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§ 113.24 PERMIT REQUIRED OF PROPRIETOR.
   (A)   It is unlawful for any proprietor to install, operate or maintain to be operated any coin-operated machines without first having obtained a permit from the City’s Finance and Administration Department in accordance with this subchapter. The permit shall be valid only for the number of machines therein specified. The use of additional machines shall require a new permit. The Chief of Police shall be the investigating official for the purpose of this subchapter.
   (B)   No coin-operated machines shall be installed in any proprietor’s place of business unless such a permit has been issued.
(1995 Code, § 5.36.050) Penalty, see § 113.99
§ 113.25 APPLICATION FOR PERMIT.
   (A)   (1)   The application for a permit required hereunder shall be on a form prescribed by the City’s Finance and Administration Department.
      (2)   Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct his or her investigation.
   (B)   The permit shall be permanently and conspicuously posted at the location of the machines in the premises wherein the machines are to be operated or maintained to be operated and shall not be removed from the location during the period for which the license was issued.
   (C)   No permit issued under this subchapter shall be transferable, nor apply to any premises other than originally specified as the location of the thing permitted, except with permission of the City’s License Inspector upon written application by the transferee, made in the same manner as may be required in the instance of the original application for the permit.
   (D)   (1)   Violation of any provision of this subchapter shall be grounds for revocation or suspension of the permit issued hereunder.
      (2)   Each permit is effective for a single place of business only.
   (E)   The issuance of the permit does not vest any property right in the proprietor, except to permit the use of coin-operated machines in accordance with the terms and conditions of this subchapter.
(1995 Code, § 5.36.060)
§ 113.26 APPLICATION REQUIREMENTS.
   (A)   An initial applicant for a permit under the provisions of this subchapter shall file with the City’s Finance and Administration Department a written application on a form provided for that purpose which shall be signed and verified by the applicant, who shall be the proprietor of the business sought to be licensed. A separate application must be filed for each location sought to be permitted.
   (B)   The following information is required in the application:
      (1)   The name, age, address, telephone number and residence of each applicant and if there be more than one and they are partners, the partnership name, address or, if doing business under an assumed name, the name under which the business is intended to be conducted;
      (2)   The name and address of each person interested or to become interested in the business for which the permit is sought, together with the nature of that interest, and if the applicant is a corporation, the names, addresses and ages of each officer, director and managerial employee, and the state under the laws of which the corporate applicant is incorporated; (The City’s License Inspector may, at his or her discretion, require also the names of all stockholders.)
      (3)   The premises for which a permit is sought, stating the street and number, if the premises has a street number, and otherwise such a description as will reasonably indicate the location of the premises; (The applicant shall also state the nature of the interest in the premises and the name, age and address of any other person, either as principal or associate, who is interested with the applicant, either in the premises or in the business to be licensed.)
      (4)   (a)   A statement that neither the applicant nor any other person referred to in this section has been convicted of any felony, within two years preceding his or her application; and that he or she has not had any similar permit issued to him or her revoked for cause within two years prior to the date of his or her application; (It shall be the duty of the City’s Police Department, through its Chief of Police, to investigate the criminal record of the applicant, if any, before affixing his or her signature of approval to the application. His or her signature shall constitute verification that to the best of his or her knowledge at the time of initial application the applicant has not violated any of the provisions of this section.)
         (b)   If the Chief of Police shall find such a violation of this section to exist, he or she shall immediately notify the City’s Finance and Administration Department of the same and refuse to sign the application. Such shall be sufficient grounds for denial of the requested permit.
         (c)   In the event that the applicant shall, at any time, be found to have made any false statement or material omission on the application, the same shall constitute grounds for immediate revocation of the license or permit issued hereunder.
      (5)   The name, address and phone number of the manager or operator of the premises to be permitted if the person is not the proprietor;
      (6)   (a)   The signatures of not less than 10 owner/occupiers of real estate parcels within a radius of 200 feet of the place in which the game room shall be operated signifying their consent or acquiescence to the operation of the business; provided, however, that, if there are less than 10 owner/occupiers of real estate parcels located within such radius, then the application shall contain the signatures of not less than 2/3 of all the owner/occupiers of real estate parcels within the prescribed distance.
         (b)   An owner/occupier of a real estate parcel under this section shall be construed as 1 individual person who is vested the ownership or title or partial ownership or title to the real estate parcel within the prescribed radius and who is also an actual occupier living within the residence or structure located upon the real estate parcel within the prescribed radius. Any owner of a real estate parcel within the prescribed radius who does not actually reside upon the parcel or any occupier of the residence or structure upon the parcel who does not own or partially own the same shall not qualify as an appropriate signer on the application.
         (c)   It is imperative that the conditions set forth above shall be met. There shall only be 1 individual person (owner/occupier) permitted to sign for each real estate parcel within the prescribed radius. A husband and wife or any joint owners of a parcel of real estate shall be considered as 1 individual person under this section and shall be permitted to sign only once as the owner/occupier for the entire parcel of real estate located within the prescribed radius.
         (d)   Furthermore, any person or persons who may own more than 1 parcel of real estate within the prescribed radius shall be expressly prohibited from signing more than once on any application regardless of the total number of parcels of real estate he or she may own within the prescribed radius.
         (e)   The measurement of the prescribed radius, that being 200 feet, shall be taken in a straight line from and to the nearest points of the respective properties.
      (7)   The signature of the owner/occupier of the premises where the game room shall be operated;
      (8)   If, after a permit has been issued, there is a change in any of the facts required to be set forth in the application, a verified supplemental statement, in writing, giving notice of the change shall be filed with the City’s Finance and Administration Department within 10 days after the change. The word “change,” with reference to corporate licensees, is construed to include any change of directors or officers of the corporation or a change in ownership of stock whereby any person secures 10% of the outstanding stock or effects a transfer of the percentage of stock; transfer of more than 10% of the total stock shall require a new license;
      (9)   Other information as the City’s Finance and Administration Department may require; and (Any information shall be conclusively presumed to be correct and shall be deemed material in any subsequent prosecutions.)
      (10)   Advertising and signature requirements under these provisions shall be required of all initial permit applicants and for all transfers but shall not apply to permit renewals. The City’s Finance and Administration Department may refuse to approve issuance or renewal of a permit for failure to comply with any of the above-stated provisions.
(1995 Code, § 5.36.070)
§ 113.27 RENEWALS.
   Application for the renewal of a pre-existing permit may be made informally to the City’s Finance and Administration Department by citation of the previous year’s permit number and the presentation to him or her of the established fees therefor.
(1995 Code, § 5.36.080)
§ 113.28 REASONS FOR DENIAL OF PERMIT.
   (A)   The City’s Finance and Administration Department shall not issue or renew a permit under this subchapter and shall suspend or cancel a permit if it be determined that the applicant or permittee is indebted to the City for any fee, costs, penalties or delinquent taxes.
   (B)   (1)   It is unlawful for any proprietor of a business establishment being conducted as a game room to cause, permit or allow the same to be located, operated or maintained within 200 feet of a building used primarily as a church or for classrooms of a school or from the nearest street entrance to a school playground; nor within 200 feet from any residential zone; nor within 200 feet from any other existing game room; nor within 200 feet of any public library.
      (2)   The distance is to be measured in a straight line from and to the nearest points of the respective properties.
      (3)   The restrictions established hereunder shall not apply to game rooms lawfully in existence and operating upon the effective date of this subchapter.
   (C)   The City’s Finance and Administration Department may refuse to issue any permit under this subchapter for any premises that have living quarters with direct entry to the premises.
(1995 Code, § 5.36.090)
§ 113.29 REPLACEMENT PERMIT.
   A replacement permit may be issued for one lost, destroyed or mutilated, upon application on a form provided by the City’s Finance and Administration Department. A replacement permit shall have the word “replacement” stamped across its face and shall bear the same number as the one it replaces.
(1995 Code, § 5.36.100)
§ 113.30 OCCUPATIONAL LICENSE FEE.
   The license fee shall be controlled by the City occupational license tax ordinance.
(1995 Code, § 5.36.110)
§ 113.31 RESPONSIBILITIES OF PROPRIETOR.
   (A)   (1)   It shall be required that the proprietor of all business establishments being operated as a game room submit to and file with the City’s Finance and Administration Department a complete floor plan of the premises which shall clearly indicate all points of entrance and exit. The floor plan shall be drawn on the form to be submitted to each proprietor by the City’s Finance and Administration Department. It shall be submitted by the proprietor to the City’s Finance and Administration Department at the time of his or her next permit renewal or at the time of initial application for the permit.
      (2)   (a)   The proprietor shall be required to supplement or update the floor plan from time to time and in the event that the business premises shall undergo any change in the number of entrances and exits.
         (b)   The addition to or removal from any business premises of any entrance or exit shall be clearly indicated on the supplemental or updated floor plan.
      (3)   An entrance or exit shall be construed as a door, opening or passageway that is or can be used as a point of ingress and egress to the business premises.
   (B)   The premises in which such coin-operated machines are located shall conform to all building codes and fire prevention codes of the City and commonwealth and the Fire Chief of the City and his or her assistants and the Building Inspector may enter into the premises where the machines are located at any time during normal business hours for the purpose of inspecting the premises for fire hazards.
   (C)   Any proprietor who desires a permit for the operation of 10 or more coin-operated machines in 1 specific location shall be required to provide sufficient off-street parking to accommodate the motor vehicles of the patrons. The parking area shall be maintained in a safe, clean manner and shall not interfere with safe and expeditious movement of other vehicular or pedestrian traffic.
   (D)   (1)   All coin-operated machines and any person operating the same must be visible from the entrance to the business establishment being conducted as a game room and the entrance must be unlocked during all times that the premises in question is open for business.
      (2)   All law enforcement personnel of the City shall have the right to enter into the premises, which shall also include the right to enter into any adjoining or adjacent room or rooms to the licensed premises, at any time during normal business hours for the purpose of enforcement of the terms of this subchapter.
      (3)   The lighting in the business establishment being conducted as a game room must be sufficient enough that all coin-operated machines and any person operating the same are clearly visible from the entrance. Lighting emitted solely from the coin-operated machine itself shall not be sufficient.
      (4)   Failure to comply with this provision shall be grounds for revocation or suspension of the permit issued under this subchapter.
(1995 Code, § 5.36.120)
§ 113.32 GENERAL REGULATIONS.
   (A)   The sale, purchase, possession or consumption of any alcoholic beverages upon or within any game room unless the premises is licensed under the appropriate provisions of the Kentucky Revised Statutes and the ordinances of the City for the sale, purchase, possession or consumption of alcoholic beverages, is expressly prohibited.
   (B)   Each proprietor shall have present on the premises at least 1 adult operator at all times that the premises are open to the public who has not been convicted of a felony and who has been so certified by the Newport Police Department.
   (C)   (1)   No proprietor shall permit any indecent, immoral or profane language or indecent, immoral or disorderly conduct, on or within the premises.
      (2)   No proprietor shall permit the licensed premises to become a resort for disorderly persons of any type.
   (D)   No proprietor shall permit gambling or the use, possession or presence of gambling paraphernalia in the premises. The winning of anything of value as a result of the operation of a coin-operated machine shall constitute gambling. However, the winning of a prize that does not exceed $100 in value in a scheduled tournament shall not constitute gambling.
   (E)   No proprietor shall permit intoxicated persons to loiter on the premises.
   (F)   No proprietor shall permit any persons under the age of 18 years to be upon the premises at any time unless accompanied by a parent or legal guardian. In the event such a person shall be accompanied by a parent or legal guardian, the person shall be permitted to play such coin-operated machines.
   (G)   No proprietor shall permit the possession or use of any unlawful drug or narcotic, including marijuana, on the premises.
   (H)   No proprietor shall permit noise or music to emerge from licensed premises.
(1995 Code, § 5.36.130) Penalty, see § 113.99
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