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(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)
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)
(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)
(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
Any business establishment being conducted as a “game room” in which there are contained coin-operated machines shall not lawfully remain open after the hour of 12:00 a.m.
(1995 Code, § 5.36.140) Penalty, see § 113.99
It is unlawful and contrary to public policy for any proprietor of coin-operated machines to permit any person not having attained his or her eighteenth birthday to play, operate, assist, manage or attempt thereto, any coin-operated machines or device of similar contrivance, regardless of label or name there affixed, within the confines of the City, unless the person not having attained his or her eighteenth birthday is accompanied by a parent or legal guardian who shall permit the person to operate any coin-operated machine.
(1995 Code, § 5.36.150) Penalty, see § 113.99
(A) The licensing of all proprietors and coin-operated machines, as provided in this subchapter, and the enforcement of any and all the provisions shall be under the control of the City’s License Inspector.
(B) The City’s License Inspector is authorized to promulgate such rules and regulations, not inconsistent with the provisions of this subchapter, as he or she shall deem necessary to carry out the provisions herein.
(1995 Code, § 5.36.170)
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