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No person shall conduct or operate an accessory amusement area in the City without having first obtained a license therefor as provided in this chapter, which license shall be designated as an "amusement area license".
(Ord. 98-82. Passed 12-20-1982.)
No person shall conduct or operate an arcade amusement center in the City without having first obtained a license therefor as provided in this chapter which license shall be designated as an "amusement center license".
(Ord. 98-82. Passed 12-20-1982.)
Authority is hereby established and vested in the Building Commissioner to consider applications for licenses under this chapter, conduct investigations thereon, issue or deny issuance of such licenses based upon the criteria set forth in this chapter.
(Ord. 98-82. Passed 12-20-1982.)
(a) All Licenses. All licenses issued under this chapter shall have the following characteristics:
(1) Such license shall be an annual license which covers a period from May 1 through April 30 of each year unless earlier suspended or revoked.
(2) Such license shall vest a personal privilege but not any property rights in the licensee.
(3) Such license shall be required to be displayed permanently in a conspicuous place upon the premises for which it is issued.
(4) Such license shall be issued in the name of the applicant.
(5) Such license shall neither be assignable nor transferable, either as to person or location.
(6) Such license, if lost, destroyed or mutilated, upon application within thirty days thereof, may be replaced by a replacement license issued by the Building Commissioner bearing the word "REPLACEMENT" across its face and bearing the same license number as the license which it replaces.
(b) Amusement Device Licenses. All amusement device licenses issued under this chapter shall have the following characteristics:
(1) Such license shall be issued for an individual amusement device only.
(2) Such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of the amusement device for which it was issued.
(3) Such license, if changed, mutilated, erased or in any manner defaced, shall be void, and any amusement device which the same shall purport to license shall be deemed an unlicenced amusement device.
(c) Arcade Amusement Center and Accessory Amusement Area Licenses. All amusement device business licenses issued under this chapter shall have the following characteristics:
(1) Such license shall be issued only for an individual business at an individual premises.
(2) Such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of each amusement device located upon the premises for which it was issued.
(Ord. 98-82. Passed 12-20-1982. )
(a) Application for License. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Building Commissioner. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners of partnerships, shareholders of corporations, and principals of any other type of business entity. In the event that no person owns twenty-five percent (25%) or more of the amusement device business, such application shall be signed by an authorized representative of the amusement device business.
All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants.
(b) Contents of Application. The application shall specify whether it is for an accessory amusement area license, and accompanying amusement device licenses, or for an arcade amusement center license, and accompanying amusement device licenses, and shall contain the following information as to all owners:
(l) True name and all names used in the past five years.
(2) Date of birth.
(3) Permanent home address and all home addresses used in the past five years.
(4) Business and home telephone numbers.
(5) Employment history for the past five years.
(6) A statement as to whether the owner has been convicted of any crime other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the penalty imposed.
(7) Whether the owner has ever conducted an amusement device business and, if so, when, where and for how long.
(8) Nature and description of operation of main type of business activity to be conducted upon the premises.
(9) Nature and description of operation of any business to be conducted in conjunction with the amusement device business and the anticipated percentage of gross revenue to be derived from each respective business.
(10) Address and telephone number of the premises and of the business, if different than that of the premises.
(11) Name under which the business and premises shall be operated.
(12) A statement as to whether the owner shall directly operate the amusement device business, or whether an operator who is not an owner shall operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator.
(13) A floor plan of the premises and immediate vicinity drawn to scale, showing the square footage and placement of amusement devices, exits, windows, storage spaces, bicycle storage racks and off-street parking.
(14) A map showing all schools, playgrounds, parks or other arcade amusement centers within a radius of 1,000 feet of the premises and all churches within a radius of 500 feet of the premises.
(15) Name, address and telephone number of agent of business upon whom service of process can effectively and validly be made.
(16) The number, type, name, model and manufacturer's serial number of each amusement device requested to be licensed.
(17) The name and address of the owner, distributor and manufacturer of each amusement device requested to be licensed.
(18) Specification of terms of agreement governing the acquisition and installation of each amusement device requested to be licensed.
(19) A description as to the nature and type of property or services which shall be sold or supplied upon the premises.
(20) Copy of title or lease to the premises.
(21) Copy of Articles of Incorporation, if owner is a corporation.
(22) Specification of the days of the week and the hours of the day during which the licensed activity shall be conducted.
(23) Any other information which the Building Commissioner may deem reasonably necessary for the full interest of the public in the application.
(c) Reports of City Officials. Upon receipt of an application for a license under this chapter, the Building Commissioner shall determine whether all building and zoning laws have been satisfied, and shall request the following reports, which shall be rendered to them within thirty days of the date of filing of the application:
(1) A written report from the Chief of Fire as to whether the premises and amusement devices thereon shall create a fire hazard.
(2) A written report from the Chief of Police specifying with regard to all owners and operators any convictions for any felony or of a misdemeanor involving the operation of an amusement device business, or involving physical violence, gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(d) Determination Process.
(1) Building Commissioner. All applications for licenses under this chapter shall be considered by the Building' Commissioner who shall within ten days after receiving the written reports either issue such license or deny issuance of such license.
(2) Appeal to Board. In the event of the denial of issuance of such license, the applicant shall be notified of such denial and the specific reasons therefor in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application. The applicant shall have ten days after receipt of such notice within which to appeal such denial, by filing a written notice of appeal with the Mayor. Thereupon, the applicant shall have not less than ten days' notice of the date and place of the hearing. The appeal shall be heard by the Board of Zoning Appeals, which Board shall have the power after such hearing to confirm the denial, order the license to be issued, or at its discretion to issue a conditional or probationary license. In rendering its decision, the Board may, for good cause shown, modify or waive any of the provisions of this chapter in the interest of justice.
(3) Appeal to court. The decision of the Board may, within thirty days thereof, be appealed to a court of competent jurisdiction under Ohio R. C. Chapter 2506.
(e) License Renewal. Each amusement device license and amusement device business license must be renewed annually. At time of renewal, a statement shall be filed with the Building Commissioner that the information listed on the original application for license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Building Commissioner listing each and every item of information which has changed since the original application. Such statement shall be signed by the same persons who signed the original application. The Building Commissioner may determine to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license.
(Ord. 98-82. Passed 12-20-
19
82.)
No amusement center license shall issue or be renewed for any business or premises:
(a) Where any one or more of the owners or the operator has been convicted within the last five years of any felony or of any misdemeanor involving the operation of an amusement device business, or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(b) Where the premises do not specifically designate at least 100 gross square feet of floor area for each amusement device to be located upon the premises, excluding areas used for other principal uses.
(c) Where the premises do not provide at least one off-street parking place for each five amusement devices.
(d) Where the premises do not provide bicycle storage racks to house at least one bicycle for each two amusement devices to be located upon the premises, which racks shall not interfere with the safe and expeditious movement of pedestrian traffic
(e) Where the premises are located within 1,000 feet of any school, playground, park or other arcade amusement center or within 500 feet of any church, measured by the shortest legal walking distance between the main entrance of the premises and the main entrance of the other facility.
(f) Where the premises are not demonstrated to be sufficiently insulated to prevent noise of both the amusement devices and the patrons from entering adjacent premises or which do not conform with the Lakewood Noise Control Law.
(g) Where it is determined that the premises or operation thereof would be in violation of any provision of the Building Code, Zoning Code, Fire Code or any - other pertinent provisions of local, state or federal law.
(h) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the license.
(i) Where the application failed to provide all of the required information.
(j) Where not all terms and conditions under this chapter and all other applicable ordinances and statutes are complied with. (Ord. 98-82. Passed 12-20-1982.)
(a) Arcade Amusement Centers. In addition to any other condition or regulation contained in this chapter or in the statutes of the State, the following conditions and regulations shall be applicable to and shall govern and control all licenses of arcade amusement centers:
(1) Each such licensee shall, at all times, open each and every portion of the premises for inspection by the Police Department and other City departments for the purpose of enforcing any provisions of this chapter.
(2) Each such licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of an amusement device business, or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(3) No such licensee shall open the premises for business except between the following hours (local time) on the following days:
Sunday through Thursday 9 a. m. to 10 p. m.
Friday and Saturday 9 a.m. to 11 p.m.
(4) No such licensee shall allow living quarters to exist with direct entry to the premises.
(5) No such licensee shall operate the amusement device business other than on street level or on a level within three feet thereof.
6) Each such licensee shall control any restrooms upon the premises by use of a key and shall permit restrooms to be used only by one person at a time.
(7) No such licensee shall offer any tobacco products for sale upon the premises, or allow the use of any tobacco products by any person under the age of eighteen years upon the premises.
(8) No such licensee shall allow any person other than an owner or operator over the age of eighteen years who shall be readily identifiable to be in control of the premises, nor allow such operator to be regularly situated in a place upon the premises other than from which he has an unobstructed view of the entire portion of the premises devoted to the operation of amusement devices.
(9) No such licensee shall permit any person under the age of fifteen years upon the premises unless accompanied by a parent, legal guardian or adult member of the immediate family of such person.
(10) No such licensee shall permit any person under the age of eighteen years upon the premises if either parent or legal guardian of such person shall notify the licensee of their objection to such minor's presence upon the premises. Such notification shall be in writing, accompanied by a recent photograph of such minor, and be delivered to the licensee or operator in person or by registered U. S. mail.
(11) No such licensee shall permit any person under the age of eighteen years upon the premises prior to 3:30 p.m. (local time) on such days as any school within the City is open for regular school attendance.
(b) Accessory Amusement Areas and Arcade Amusement Centers. All amusement devices upon the premises of accessory amusement areas and arcade amusement centers shall be located thereon in conformity with the floor plan filed with the application for license and in such a manner:
(1) So as not to impair ingress or egress to the premises.
(2) So as not to interfere with free and unfettered passage through the premises.
(3) So that at least 100 gross square feet of floor area is specifically designated for each amusement device, excluding areas used for other principal uses.
(4) So that there shall be a minimum unobstructed area of five feet on either side of each amusement device where persons may use, watch or wait to use such amusement device.
(5) So as to permit a clear and complete view of the interior of the premises immediately upon entry.
(6) So that the back of any amusement device is not exposed to a window.
(Ord. 98-82. Passed 12-20-1982.)
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