the application so the city clerk may issue a license when the ordinance criteria are met, remove routine background‑check requirements for applicants, and list specific causes for suspension or revocation. Running said the council would revoke or suspend licenses for verified violations rather than pre‑screening applicants by background check.
The rewrite also removes several long‑standing restrictions that staff and council described as outdated — including a blanket ban on card games — while keeping an explicit prohibition on illegal gambling devices, defined by reference to Wisconsin law. Running noted the existing ordinance dated to 1982 and that the city currently collects roughly $10,000–$12,000 annually under the older regime; the proposed flat fee aims to preserve revenue while reducing regulatory friction.
Council first voted 11–2 to suspend the third reading so the ordinance could be considered and adopted at the same meeting. After debate and clarification on the fee amount, the council adopted the ordinance with a flat annual fee of $350 per premise. The ordinance also specifies that dollar amounts will be maintained in a fee schedule rather than in the code text, so council can update fees without a full ordinance amendment.
Supporters framed the change as pro‑business and administrative simplification. "This ends separate fees for premises and machines and replaces the per‑machine fee with a flat annual fee," Running said, explaining the expected effect for operators with many devices. A dissenting procedural vote (against suspending the rules) was cast by two members who said they prefer adhering to the full three‑reading process when not required to expedite adoption.
Under the adopted language, license revocation or suspension for cause requires due process, including a hearing before the council. The ordinance explicitly prohibits illegal gambling machines as defined in Wisconsin Statutes (see citation in meeting materials) and retains penalties and due‑process safeguards for enforcement.
Councilors and staff said the revised code will make it easier for entrepreneurs to open family‑friendly arcades while giving the city tools to address violations if they occur. The clerk will follow the new ordinance and fee schedule when issuing permits.
