A. License Required; Number Of Devices; Fee:
1. It shall be unlawful for any person, partnership, corporation, firm or association to operate, maintain or conduct an amusement arcade or shooting gallery within the city without first obtaining an arcade license pursuant to the terms of this section. An "amusement arcade" is hereby defined as a premises (other than a bowling alley premises) which contains more than eight (8) amusement devices or public pool or billiard tables, or any combination thereof, exceeding eight (8) in number. Further provided, that as to any bowling alley premises, same shall not be considered an amusement arcade unless said bowling alley premises contains more than ten (10) amusement devices or public pool or billiard tables, or any combination thereof, exceeding ten (10) in number. However, the limitation on public pool or billiard tables set forth in section 4-3-9 of this chapter shall still apply to the bowling alley premises. The application for an arcade license shall be made by the person, partnership, corporation or association which desires to operate such arcade.
2. No operator shall place or allow to be placed upon any premises more than eight (8) amusement devices or public pool or billiard tables, or any combination thereof, as herein defined, unless an arcade license has been obtained for the premises where said devices are to be placed. (Ord. 16-O-50, 11-15-2016)
B. License Fee: Subject to the provisions of subsection C of this section, each application for each arcade license under this chapter, or renewal thereof, shall be accompanied by an annual license fee as provided in section 3-2A-1 of this code. (Ord. 2000-O-49, 8-15-2000; amd. 2009 Code)
C. Application For License: In order to obtain an arcade license, the applicant shall file with the clerk a written statement setting forth the full name and address, date and place of birth of the applicant; or the names and addresses, dates and places of birth of the partners, if the applicant is a partnership; or the name and address of each of the directors, officers and shareholders of the corporation, if the applicant is a corporation; and the present or last occupation of the applicant at the time of the filing of the application. In the case of a corporation, the application shall disclose the number and class of shares owned by each shareholder. The application shall be in substantially the same form as is attached to the ordinance codified herein as exhibit A. The form application shall be supplemented with a brief description of the types of amusement devices, general description of the operation contemplated, and a diagram of the game area showing the layout of the various amusement devices, dimension of the premises and location of games to be located on the arcade premises, together with such other relevant data as the city council may require. The application shall be signed and notarized under oath by the applicant.
D. Security Plan:
1. The application shall contain a detailed security plan setting forth a plan for the safety of the patrons of the arcade, both within the premises, and in parking lots and adjacent premises, for all times during which the arcade is in operation. The plan shall specifically detail all steps which the applicant intends to implement to ensure the health and safety of minors within the premises. The proposed security plan shall be forwarded to the chief of police for his review and approval prior to the issuance of any arcade license. If the chief of police does not approve of the security plan, the applicant shall be so notified and shall submit an alternate or revised security plan which is adequate in the opinion of the chief of police. In the event the applicant feels aggrieved by any denial of the security plan by the chief of police, the applicant may appeal the police chief's decision to the city council.
2. Further provided, that if, in the sole opinion of the city, upon commencement and continued operation of the arcade premises, the security plan is deemed to be insufficient, inadequate or in need of modification, the applicant shall amend its security plan to provide such additional security as is deemed adequate in the opinion of the chief of police as set forth herein. In the event the applicant feels aggrieved by any denial of a security plan by the chief of police, the applicant may appeal the police chief's decision to the city council. Failure by the applicant to provide and fully implement the security plan shall be grounds for revocation or denial of any arcade license hereunder. (Ord. 2000-O-49, 8-15-2000)
E. Conditions: Any applicant for an arcade license must meet the following conditions prior to the issuance of an arcade license:
1. An application must be simultaneously submitted for a device license for each amusement device.
2. No gambling devices, including video, electronic or other types of games which simulate games of chance and/or card games, shall be permitted in any arcade premises.
3. The applicant must have first obtained from the city a variance from the application of the city zoning regulations for the operation of an arcade or entertainment center. The applicant must fully comply with all applicable provisions of all city ordinances including building codes, property maintenance code and zoning regulations.
4. No arcade license shall be issued for any arcade premises which is within a radius of three thousand seven hundred fifty feet (3,750') of any preexisting school.
5. No more than fifty (50) amusement devices shall be allowed within any arcade premises.
6. No arcade license shall be issued for any premises or business that does not comply with the provisions of this chapter and all applicable governmental regulations. (Ord. 2000-O-49, 8-15-2000; amd. 2009 Code)
F. Investigation Of Applicant; Ineligibility: The application shall be referred by the clerk to the license committee of the council who shall investigate the applicant and shall make its report and recommendations on the application to the city council. Said application shall be presented to the city council within a reasonable time for approval by the council; provided, however, that no arcade license shall be issued by the city to any of the following:
1. A person who is not of good character and reputation in the city.
2. A person who has been convicted of a felony under the laws of any state or of the United States within the immediately preceding five (5) years (unless pardoned).
3. A person who has been convicted within the immediately preceding five (5) years of being the keeper of or who is keeping a house of ill fame (unless pardoned).
4. A person who has been convicted of pandering or other crime or misdemeanor or ordinance violation opposed to decency and morality within the immediately preceding five (5) years (unless pardoned).
5. A person who, at the time of application for renewal of an operator's license hereunder, would not be eligible for such license upon a first application.
6. A partnership, unless all of the partners of said partnership shall be individually qualified to obtain a license hereunder.
7. A corporation, unless all officers, managers, and directors thereof, or any shareholder owning in the aggregate more than five percent (5%) of the shares of the corporation, shall each be individually qualified to obtain a license hereunder.
8. A person who is an officer of the city or a member of the city council.
G. Authority To Reject Licenses: The city reserves the right to reject any and all applications for an arcade license hereunder or for the renewal of any arcade license previously issued by the city, and upon such rejection, the annual license fee tendered by the applicant shall be returned.
H. Issuance Or Denial Of License: With respect to such arcade licenses, the city council shall review each application for said license and shall have the authority to issue or not to issue any such license and to impose such specific rules and conditions on the licensee based on the unique nature of his establishment. This subsection shall apply upon any renewal or extension of any said license. The city reserves the right to deny or to revoke the license of any arcade which contains any amusement devices which cheat its patrons of money or amount to a gambling device.
I. Number Of Licenses: The maximum number of arcade licenses which may be issued shall not exceed none.
J. Annual Review Of Arcade Licenses: Arcade licenses shall expire and be renewable as set forth in section 4-3-7 of this chapter. Upon application for renewal of same, current information of the same type required by this chapter for the issuance of the initial license shall be provided by the applicant at the time of renewal. Further, the chief of police shall provide a report on the prior year's operation of the applicant's establishment. The city council shall have the authority to issue the arcade license, terminate the license or continue the license subject to specified rules and conditions. (Ord. 2000-O-49, 8-15-2000)