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For the purpose of this subchapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
ARCADE. Any place, premises, or establishment or room set aside within which are located three or more amusement devices.
AMUSEMENT DEVICE. Any device, machine or apparatus activated or operated for the purpose of playing, exhibiting, emitting, producing, or displaying entertainment or amusement in the form of games, motion pictures, videos, audio recordings, live performances, or similar types of entertainment. The term shall not apply to devices commonly referred to as “kiddie rides,” or vending machines used to dispense foodstuffs, toys, or other products for use and consumption.
DISTRIBUTOR. Any person, firm, corporation, partnership, or association engaged in the business of providing or placing, or who or which provides or places, amusement devices in any type of establishment, including arcades, for operation by another.
LICENSEE. Any person to whom a license, permit, or tag is issued under the terms of this subchapter.
OWNER. Any individual, firm, association, partnership, or corporation who owns, leases, operates, or has under his or its control any amusement device as defined herein.
OPERATOR. Any individual, firm, association, partnership, or corporation who owns, maintains, operates, or controls an arcade.
PROPRIETOR. Any individual, firm, corporation, partnership, association, club, or employee or agent of same, who, as the operator, manager, owner, lessee, or agent, has under his or its control, any place or premises at which any amusement device is located, but which is not licensed as an arcade.
(‘83 Code, § 116.55) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) All arcade operators shall be required to obtain from the city an annual arcade license prior to establishing, operating, conducting, or maintaining any arcade within the city. All arcade licenses shall expire one year from the date of issuance. Fees for arcade licenses shall be set by appropriate resolution of the City Council.
(B) All proprietors shall be required to obtain an annual location permit prior to placing or allowing the placement of any amusement device in any establishment in the city. Fees for permits shall be set by appropriate resolution of the City Council.
(C) Every amusement device placed for use or operation in any establishment in the city shall conspicuously bear an annual identification tag issued by the city in accordance with the provisions of this subchapter, bearing the name (including assumed name or corporate name, if registered) and address of the owner and the distributor thereof.
(D) Distributors shall apply for and obtain an identification tag for each device placed or located within any establishment in the city. The annual fee for each identification tag shall be established by appropriate resolution of the City Council.
(‘83 Code, § 116.57) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88)
(A) (1) All applications for licenses, permits, and tags under this subchapter shall be made at the office of the City Clerk on application forms provided by that office, together with an application fee. The application shall include the following documents, information, and data.
(a) The name, address, and telephone number of the applicant; if the applicant is a partnership, club, society, organization, or association, the names, addresses, and telephone numbers of all partners, board members, or officers shall be included; if the applicant is a corporation, a certified copy of the articles of incorporation shall accompany the application, as well as the names and addresses of all principal shareholders.
(b) A copy of the building permit or certificate of occupancy issued by the city, indicating that the proposed location is approved for use as an arcade under all pertinent provisions of the city building, zoning, health, and fire regulations, must accompany all applications.
(c) The business or assumed name to be used by the applicant; a copy of the certificate of conducting business under an assumed name shall accompany the application.
(d) The applicant's social security number, federal identification number and/or state sales tax number.
(e) The name, address, and telephone number of the agent authorized to submit the application for license on behalf of the applicant, if the applicant is not an individual.
(f) A plan or drawing depicting or describing the area within the building where all amusement devices will be placed.
(g) A copy of the certificate of insurance, indicating coverage for premises liability and/or product liability.
(2) All applications must be signed and verified by the individual applicant or authorized agent of the applicant. The applicant or his or its authorized agent shall attest to the fact that all information provided is true to his knowledge or belief.
(3) Upon submission of a properly completed application and application fee, the City Clerk shall direct the application to the Police Department for review and investigation in accordance with the provisions of division (B) of this section. Except for applications for location permits submitted by persons or establishments licensed by the State Liquor Control Commission for consumption of liquor on the premises, the Clerk shall forward all applications, police reports, and all documentation submitted and required under this subchapter to the City Council for review and approval in accordance with the provisions of § 116.073.
(4) All persons and establishments licensed by the State Liquor Control Commission, having less than three amusement devices, shall not be required to submit to the procedures set forth in § 116.073. The City Clerk shall issue a location permit to such persons and establishments upon submission of a proper application and fee.
(‘83 Code, § 116.58)
(B) Before issuing any license, location permit, or identification tag, the Clerk's office shall refer all applications to the Chief of Police, who shall do the following.
(1) Investigate the applicant and his or its authorized agents and principals relative to any record of arrests, investigations by law enforcement agencies, criminal convictions, and the truthfulness of the information supplied by the applicant.
(2) Prepare and submit to the City Council a written report which discloses all non-privileged information obtained pursuant to the investigation, along with any recommendation or comments.
(‘83 Code, § 116.59)
(Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) Applications for renewal shall be filed no less than 60 days prior to the annual expiration date. Renewal applications shall be available at the office of the City Clerk. All licenses, permits, and tags shall be renewed upon application and payment of the appropriate renewal fee. However, no license or permit shall be renewed if the licensee or permittee has received any notice of revocation or suspension of his or its license or permit, or there has been a change in the name, address, status, or condition of the licensee or permittee.
(B) All fees for the renewal of any license, permit, or tag which are not paid at the time the fees shall be due shall be paid as late fees, with an additional 25% of the license, permit, or tag fee required for any licenses, permits, or tags under the provisions of this subchapter and the fee schedule, for the first 15 days that the license, permit, or tag fee remains unpaid; and thereafter the license, permit, or tag fee shall be that stipulated for licenses, permits, or tags by the fee schedule plus 50% of the fee. All persons submitting late renewals must appear before the City Council for approval.
(‘83 Code, § 116.61) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) No license, permit, or tag issued under the provisions of this subchapter shall be transferable unless specifically authorized by the City Council. No licensee or permittee shall, unless specifically authorized by the provisions of this subchapter, transfer or attempt to transfer his license or permit to another, nor shall he make any alteration to, or improper use of, the same. Submission of a transfer application and transfer fees must be paid prior to the approval of any transfer of a license. Transfer applications shall be available at the office of the City Clerk and shall be processed in the same manner as new applications. Transfer fees shall be set by resolution of the City Council.
(B) No amusement device shall be moved from one location in the city to another which is not licensed as an arcade or permitted as a proprietorship.
(‘83 Code, § 116.62) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) All arcades shall provide adult supervision, and be required, at a minimum, to maintain the following.
(1) A responsible adult person, not less than 21 years of age, must be on the premises of any arcade during all hours of operation.
(2) A security guard, as defined by Public Act 330 of 1968, as amended, being M.C.L.A. 338.1051 through 338.1079, and licensed by the state, must be on the premises of all arcades during all operating hours to maintain the peace and orderly conduct of the business and the safety of its patrons.
(3) In the event that an arcade is located within a larger, multiple-use building, and that building provides adequate security guard protection for all building uses, no security guard is required to be directly on the arcade premises.
(B) No operator or proprietor shall permit operation of the devices by any person under 16 years of age during the hours of 8:00 a.m. and 4:00 p.m., excluding Saturdays, Sundays, holidays, and days when school is not in session, or the hours of 10:00 p.m. and 7:00 a.m. on any day.
(C) All licensees and permittees shall maintain a minimum of 40 square feet of floor area for each amusement device. This footage must be devoted exclusively to the use of each amusement device, and may not be used for any other purpose.
(D) Any arcade licensed under this subchapter must provide adequate and proper toilet facilities which conform to the standards set forth in the city plumbing and health codes. The locations of public restroom facilities shall be clearly accessible and identifiable during all hours of operation. The restrooms shall be clearly marked “Public Restroom” and be open for use by patrons during all hours of operation.
(E) No proprietor, or operator, servant, agent, or employee thereof, shall permit the playing or operation of an amusement device unless all fire aisles, passageways, and exits are clear. Such persons shall take all necessary steps, including stopping the operations of the device or devices, to insure that all persons in the establishment have free access to fire aisles, passageways, and exits.
(‘83 Code, § 116.63) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) Any license, permit or tag issued by the city may be suspended or revoked for cause. The licensee and/or permittee shall have the right to a hearing before the City Council prior to a final decision on any action, provided a written request therefor is filed with the City Clerk within ten days after receipt of notice of suspension or revocation. The City Council may confirm the suspension or revoke or reinstate any license or permit. The action taken by the City Council shall be final. Upon suspension or revocation of any license or permit, the fee paid therefor shall not be refunded. The licensee or permittee whose license or permit has been revoked shall not be eligible to apply for a new license or permit for a period of two years after revocation.
(B) The term CAUSE shall include the commission or omission of any act, or allowing any condition to exist in connection with any amusement device which is prohibited by this subchapter, or the failure to comply with any requirements set forth herein. The following acts or omissions may also constitute cause for the purpose of this subchapter.
(1) Repeated disturbances of public peace, or disorderly conduct, which have occurred and have been reported to the Police Department, within the licensed establishment or upon any parking area, sidewalks, walkways, access ways, or grounds immediately adjacent to the licensed premises.
(2) An act, omission, or condition on the premises which constitutes a nuisance.
(3) Any act, omission, or condition forbidden by the provisions of this subchapter or any other applicable ordinance or statute.
(C) It shall be unlawful for any person, firm, association, partnership, or corporation to conduct any business or activity regulated by the provisions of this subchapter without a valid, current license therefor. No business or activity may be conducted when a license or permit issued under this subchapter has been suspended or revoked.
(‘83 Code, § 116.64) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
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