(a) Definitions. Whenever used in this chapter, the following words or phrases shall be defined as herein stated below:
Amusement Location means any public room, public place, or other place of accommodation where there is exhibited, displayed or available for public use, one or more amusement machines.
Amusement Machine means any machine or device designed or modified to be operated by any coin, coins or tokens, the purpose or function of which is to provide amusements. Such machine or device designed and used exclusively for the vending of merchandise of a tangible nature shall not be deemed an amusement machine, nor shall any music or juke box device be deemed an amusement machine.
(Ord. D-324, § 34.01, 6-21-82)
(b) License required. It shall be unlawful for any person, corporation or entity to own or operate an amusement location containing any amusement machine without an amusement location license issued by the City, specifying the number of amusement machines located on the premises.
(Ord. D-324, § 34.02, 6-21-82)
(c) Application for license. Any person desiring to obtain a license for a coin-operated amusement machine may apply to the Controller’s Office on a form to be furnished by the City, disclosing and affirming to the following information:
(1) The name of the applicant and, if a partnership or corporation, the full name of the business, the state of organization and the date of organization.
(2) The residence address of the persons completing the application.
(3) The business address and all telephone numbers where the business is to be conducted.
(4) The age of the applicant, of all partners, or if the applicant is other than an individual, the name of all managers and officers of the business.
(5) The street address of the premises to be licensed.
(6) The name and residence address of the owner of the premises proposed for licensing.
(7) The location of any other amusement location operated by the applicant or in which the applicant is a co-owner.
(8) The name and address of the manager or operator of the applicant.
(9) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, such declaration to be signed by the applicant and made under oath.
(10) All forms must be completely answered prior to processing the application by the Controller’s Office. (Ord. D-324, § 34.03, 6-21-82)
(Ord. D-324, § 34.03, 6-21-82)
(d) License fee. The annual fee, commencing at the issuance of the license, for each amusement location shall be as follows:
(1) Twenty-five dollars for each location and two machines; and
(2) Ten dollars per machine for the third and each additional amusement machine located on the premises.
(3) The fees required by this section are non-refundable and payable in advance. The number of machines per location shall not exceed at any time the total number of machines stated on the license application; however, the licensee may transfer licenses within the number of machines licensed by advising the Controller of the serial numbers of replacement machines.
(Ord. D-876, 2-1-93)
(e) Operations.
(1) No person under the age of 13 years of age shall be permitted to be present in the amusement location unless accompanied by a parent or guardian after 10:00 p.m.
(2) No person under the age of 18 years of age shall be permitted to be present in the amusement location unless accompanied by a parent or guardian after 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or after 1:00 a.m. on Saturday or Sunday.
(3) None of the persons identified in subsections (1) or (2) above shall be permitted to be present in the amusement location during the hours in which the Carmel Public Schools are in session.
(4) The curfew restrictions established by this chapter and consistent with the Indiana State Code and Carmel Curfew Code shall be conspicuously posted on the premises in lettering not less than ½ inch in height.
(5) All amusement locations shall be kept in a clean, healthful and sanitary condition at all times. If the owner or operator shall not maintain suitable sanitary conditions, the City shall suspend the amusement location license for the premises until such unsanitary condition(s) is/are remedied.
(6) All amusement locations shall maintain control and shall not permit persons to congregate in a disturbing manner within the said location.
(7) All amusement locations owners, or their employees, shall not violate any state statute or City ordinance, or knowingly allow any other person to commit such violation, within said amusement location.
(8) Amusement establishments must display and adhere to the capacity as set by the State Fire Marshall as per the square footage of the area in which the devices are housed.
(9) The amusement device license listing the number of devices licensed for that establishment shall be displayed for inspection in the area where the devices are located.
(10) The City reserves the right to inspect the premises at any reasonable time to verify that the number of devices are in accord with the license on display and the number listed in the Controller’s Office at City Hall, and compliance with all other provisions of this chapter.
(11) There shall at all times be a person on duty and employed by each licensed location, who is a responsible character and who has reached the minimum age of 21 years.
(f) Denial, suspension or revocation of license. The City may deny, suspend or revoke a license if it is determined that:
(1) Any of the persons named in the application have previously had any amusement location license revoked.
(2) Any information submitted to acquire, renew or modify the license is found to be misrepresented or false.
(3) Following a hearing before the Board of Public Works and Safety, the business operation and/or location constitutes a clear and present danger to the health, welfare, education or morals of the City.
(4) The continued operation of the business by licensee following a hearing before the Board of Public Works and Safety, is detrimental to the health, welfare, safety, education or morals of the City.
(5) Any provisions of subsection (e) herein have been violated.
(g) Penalties.
(1) Any person who violates the provisions of this section shall be guilty of a Class C infraction as defined by the laws of the State of Indiana and shall be fined in accordance with the provisions of the laws of the State of Indiana as set out in I.C., 34-28-5.
(2) For each day such amusement location is operated without the license as referred to herein, it shall be considered a new, separate and additional offense.
(3) For each additional day, each additional offense shall be subject to the penalties as hereinafter set out. (Ord. D-324, § 34.01, 6-21-82)
(`91 Code, § 4-20) (Ord. D-2505-19, 12-16-19)