(A) No person shall operate an arcade/amusement center without first paying a license fee and obtaining and having a current license as herein provided. The license required under this section shall be in addition to any license or licenses required to be obtained under any other provision of this code.
(B) Definitions.
ARCADE or AMUSEMENT CENTER. Any room, place or space available for public patronage, operated as a business, which utilizes in its operation nine or more games of skill/amusement devices, including, but not limited to, pool tables, billiard tables, table tennis tables, foosball tables, pinball machines, or any mechanical or electronic amusement device, and which derives its principle source of revenue from the use and operation of such equipment and games (devices). An arcade or amusement center as defined in this section shall not include bowling alleys.
AMUSEMENT DEVICE. Any device played by manipulating a game of skill or chance electronically or mechanically, and said game may be played by the public generally at a price paid either directly or indirectly. Such devices shall be kept at all times within a building which conforms to the city zoning ordinance and building code and which is the primary building on the lot.
(C) Any person desiring to operate an arcade/amusement center or to renew his license to conduct such activity shall file with the License Clerk an application on forms provided by the city for that purpose. The application form shall contain the following, together with any other information which the city may require:
(1) Full name, residence and business address, and date of birth of applicant.
(2) Address of the proposed arcade/amusement center location and a diagram of the proposed floor plan of the premises indicating the number and types of devices to be used and the sanitary facilities to be provided.
(3) The full name, residence and business address, and date of birth of all persons owning or having an interest in the licensed premises and in the proposed business. In the case of a corporation, this shall include the full names, residences and business addresses, and date of birth of the officers and directors of the corporation and all shareholders who own alone or in conjunction with their spouse or children more than 10% of the issued shares of corporate stock.
(4) If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and by-laws of the corporation shall be submitted with the application.
(5) The full name and residence address of the manager(s) who will supervise the licensed activity.
(6) Whether any of the persons listed in subdivisions (1), (3) or (5) have been engaged in the business of operating an arcade or amusement center in the last five years.
(7) Whether any of the persons listed in subdivisions (1), (3) or (5) have been convicted of a crime or have had an application for an arcade/amusement center license denied, revoked or suspended within the last five years.
(8) The applicant's plan of security for the licensed premises.
(9) The hours of operation.
(D) The license fee shall be for the calendar year and must accompany the license application. The license fee shall be set by annual resolution of the City Council.
(E) (1) All applications for licenses under this section shall be referred to the Chief of Police and to such other persons on city staff as shall be deemed necessary for investigation and recommendation. The persons to whom an application has been referred shall make their report and recommendations in writing.
(2) The application shall be submitted to the City Council for review. The City Council may grant or deny the license. In granting the license, the City Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the application.
(F) Existence of any of the following conditions shall render the applicant ineligible for a license, to wit:
(1) If the applicant or the manager of the licensed business is:
(a) Under 21 year of age;
(b) An alien;
(c) A foreign corporation.
(2) If the applicant, manager, or persons owning the licensed activity has been convicted of an offense which relates to the conduct of the licensed business.
(3) If the applicant, manager or persons owning the licensed activity have been denied a license to conduct a like or similar activity or has had such license suspended, revoked or canceled.
(G) Issuance and retention of licenses shall be subject to each of the following conditions, to wit:
(1) Only premises which are within commercial districts of the city may be licensed. An arcade/amusement center that is a primary use of the parcel on which it is located may not be within 150 feet of any residential district or within 300 feet of any school or church;
(2) No premises may be licensed unless sufficient visibility exists from outside the entrance to the premises for a person of average stature to visually survey the entire premises and all possible locations of patrons therein;
(3) The consumption of alcoholic beverages, whether classified as intoxicating or non- intoxicating, or the use of any controlled substance upon any part of the licensed premises is prohibited;
(4) The licensee and his employees and agents shall adhere to the provisions of the city code relating to minors. No licensee, nor his employees or agents, shall knowingly permit a minor to be present on the premises in violation of curfew laws, nor knowingly permit a person under the age of 17 years to be present on the premises when school is in session unless on a valid excused absence. Curfew law must be posted on-site in a conspicuous place about the business.
(5) No person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian.
(6) Adequate off-street parking for automobiles must be provided in compliance with the current city zoning ordinance requirements.
(7) The licensed premises shall fully comply with all applicable state and local regulations dealing with health, zoning, building and fire requirements and that the place to be licensed will not become a public nuisance or detrimental to public safety, morals or welfare. The building or fire inspector may enter said premises at any time during normal business hours, for the purpose of inspecting said premises for fire or building code hazards. All law enforcement personnel of the City of Columbia Heights shall have the right to enter said premises at any time during normal business hours, for the purpose of enforcement of the terms of this section.
(8) The licensee shall be responsible for maintaining order on all parts of the licensed premises.
(9) Only amusement devices with a current, valid Columbia Heights license may be offered for use or kept on the licensed premises.
(10) No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises.
(11) The applicant or manager, 21 years or older, and as designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the City Council.
(12) No amusement devices shall be operated between the hours of 12:00 midnight and 7:00 a.m.
(H) At the time of filing an application for license under this section, the applicant shall file a bond with a corporate surety with the City License Clerk in the amount of $5,000. All such bonds shall be kept in full force and effect throughout the license period and shall be conditioned as follows:
(1) The licensee shall obey the laws relating to the licensed business.
(2) The licensee shall pay to the city when due all taxes, license fees, penalties and any other charges provided by law.
(3) In the event of violation of any law relating to the business for which the licensee has been granted, the bond may be forfeited to the city upon a public hearing and consideration by the City Council.
(I) The license may be revoked or suspended in accordance with this section whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct:
(1) Fraud, deception or misrepresentation in connection with the securing of a license.
(2) Has violated any Minnesota State Statutes.
(3) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure.
(`77 Code, § 5.411) (Am. Ord. 963, passed 9-15-81; Am. Ord. 1377, passed 10-12-98) Penalty, see § 5.701