Skip to code content (skip section selection)
(a) When an application is filed for an Arcade Permit or for an increase in the number of mechanical amusement devices authorized under an existing Arcade Permit pursuant to Section 1036.3, the Director shall fix a time and place for a public hearing thereon and the Entertainment Commission shall hold the hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1036.3, except that this 45-day period shall be extended for such period or periods of time that apply under the following circumstances:
(1) If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Section 1036.5, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days.
(3) If the applicant fails to post or maintain notice of the hearing as required by Subsection (b) of this Section 1036.4, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time.
(4) If the Director finds that the Entertainment Commission is unable to meet during the 45-day time period or any permitted time extension due to emergency circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
(b) Not less than 10 days before the date of such hearing, the applicant shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the mechanical amusement devices are to be operated. Such notice shall set forth the type of mechanical amusement devices and the maximum number thereof which the applicant intends to operate. The applicant shall maintain said notice as posted until after the date of the hearing.
(c) If the Commission does not grant or deny the Arcade Permit within the time required by Subsection (a) of this Section 1036.4, including any extensions of time provided for in Subsections (a)(1)-(4), the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months in accordance with Subsection (g) of Section 1036.5 and comply with all the requirements of Sections 1036 through 1036.24.
(d) The provisions of this Section 1036.4 shall not apply to an application for an Ancillary Bar Use Permit. Such permit applications shall be reviewed and decided by the Director without a formal hearing, provided that if the Director, Entertainment Commission and/or Police Department has received more than one complaint in the last twelve months regarding the permit applicant and/or the subject premises, the Director shall have the discretion to submit such application for an Ancillary Bar Use Permit to the Entertainment Commission for its determination whether to grant or deny the permit under the provisions of Section 1036.5.
(Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)