The Mayor will, on forms furnished by the city, elicit the information set forth in this section of the applicant for a license, and of the premises wherein the games herein specified are to be operated. The Mayor shall have authority to approve or reject any application for a license, in accordance with the guidelines and standards set forth hereinafter.
(a) License required. The application shall be made and such license shall be issued upon forms furnished by the city, and no person, firm, corporation or other entity shall distribute, have or operate any miniature game or device, whether such device be mechanically operated, or manually operated without the having of a valid license or licenses issued by the city pursuant to the provisions of this chapter.
(b) Application for license; standards. Any person, firm, corporation, partnership or other entity desiring a license or licenses under this chapter and under Chapter 517 shall file a written application with the Mayor on a form to be furnished by him or her. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall, in addition, furnish the following:
(1) The type of ownership of the business (i.e., whether individual, partnership, corporation or otherwise);
(2) The name, style and designation under which the business or practice is to be conducted;
(3) The business address and all telephone numbers where the business is to be conducted;
(4) A complete list of the names and resident addresses and phone numbers of the manager, or other person or persons principally in charge of the operation of the business, with periodic updates of same;
(5) Such other information and identification of the person as shall be deemed necessary by the Mayor to discover the truth of the matters hereinabove required to be set forth in the application;
(6) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit and to ascertain the condition of the premises where the devices will be located and used;
(7) Written declaration by the applicant, under penalty of perjury that the foregoing information contained in the application is true and correct, such declaration being duly dated and signed in the city;
(8) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted and a copy of this lease or rental agreement. This division (b)(8) shall not apply to distributors as referred to under § 721.05.
(c) Issuance or denial of license. The Mayor shall issue a license or licenses within a reasonable time following receipt of the application unless he or she finds that:
(1) The correct license fee has not been tendered to the city, and in the case of a check or bank draft, honored with payment upon presentation;
(2) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city’s building, zoning and health regulations;
(3) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the license application or in any document required by the city in conjunction therewith;
(4) The applicant has had a business where miniature games or devices were used and a permit or license denied, revoked or suspended for any of the above causes by the city or other state or local agency within five years prior to the date of the application;
(5) The applicant, if an individual; or any of the officers and directors, if the applicant is a corporation; or any of the general partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years; and
(6) The Chief of Police shall also make his or her recommendation to the Mayor and following approval by the Mayor, and subject to the provision that the applicant shall comply with all the provisions of this chapter, a license shall be issued.
(d) License suspension or revocation; appeal. The Mayor shall have the power to suspend or revoke any license granted under the provisions of this chapter if any of the following conditions exists:
(1) If any false statement shall have been made by the licensee in connection with the application for such license or in the operation pursuant to such license;
(2) If the licensee shall fail or refuse to comply with any provision of this chapter and with all other city ordinances and state laws applicable thereto;
(3) If the building or premises for which such license has been issued does not comply with all provisions of this chapter and of all other city ordinances and state laws applicable thereto;
(4) If the licensee shall have been convicted of a crime involving moral turpitude;
(5) If the licensee shall have engaged in unfair, unjust, inequitable or fraudulent practices;
(6) If the licensee shall have been determined by the Mayor to be a person unfit by reason of immoral conduct, to operate such licensed premises;
(7) If in the operation of the games herein licensed there has been a violation of any of the provisions of this chapter or any other ordinances passed in the furtherance of the public health, safety or general welfare, or if the games herein specified shall be operated in any way, manner or form as a gambling device or as a game of chance, or if any license has been transferred without the consent of the city. In the event of such revocation or suspension of the license, there shall be no refund of the paid license fee for the unexpired term of such license; and/or
(8) An applicant to whom a license has been issued if found to be in noncompliance with the provisions of this chapter or an applicant or licensee whose premises is found to constitute a haven for juveniles contrary to the city’s curfew ordinance, shall be deemed as engaging in conduct which may result in having the license or licenses revoked by the Mayor.
(e) Board of Zoning Appeals; powers and duties. The Board of Zoning Appeals shall be the Board of Appeals for this chapter. The Board of Zoning Appeals may adopt from time to time such rules and regulations as it may deem necessary to put into effect the provisions of this chapter. Where practical difficulties or unnecessary hardships will result from the strict compliance with or the enforcement of the provisions of this chapter, the Board shall have the power to grant variance in harmony with the general purpose and intent of this chapter and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the city.
(Ord. 7422, passed 6-24-1980)