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(A) Any person, firm, corporation, partnership or other entity desiring the license required by this subchapter shall make application for that purpose to the City Clerk no later than April 30 of each year or at such time as the person, firm, corporation, partnership or other entity desires to commence operation of a coin-operated amusement device.
(B) Application forms for such license shall be made available by the city and shall require:
(1) The name and address of the person making the application;
(2) The name and address of the business establishment where the device is to be located;
(3) A general description of the device;
(4) The number of other coin-operated amusement devices proposed for; and
(5) Any other information the City Clerk deems necessary.
(C) The City Clerk, or such personnel as may be designated by the Clerk, shall cause to be issued the license to permit the operation of a coin-operated amusement device in any business establishment in the city for a period of one year which shall begin on May 1 of the year for which such license is issued and shall terminate on April 30 of the next year. A license shall be issued at the yearly rate of $50 for each coin-operated amusement device; provided, however, that, where such license is issued on or after October 1, the regulatory fee shall be one-half of the yearly fee for the unexpired term of the regulatory year.
(D) The required fee for each license issued shall be collected upon application. In no event shall any rebate or refund be made of any fee.
(E) A license must be issued prior to the date the applicant installs any device for use. If the device is already on the premises and is unlicensed, a license must be obtained within 60 days of the effective date of this subchapter.
(F) A coin-operated amusement device may only be used at the address set forth in the license. Licenses are not transferable.
(G) Each coin-operated amusement device shall have affixed to it a current municipal amusement device decal with an assigned number.
(H) Prior to issuance of any license the City Clerk or his or her designee may cause an inspection of the premises identified in the application to verify the accuracy of the information set forth in the application.
(Prior Code, § 113.041) (Ord. 90-229, passed 7-10-1990)
A grace period of 30 days begins on May 1 of each year for the renewal of licenses. If a business establishment fails to renew its licenses by June 1 of each year, an additional fee equal to 25% of the base fee shall be charged for each month after June 1. Delinquency may also result in suspension and/or revocation of the license to operate coin-operated amusement devices within the city.
(Prior Code, § 113.042) (Ord. 90-229, passed 7-10-1990)
(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)
(A) In addition to the penalties provided for herein, if any provision of this subchapter is violated, the City Clerk or his or her designated agent shall notify the owner-operator of the business establishment of the violation and set a time limit for the correction of same commensurate with the seriousness of the violation.
(B) (1) If the violation is not corrected within the time specified, the City Clerk shall cause a notice to be sent to the licensee for a hearing before the Business Revitalization Committee to determine whether such license should be revoked. Such hearing shall be held within 14 days, but no sooner than three days, from the receipt of such notice. The notice shall set forth the nature of the hearing and shall contain such information as is necessary to reasonably inform the licensee or operator of the establishment of those violations for which he or she is charged, and shall further set forth the time, date and location of such hearing.
(2) Upon the completion of such hearing, the Business Revitalization Committee shall determine whether sufficient cause has been shown which would require the revocation of the license and shall, within five days from the date of the hearing, inform the licensee, in writing, if such determination results in a revocation.
(3) Within three days of revocation, all coin-operated amusement devices shall be removed from the premises where the violation occurred and no new license shall be issued to the violator for a period of two years from the date of revocation.
(Prior Code, § 113.045) (Ord. 90-229, passed 7-10-1990)
(A) Any persons, firms, corporations, partnerships, entities and business establishments which presently have located on their premises a number of coin-operated amusement devices in excess of the maximum number allowed by the provisions of § 113.043 of this chapter, shall be permitted to retain that number of devices. They shall not be allowed to install any additional coin-operated amusement devices on the premises of their establishments which increase the number of devices presently located on the premises. Such entities will be required to obtain licenses for each coin-operated amusement device on their premises.
(B) (1) Should any persons, firms, corporations, partnerships or entities desire to replace an existing coin-operated amusement device with another device, they shall first obtain a license for the device in the manner provided for herein.
(2) In this event, the party making application for the device shall inform the City Clerk or his or her designee of the device or devices being replaced.
(Prior Code, § 113.046) (Ord. 90-229, passed 7-10-1990)
MINIATURE GOLF COURSES
No person shall operate or control a so-called miniature, “Tom Thumb” or “peewee” golf course in the city without securing a license for such operation.
(Prior Code, § 113.060) Penalty, see § 113.999
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