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No person shall engage in the business of operating or operate a roller skating rink in the City, any part of which rink is less than 300 feet from any property used for residential purposes, unless the floor, platform or other surface used for the rink is enclosed by a building which complies with the following specifications:
(a) All walls, partitions, framework, door and roof shall be constructed of fireproof materials.
(b) It shall be so constructed and the materials used in its construction shall be of such sound resisting material that the sounds emanating from the operation and the use of the roller skating rink therein shall not be audible to the normal human ear a distance of fifty feet or more from any part of the premises upon which the building is located.
(c) It must in every respect be constructed and maintained in strict conformity with the Building Code.
(d) It shall be open at all times to the inspection of the Mayor, Building Inspector and the Board of Health.
(Ord. 608. Passed 4-28-41.)
No person shall engage in the business of operating or operate a roller skating rink in the City, any part of which rink is less than 300 feet from any property that is used for residential purposes in violation of the following:
(a) Sounds emanating from the operation thereof shall be kept at such low volume, at all times, and/or windows, doors and other apertures, if any, in the building containing the rink shall at all times be kept so tightly closed that any and all sounds arising from the operation thereof shall be inaudible to the normal human ear a distance of fifty feet or more from any part of the premises upon which the rink is located.
(Ord. 608. Passed 4-28-41.)
(b) The rink shall be closed to the public from 11:00 p.m. to 8:00 a.m. on each day.
(Ord. 1957-53. Passed 9-3-57.)
Written application to obtain a roller skating rink license shall be made to the Mayor and shall contain the following information:
(a) Full name, age and residence of the applicant; if the applicant is a partnership, the full name, age and residence of each of the partners; if the applicant is a corporation, the full name of the corporation, together with the full names and residences of its principal officers; if the applicant is an unincorporated organization, the names and residences of all trustees and managing officers.
(b) An accurate description of the real estate and detailed plans of the building thereon upon which the business is to be conducted, together with the name and address of the owner or owners thereof, and if the premises are under lease, the names and addresses of the lessors and lessees.
(c) Any other information the Mayor may reasonably require.
The application shall be signed and sworn to before a notary public and filed for permanent record with the City. The application shall be accepted subject to approval and the license fee required by Section 559.09 shall be paid, but the fee shall be refunded to the applicant if a license is not granted.
(Ord. 608. Passed 4-28-41.)
If, upon investigation, the Mayor finds that the facts warrant the granting of a license he shall issue the license to the applicant therefor. The license so issued shall be conditioned upon the faithful compliance by the holder thereof with all the provisions, terms, conditions and requirements of the laws of Ohio, this chapter and other ordinances of the City.
(Ord. 608. Passed 4-28-41.)
The fee for a roller skating rink license shall be twenty-five dollars ($25.00), which amount is hereby determined to be not in excess of the estimated cost to the City of enforcing the regulations herein provided.
Any license issued shall be for the remainder of the calendar year in which it was granted, and unless sooner revoked, shall expire on December 31 of the year of issue. However, any license may be renewed from year to year upon the payment of a renewal fee in the amount charged hereunder for an original license.
All moneys received from license fees shall be paid into the City Treasury to the credit of the General Fund.
(Ord. 608. Passed 4-28-41.)
No roller skating rink license shall be transfered by the holder thereof without the written consent of the Mayor, nor to any person who shall not have qualified in the same manner as an original applicant is required to do by the provisions hereof.
(Ord. 608. Passed 4-28-41.)
The Mayor shall have the power to revoke, and may revoke or suspend, any license issued in accordance with this chapter, whenever he finds that the licensee has violated any provision of this chapter or any other regulatory ordinance of the City or statute of the State of Ohio, or, if the license has been transferred in violation of Section 559.10. The Mayor shall keep a journal in which he shall enter all orders rejecting applications for a license and all orders revoking or suspending a license.
Any person whose application for a license has been refused, or whose license has been revoked or suspended may appeal from the order of the Mayor to a Board of Appeals, which is hereby created, and which shall consist of the President of Council, the Director of Public Service and the Director of Law. The Board of Appeals is hereby vested with authority upon such appeal, and after full hearing, to affirm, modify or reverse the order made by the Mayor, pursuant to Section 559.08 and this section.
(Ord. 608. Passed 4-28-41.)
In order to avail himself of the right of appeal referred to in Section 559.11, the applicant or licensee shall, within five days after receiving notice of the refusal of his application or notice of the revocation or suspension of his license, give written notice of such appeal to the Mayor, and also to the President of the Council. The appeal shall be heard by the Board within ten days after the filing of the notice of appeal. Its decision thereon shall be made not later than ten days after the termination of the hearing, and such decision shall be final.
(Ord. 608. Passed 4-28-41.)
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