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No person, firm, partnership, association or corporation shall own, conduct, manage or operate a place of amusement on or at any place or premises located within the city without a license for such place or premises, as provided herein.
(Ord. 2492, passed 6-28-2004) Penalty, see § 112.99
No place of amusement license shall be required for schools; organizations obtaining Internal Revenue Code Section 501(c)(3) status and whose base of operation or principal office is located in Glasgow or Barren County, Kentucky; or for any national or state recognized fund-raising organization, including, but not limited to, the American Cancer Society, the American Heart Association, and the March of Dimes, on the condition that the activity, otherwise falling within the definition contained in § 112.01 of this chapter, is conducted without profit or gain or any profit or gain is used for the sole purpose of internally funding programs within the school or 501(c)(3) organization, or national or state recognized fund-raising organization conducting the activity. However, a place of amusement license shall be required for all charitable gaming activity notwithstanding the exemptions provided for in this section.
(Ord. 2492, passed 6-28-2004)
(A) Application for a place of amusement license shall be made to the License Fee Division and shall be accompanied by the license fee required herein. The application shall show the name, age and address of an individual applicant; the persons entitled to participate in the profits, if a partnership applicant; the objects, the names and addresses of the officers and directors, if a corporate applicant, and whether or not one person owns a controlling interest in such corporation, and if so, the name and address of such person; and the names and addresses of the members thereof, if the applicant is a club or unincorporated association; the location and description of the place or premises where such place of amusement will be operated and conducted; whether or not any previous similar license has been applied for, the place of application, and the disposition of such application, and if revoked the reasons therefore; and whether or not the applicant, or any partner or shareholder has ever been convicted of a felony. A manager or agent must have the same qualifications as the person or firm to whom the license is issued. All applications shall be verified by the applicant or, if a corporation, by an authorized corporate officer thereof. A background check shall be run on the applicant and the owner(s), officers, or partners of applicant. The application shall contain a statement by the applicant that neither he nor the entity for which he is applying has not violated the provisions of this chapter, that he or the entity for which he is applying will not do so, and that he consents for himself and the entity for which he is applying to a cancellation of the license and privilege to do business in the event of any violation of any provision of this chapter.
(B) Public notice of application by advertisement in the newspaper of general circulation in the city for not less than ten consecutive days shall be required before any determination is made with respect to the application and the cost of said advertisement shall be borne by the applicant. The advertisement shall include a notification to the public that written objections may be lodged with the City of Glasgow's License Fee Division and shall include a deadline for lodging such objections. The advertisement shall further notify the public that persons lodging a written objection shall be required to personally defend the objection before the City Council. If no written objections are lodged by members of the public within the prescribed time period and the applicant otherwise satisfies the requirements contained herein, the application shall be approved by the City of Glasgow's License Fee Division without further proceedings. However, if written objections are lodged by the public, the application shall be presented to the Glasgow City Council at a regular meeting for approval or denial. The Glasgow City Council shall approve the application unless, based upon the written objections defended by persons lodging said objections who personally attend the proceeding, the Council determines that:
(1) The proposed application fails to satisfy the requirements set forth herein;
(2) The applicant is not of good moral character or will not, in the judgment of the Council, obey the law in the carrying out of the business for which the amusement license is sought;
(3) The applicant, within two years prior to the date of the filing of the application has been convicted, cited, or fined by a local, state or federal agency, government, or court of an illegal act relating to the operation of an amusement or the maintaining of a public nuisance; or
(4) Approving the application would endanger the health, safety or welfare of the citizens of the city.
(Ord. 2492, passed 6-28-2004)
An individual applicant shall be 18 years of age or older. All applicants -- individual, corporate, or otherwise -- shall have no felony convictions and no convictions, regardless of classification, for any theft offense; shall be of good moral character; and shall not, within two years prior to the date of the filing of the application, have been convicted, cited, or fined by a local, state or federal agency, government, or court of an illegal act relating to the operation of an amusement or the maintaining of a public nuisance.
(Ord. 2492, passed 6-28-2004)
The fee for a place of amusement license shall be $250, annually. In the event a license is not issued in response to an application, the payment of the annual fee accompanying the application shall be refunded; otherwise, there shall be no rebate or prorate of a fee once paid.
(Ord. 2492, passed 6-28-2004)
Each place of amusement license issued under the provisions hereof, and the privileges thereunder, shall expire and terminate at the end of each calendar year regardless of the issue date. The license may be renewed upon payment of the annual license fee ($250) and upon continued compliance with the regulations contained herein. However, the renewal of a place of amusement license shall not require a new advertisement or new application process.
(Ord. 2492, passed 6-28-2004)
No place of amusement conducting charitable gaming shall permit individuals under 18 years of age to enter such place of amusement without being accompanied by a parent or other individual 18 years of age or older accepting responsibility for the minor and, under no circumstance, shall the minor directly participate in the charitable gaming.
(Ord. 2492, passed 6-28-2004) Penalty, see § 112.99
Commercialized use of mechanical, electrical, or electronic devices which simulate the games of poker, blackjack or other card games, is prohibited by the city.
COMMERCIALIZED USE is defined as any use involving a charge for the use of the device. Any person controlling the commercial utilization of a device described in this section shall be guilty of a Class B Misdemeanor. Any device described in this section which is commercially utilized shall be seized and disposed of as contraband.
(Ord. 2492, passed 6-28-2004) Penalty, see § 112.99
No place of amusement license shall be approved to conduct any activity which is prohibited, or declared unlawful, by any local, state, or federal regulation or statute.
(Ord. 2492, passed 6-28-2004) Penalty, see § 112.99
The License Inspector shall cancel any license, whether it be a place of amusement license, occupational license, or otherwise, or any privilege of doing business in the city, which may have been granted to any person, firm, corporation, company, or other entity, in the event the entity engages in, or allows the conduct of, on the premises for which the license is granted, any activity prohibited, or declared unlawful, by any local, state, or federal regulation or statute, or for non-compliance with the provisions contained in this chapter in any respect.
(Ord. 2492, passed 6-28-2004)
All places of amusement are subject to the Occupational Licensing provisions as set forth in Chapter 110 of this Code of Ordinances.
(Ord. 2492, passed 6-28-2004)
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