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(A) Any application for a license hereunder shall be referred to the chief law enforcement officer and to other persons on the city’s staff as the City Administrator shall deem necessary. The city official to whom the application has been referred shall investigate the location wherein the applicant is proposing to operate the amusement arcade; shall ascertain if the applicant, or the manager of the licenses business, is under 21 years of age, an alien or a foreign corporation; and shall ascertain whether the applicant, manager or person owning the proposed licensed activity is of good moral character and repute, has not been convicted of an offense which relates to the conduct of the licenses business, has operated a similar business elsewhere which was not violative of the provisions of this code and has never been denied a license to conduct a like or similar activity or had such a license suspended, revoked or canceled.
(B) The chief and any other city official to whom the application has been referred shall recommend approval or disapproval of the application.
(Prior Code, § 6.72) (Ord. 152, Third Series, effective 10-7-1993)
(A) Existence of any of the following conditions shall render the applicant ineligible for a license, renewal thereof, or be cause for revocation or suspension unless the Council, in its sole opinion, determines that the applicant has shown sufficient extenuating circumstances to warrant the issuance of a license or not revoke or suspend regardless of the existing conditions:
(1) If the applicant, or the manager of the licensed business, is:
(a) Under 21 years of age;
(b) An alien; and/or
(c) A foreign corporation.
(2) If the applicant, manager or person owning the licensed activity:
(a) Is not a person of good moral character and repute;
(b) Has been convicted of an offense which relates to the conduct of the license or had a similar license within or without the city suspended, revoked or canceled;
(c) Has been denied a license to conduct a similar activity or has had the license suspended, revoked or canceled; and/or
(d) Has been convicted within ten years of any controlled substance or alcohol-related crimes relating to the sale, distribution, growing, manufacture or use thereof.
(B) The foregoing shall not be the only grounds, however, for denial of the license.
(Prior Code, § 6.72) (Ord. 152, Third Series, effective 10-7-1993)
If the mechanical amusement devices to be operated in the amusement arcade are of the type described in § 112.40 of this chapter, the applicant shall also submit along with his or her application a certificate of liability insurance coverage in at least the sum of $100,000 for injury to any one person, $300,000 for injury to more than one person, naming the city as an insured during the license period.
(Prior Code, § 6.72) (Ord. 152, Third Series, effective 10-7-1993)
The following conditions shall govern the issuance and holding of all amusement arcade licenses granted pursuant to this subchapter and the violation of any provision shall be cause for revocation or suspension thereof.
(A) Order. It shall be the responsibility of the licensee to maintain order on the premises of the amusement arcade, and in and upon any parking lot appurtenant thereto, and adjacent premises, at all times.
(B) Consumption of alcoholic beverages prohibited. The consumption of alcoholic beverages, whether classified as intoxicating or non-intoxicating, or the use of any controlled substance shall not be permitted on any part of the premises of the amusement arcade.
(C) Hours of operation. On all weekdays of the year, except Sunday, an amusement arcade shall be open only between the hours of 8:00 a.m. and 12:00 midnight. On all Sundays of the year, an amusement arcade shall be open only between the hours of 3:00 p.m. and 11:00 p.m.
(D) Supervision. The licensee shall provide a full-time manager of at least 21 years of age upon the premises of the amusement arcade during all hours in which it is open for business.
(E) Entrance of minors. No person under the age of ten years shall be permitted to enter or remain on any part of the premises of the amusement arcade unless accompanied by his or her parent or legal guardian.
(F) Compliance with laws. The premises of the amusement arcade, and the licensee, shall fully comply with all applicable state, federal and local regulations whatsoever dealing with the operation of the licenses business or activity.
(G) Fire hazards. It shall be the responsibility of the licensee, or his or her manager, to see that the premises of the amusement arcade do not become overcrowded and that the same are maintained in a clean and orderly manner so as to constitute a hazard to the health or safety of the persons therein.
(H) Exits and entrances. The premises of the amusement arcade shall have adequate entrances and exits at the front and rear thereof, but may have no entrances to or exits from adjoining buildings.
(I) Smoking prohibited.
(1) (a) The sale, use or smoking of tobacco or any other similar product in an amusement arcade is prohibited.
(b) The licensee shall be responsible to ensure that this restriction is strictly enforced.
(2) This provision shall not apply if the premises of the amusement arcade is part of a licensed alcoholic beverage premises in which event no person under 18 is allowed unless accompanied by a parent or legal guardian or as otherwise authorized by city code.
(J) Illumination. All public portions of the interior of the amusement arcade shall be so illuminated as to ensure proper and complete observation of patrons at all times.
(Prior Code, § 6.72) (Ord. 152, Third Series, effective 10-7-1993) Penalty, see § 10.99
The City Council may suspend for a period not to exceed 60 days, or revoke any license issued under this code whenever the licensee, its owner, manager, employees or agents of the licensee have engaged in any of the following:
(A) Fraud, deception or misrepresentation in connection with the securing of the license;
(B) Conduct inimical to the interests of public health, safety, welfare or morals;
(C) Conduct involving moral turpitude;
(D) Conviction of an offense involving moral turpitude by any court of competent jurisdiction;
(E) Conviction of an offense which relates to the conduct of the licenses business;
(F) Violation of any provision of this code or any other federal, state or local law, rule or regulation with a potential penalty for violation thereof greater than a petty misdemeanor; or
(G) Failure to comply with any of the conditions imposed on the license, or the conditions of licensure, or engaging in conduct which would be grounds for denial of an initial application for licensure.
(Prior Code, § 6.72) (Ord. 152, Third Series, effective 10-7-1993)