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Restrictive pinball bylaw by Murray Moore Three managers of Midland businesses with Managers ask, why us? pinball games on the premises wonder what council was thinking of passed a pinball when it. restrictive bylaw Sept. 30. Judge feels bylaw unfair Penetanguishene's present pinball bylaw makes clear it does not apply to businesses that operate with a licence from the Liquor Licence Board of Ontario. The bylaw previously did not contain such a section. It was added to the bvlaw when the town became aware that a clear possibility existed that the bylaw could be successfully challenged in court. But when a Penetanguishene bu- siness was taken to court under the present bylaw. the judge, says town clerk Yvon Gagne, would not register a conviction because the bylaw is in its present form, in the judge's opinion, discriminatory. At the moment the case is under appeal to a higher court. Council's motive in requiring pinball and coin-operated games to be licenced was grounded in a concern about the local youth, who might be attracted to hanging out where the machines are available, said the clerk. Gagne estimates there are between five and 10 of the machines in the town. Booster club won't use lounge by Ken Regan Regular meeting of Penetanguishene Arena Parks and Recreation Board was held Wed- nesdav night and most items on the agenda were handled without much discussion needed. A request by Murray McConnell, President of Penetang Junior Kings, to use the arena lounge following Friday night hockev games as a meeting place' for, a proposed Kings booster club, was voted down by the board. At the same meeting the contract between the Penetanguishene Junior "C"' Kings for ice rental was accepted by the board and renewal granted. One item which hid create some lively discussion, dealt with a let tree from Penetanguishene Clerk Yvon Gagne in which Gagne mentioned a strip of lakefront road, along the waterfront was being looked at by Planning Board to determine whether the road which is presently strictly a "park road', might serve better as a 'full-fledged legal road." In the letter, Gagne states, "When_ the Waterfront park was opened, it was the intent that the "lakefront road"...would be strictlv a park road that could be opened and closed at the whim of the Parks Board." Road Gagne said the town felt the road might solve some access problems which have developed since the initial ruling on its status, if it were converted to a complete legal road. Board member, Ray Baker saying he was speaking from a public works viewpoint said, "This is a road in everthing but name...if converted, Public works would grade it...and we'd like to see it as a road."' Cenotaph In other board mat- ters. it was decided to postpone a decision on a letter from Town Clerk, Yvon Gagne suggesting a facelifting of the Penetanguishene Cenotaph. In his letter, Gagne said the town had been working in con- junction with Penetang Legion, Branch\ 68, to come up with some way to make more room for A survey revealed fees of $5 per machine are charged in Tot- tenham, Aurora, Barrie, and either $5 or $10 in Beeton, he said. Penetanguishene's pinball bylaw requires a licence fee of $5 per machine. They are not to be turned on Sundays, only between 9 a.m. and 11 p.m. on Saturdays and only between 1 p.m. and 11 p.m. on week- days. Holiday hours are 9 a.m. to 11 p.m. The machines are not to operate on Good Friday, Christmas or New Year's Day, in addition to never on Sundav. memorial _ gatherings and receiving official visitors to the town. He said in the course of discussion, it was felt a landscaping of the Cenotaph area to allow for a new one, might be ia Onn «die eT Following several minutes of discussion, the board decided to reserve comment until further meetings bet- ween the Board, the Legion and the town could be held to look at all possible alter- natives. None of the three businesses affected by the new bylaw, that requires a licence fee of $100 a machine, to be paid to the town, has been contacted as of late this week by the town about the bylaw. The common reaction to second-hand in- formation about the bylaw from the managers is, why me? Affected by the bylaw are at least three businesses: Olympia Sports on Bay Street, and Pizza Delight and Bavshore Lanes on King Street. Pinball and _ coin- operated games, both included in the bylaw, are installed in at least one other Midland business, but no other locations were men- tioned in the report of the bylaw enforcement officer when he made recommendations to council during the Oct. 30 special council meeting. Olvmpia Sports manager Danny Wood said vesterday he didn't know why council passed the restrictive bylaw, calling the licencing of individual machines -- an '"'utter disgrace.' In_ his opinion machines were controlled before, in that authorities knew where they were and could check them at will. He has the idea council was worried that premises. with pinball machines would become '"'hangouts." Speaking for himself, Wood said in 15 years of business no complaint has ever been registered with police from Olympia Sports. Wood believes council got a bug inits ear after 'he went to the town with an idea in mind to open a large store on King Street. Part of the store would have been an arcade,, he said. None of the three businesses are sup- pliers. so none would have to pay the $300 annual fee specified for suppliers in the bylaw. He questioned whether the council was trying to control the spread of the machines, or take in revenue. "You'd think a place with nine machines would take in more than a place with four, wouldn't you? But it's far from being true,"' Wood said. Winter is the best time of the year in his case and his understanding of the bylaw is that he will have to close Sundavs, He suggested he might have to layoff emplovees in those circumstances. Bavshore Lanes manager Jim Paradiso was more puzzled than angrv. Faced with paving $100 each for 11 machines, he admitted the possibility exists NOTICE T&G Remnant Shop NOW T&G FABRICS that he might have to take them all out. "I just provide the space," he said, '"'the supplier of the machines takes the monev."' Weekends His machines are used mostly on weekends and after school. he said. They are "just something to do while bowlers are waiting for their turn." His bowling alley is "clean, not a hangout at all.' It takes a long time to make $1,100 from the machines, he said. Pizza Delight manager Maureen Leader thinks the $100 per machine fee is a "little heavy." She doesn't have any ob- jections to licencing per se, but, referring to Penetanguishene, where the licence fee is $5 a machine, added that $5, $10 or evern $20 seemed to be reasonable to her. She made the distinction that her five machines were video games. They are built to be sat around on chairs and played. Her young customers can eat and drink, sitting, while playing a game at the same time, she explained. The machines are in most use at night. It would be hard to shut them off at a certain time. she said, adding the restrictive hours provision would be like telling some other businessman he could not sell a suit of clothes after 3 o'clock. The bylaw includes a section saying pinball and coin-operated games may not be used on Sundays, and only between 11 a.m. and midnight the other days of the week. Use of pinball and coin-operated games on Christmas Day, New Year's Day and Good Fridav is also prohibited under the bylaw. 6 - 4x5 1-11x14 Portrait Special for Christmas *20. PHOTO-BOX Penetang 549-7697 ee Se ae COMPLIMENTARY Wf MARKET ANALYSIS YS Page 2, Friday, October 17, 1980 - OF YOUR HOME This certificate entitles the bearers to one complimentary market analysis of their home's current value Without obligation, kindly call 526-9391 Bryson McQuirter Limited Realtor 357 King Street, Midland, Ontario vatea Cel (7/71 Signed egg ee ETE Lae Toe aonb: