(A) A business establishment may request that it be permitted to license, for use in its premises, a number of coin-operated amusement devices in excess of the maximum number allowed by the provisions of §§ 113.043 and 113.046(A). Such a request shall be in writing and filed in the office of the City Clerk. Upon receipt of same, the City Clerk shall forward the application to the Chairperson of the Business Revitalization Committee (hereinafter “Committee”). In each case, the application shall state the number of additional coin-operated amusement devices requested.
(B) Upon receipt of the application the Chairperson of the Business Revitalization Committee will cause a hearing to be conducted with the applicant. At such hearing, the applicant shall present written reasons for the request and shall show proof that there is existing compliance with the terms and provisions of this subchapter. The Committee can cause such additional investigation to be made as is deemed necessary and appropriate, to determine whether there is existing compliance with the provisions of this subchapter. No request for an increase may be granted if there is not current compliance by the applicant at the time of application.
(C) The Committee shall have absolute discretion to approve the entire increase requested in the application, to grant an increase of any part or portion of the increase requested in the application and deny the remainder or to deny the entire increase requested in the application. This decision shall be final and binding and will be given in writing within 60 days of the date the application is filed in the office of the City Clerk.
(D) No applicant shall be permitted to apply for more than one increase in each year.
(E) Any variance granted hereunder is conditional upon continued compliance with this subchapter. A violation of this subchapter or any other ordinance or statute which pertains to or concerns the operation of the particular business establishment may result in immediate revocation of all licenses to operate any number of coin-operated automatic amusement devices in excess of the maximum permitted hereunder without a variance.
(F) In the event a business establishment granted a variance hereunder is transferred, sold, leased or has its ownership or control changed, the new owner or operator shall be required to apply to renew any variance permitted to the prior owner or operator. At the time of such application, any prior variance granted hereunder is subject to amendment, termination or revocation.
(G) The new owner or operator may, in its discretion, apply for renewal of the variation at a time prior to taking over ownership or control of the business establishment.
(Prior Code, § 113.044) (Ord. 90-229, passed 7-10-1990)