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(a) Application of Section. This section shall apply to amusement arcades.
(b) Purpose; Intent; Conflicts. The purpose of this section is to promote the public health, safety and general welfare by regulating amusement arcades. It is also the intent of this section to coordinate the provisions of this Zoning Code with the requirements of any governmental agency governing the licensing and regulation of mechanical amusement devices so that the more restrictive requirement or the more severe penalty shall prevail, in the event of any conflict between the respective regulations.
(c) Conditional Use Permit Required. No amusement arcade shall be established, operated and/or maintained unless it complies with the district regulations, is authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1254 and complies with the following criteria:
(1) An amusement arcade shall have a person who is eighteen years of age or older on the premises supervising the amusement arcade at all times during its hours of operation.
(2) When required to do so by the appropriate law enforcement agency, an amusement arcade shall provide the necessary security personnel to police the interior and exterior of the premises.
(3) Around each amusement device, there shall be a minimum clear area that extends outward two feet from each side and four feet from the front of the device. The minimum clear area of one amusement device shall not overlap the minimum clear area of any other amusement device.
(4) Prior to the issuance of a conditional use permit, the applicant shall provide evidence that the structure and/or premises meets the minimum requirements of the appropriate building codes, as adopted in Title Two of the Building and Housing Code, and the Ohio Fire Code, as adopted in Section 1610.01 of the Fire Prevention Code. The operator shall provide the same kind of evidence to the Zoning Administrator once every twelve months after approval of the conditional use permit.
(5) If the proposed arcade is to be located in a free standing building, the application for the conditional use permit shall include an approvable exterior lighting plan.
(6) No amusement arcade shall be established, operated or maintained in any place of business or on any premises that is within 500 feet of any elementary school, middle school, junior high school, high school or adult entertainment business.
(7) The application for the conditional use permit shall be accompanied by a copy of the applicant's license to operate amusement devices and a notarized statement that the applicant will not permit any person fourteen years of age or younger to enter the premises and/or to operate any amusement device on the premises before 4:00 p.m. on days when school is in session during the regular nine-month school year. If the applicant violates such commitment, it shall be deemed a violation of this Zoning Code.
(d) Nuisance Conditions Prohibited. The operator of an amusement arcade shall maintain peace, quiet and order in and about the premises. Failure to do so shall constitute a nuisance and shall be deemed to be a violation of this Zoning Code.
(e) Complaints. Any resident or property owner of the City may submit to the Zoning Administrator a written notice of complaint regarding the operation of any amusement arcade. The notice of complaint shall include the name and address of the complainant, the name and address of the amusement arcade and the specific reasons (noise, trash, congestion, etc.) why the person is complaining.
After interviewing both the complainant and the amusement arcade operator, the Zoning Administrator shall determine whether or not there is a problem and, if so, shall seek to arrive at a reasonable remedy. If the problem persists, or if a remedy cannot be agreed upon, the Zoning Administrator shall document the situation and refer the matter to the Board of Zoning Appeals for its decision regarding the continued validity of the conditional use permit.
(f) Termination and Revocation of Conditional Use Permit. The conditional use permit for any amusement arcade shall terminate immediately when the license to operate the amusement arcade is revoked or lapses or when the operator is convicted of any minor misdemeanor or a greater crime. In addition, the Zoning Administrator shall revoke immediately the conditional use permit for any amusement arcade if ordered to do so by the Board of Zoning Appeals after a public hearing.
(Ord. 186-91. Passed 10-15-92.)