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(a) Unless specifically exempted in Section 4-156-305 or subsection (f) of this section, it shall be unlawful for the owner, lessee or manager of any property, or for any other person, to produce, present or conduct thereon, any amusement unless the owner, lessee or manager of such property has first obtained a public place of amusement license to engage in the business of public place of amusement. If an amusement is produced, presented or conducted on any property without such a valid public place of amusement license first having been obtained, and unless Section 4-156-305 or subsection (f) of this section applies, all of the following persons shall be in violation of this subsection: (1) the owner of the property, (2) the lessee of the property, (3) the manager of the property, (4) the producer of the amusement, (5) the presenter of the amusement and (6) the person conducting the amusement. Each person found in violation of this subsection (a) shall be subject to a fine of up to $10,000.00.
(b) If any part of the property is used or intended for use for any amusement, a public place of amusement license under this Article III shall be required, regardless of whether the use is incidental to the property's principal use.
(c) If more than one amusement is produced, presented or conducted at any single place or premises as part of a single business, only one public place of amusement license under this Article III shall be required.
(d) A public place of amusement license under this Article III shall be required for any public resort for underage persons which is designed, used or intended to be used primarily for participation by minors in entertainment or amusement primarily involving music, music videos and dancing. Examples of such resorts shall include but are not limited to a dry dance hall, nonalcohol bar, “dry cabaret”, “juice bar” or “teenage cabaret”. No public resort for underage persons, as defined herein, may operate between the hours of 2:00 a.m. and 11:00 a.m. or be eligible for a retail liquor license under Chapter 4-60 of this Code.
(e) In addition to any other penalty provided by law, any violation of any requirement set forth in subsection (d) of this section or any rule promulgated thereunder may result in revocation of all city licenses pertaining to that establishment.
(f) No public place of amusement license under this Article III shall be required if: (1) the property is a church, temple, synagogue or other place of worship, or school which has been inspected pursuant to Section 13-20-020 within the 12-month period preceding the production, presentation or conduct of any amusement; and (2) the sponsor of the event is affiliated with the church, temple, synagogue or other place of worship, or school; and (3) all necessary food, liquor and other licenses and permits required by this Code have been obtained.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-13-94, p. 53392; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 5-17-00, p. 32887, § 1; Amend Coun. J. 10-6-05, p. 58166, § 1; Amend Coun. J. 5-9-12, p. 25460, § 2; Amend Coun. J. 5-9-12, p. 27485, § 79; Amend Coun. J. 11-8-12, p. 38872, § 102; Amend Coun. J. 4-10-13, p. 51217, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 8)
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