(A) Upon receipt of the application, license fee, and investigation fee, the City Administrator shall cause the application, applicant(s), and proposed amusement arcade premises to be investigated promptly.
(B) Within 30 days after receipt of a complete application, the City Administrator shall issue a license to the applicant(s) unless the City Administrator finds one or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) An applicant is delinquent in the applicant’s payment of ad valorem taxes, fees, fines, or penalties assessed against the applicant or imposed upon the applicant for any purpose.
(3) An applicant has intentionally failed to provide information reasonably necessary for issuance of the license or has intentionally falsely answered a question or request for information on the application form.
(4) An applicant has been convicted of a violation of a provision of this chapter within 2 years immediately preceding the application; and the fact that a conviction is being appealed shall have no effect.
(5) An applicant is residing with a person who has been denied a license by the city to operate an amusement arcade within the preceding 12 months, or residing with a person whose license to operate an amusement arcade has been revoked within the preceding 12 months.
(6) The premises to be used for the amusement arcade have not been approved by the Fire Marshall, Fire Chief, or Assistant Fire Chief and the Building Official as being in compliance with applicable laws and ordinances. The Fire Marshall, Fire Chief, or Assistant Fire Chief and the Building Inspector must inspect the premises and issue an inspection report within 30 days after the applicant identifies the premises and requests an inspection.
(7) The license fee required by this section has not been paid.
(8) Within the preceding 12 months the applicant has been employed in a managerial capacity in a business licensed by the city and has demonstrated that the applicant was unable to operate or manage the business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers on 2 or more occasions during the preceding 12-month period.
(9) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter.
(10) An applicant, an applicant’s spouse, or a person with whom the applicant lives has been convicted of a crime:
(a) Involving any of the following offenses:
1. Sale, display, dissemination, distribution, or exhibition of harmful material to minors as described in Minn. Stat. § 617.293 and 617.294;
2. Criminal sexual conduct as described in Minn. Stat. §§ 609.342, 609.343, 609.344, and 609.345;
3. Prostitution as described in Minn. Stat. § 609.321;
4. Solicitation, inducement or promotion of prostitution as described in Minn. Stat. § 609.322;
5. Receiving profit derived from prostitution as described in Minn. Stat. § 609.323;
6. Other prohibited acts relating to prostitution as described in Minn. Stat. § 609.324;
7. Obscenity as described in Minn. Stat. § 617.241;
8. Sexual performance by a child as described in Minn. Stat. § 617.246;
9. Dissemination or possession of child pornography as described in Minn. Stat. § 617.247;
10. Indecent exposure as described in Minn. Stat. § 617.23;
11. Incest, as described in Minn. Stat. § 609.365; or
12. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; and
(b) For which:
1. Less than 2 years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than 5 years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than 5 years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of 2 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
(C) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(D) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (B)(10)(a) above in this section, may qualify for an amusement arcade business license only when the time period required by division (B)(10)(b) has elapsed.
(E) The license, if granted:
(1) Shall state the name of the person or persons to whom it is granted, the expiration date, and the address of the amusement arcade; and
(2) Shall be posted in a conspicuous place at or near the entrance to the amusement arcade so that it may be easily read at any time.
(Ord. 141, 5th Series, passed 9-20-2005)