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All persons licensed under this chapter shall be subject to the regulations of the Town Council. In addition to the other terms and conditions contained in this chapter, any licenses issued hereunder shall be conditional on and subject to the following:
(A) Enforcement of truancy laws. It shall be a violation of this chapter for an exhibitor or employee to allow a child under 16 years of age who is subject to compulsory school attendance laws of the state and who is not accompanied by a parent, custodian or legal guardian to be present in an amusement location between the hours of 7:30 a.m. and 3:00 p.m. on a day when that child's school is in session.
(B) Enforcement of minor curfew. It shall be a violation of this chapter for an exhibitor or an exhibitor's employee to allow a person who has not reached the age of 18 years to be present in an amusement location after the hours established by statute or town ordinance for juvenile curfew unless accompanied by a parent, legal guardian, custodian or an adult specified by the child's parent, legal guardian or custodian [see § 130.20 et seq.].
(C) Use of pool/billiard tables by minors restricted. No person operating an amusement location wherein pool or billiard tables are maintained or other games requiring the use of cue and balls, shall permit any person under 18 years of age to use those tables or games except in the company of a parent or guardian.
(D) Notice of certain regulations required. It shall be a violation of this chapter to operate an amusement location unless a sign is conspicuously posted inside the location stating the regulations applicable under division (A), (B) and if applicable, (C) above.
(E) Full-time adult attendant required. It shall be a violation of this chapter to operate an amusement location without having a full-time adult operator and/or attendant on duty at all time when the same is open to the public and/or when customers are present on the premises.
(F) Persons operating amusement machines required to be visible. It shall be a violation of this chapter to allow a patron to be present in or operate an amusement machine unless he or she is totally visible.
(G) Security requirement. It shall be a violation of this chapter for an exhibitor or the exhibitor's employee to operate an amusement location without providing adequate protection and security to persons visiting the premises or to property of persons located on the premises.
(H) Enforcement of orderly conduct. It shall be a violation of this chapter for an exhibitor or the exhibitor's employee to permit persons to congregate in a disturbing manner on the premises of his or her place of business.
(I) Proximity of amusement devices to schools and playgrounds restricted. No holder of any license issued under this chapter shall cause or allow any amusement device to be located, operated or maintained within 300 feet of the nearest street entrance to or exit from any public playground or public or private school of elementary, junior high or high school level.
(J) Valuable inducements and payoffs prohibited. No holder of any license issued under this chapter or his or her employee, shall allow or permit any award, payoff or delivery of anything of value or representing or exchangeable or redeemable for anything of value in any play, contest, tournament or individual's operation of an amusement device and it shall be a violation of this chapter for any exhibitor or his or her employee to cause or permit or allow the same.
(K) General compliance with laws and ordinances; operation of illegal devices prohibited. No exhibitor or exhibitor's employee shall violate any statute or town ordinance, including this chapter, or allow any other person to commit a violation on the premises of the exhibitor's place of business. Nothing in this chapter shall be deemed to permit the licensing, maintenance or operation of any amusement device which is contrary to any of the laws of the state or the United States, or the town, nor to permit the operation of any amusement device licensed under this chapter in such manner as to be contrary to any of the laws.
('85 Code, § 3-1-13) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
Cross-reference:
Offenses against city regulations, see Ch. 130
The Town Marshal and the Marshal's deputies shall be authorized to make periodic inspection of the premises and of amusement machines or devices for the purpose of ascertaining whether the applicant is abiding by each and every term of the licenses under this chapter, as well as other ordinances of the town and the laws of the state. The applicant, as well as the applicant's employees and agents, shall cooperate with the Marshal and shall provide access to the premises and the machines or devices.
('85 Code, § 3-1-14) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
(A) Licenses issued under this chapter may be suspended or revoked by the Town Council President if there is a finding that the person complained of has:
(1) Willfully violated a term or condition of his or her license or the terms and provisions of this chapter;
(2) Willfully done or permitted an act in violation of a state statute or an ordinance of the town relating to the business licensed;
(3) Made misrepresentations or failed to make correct and full disclosures and statements on the application for a license or in responding to any question posed to him by an officer of the town;
(4) Conducted the licensed business in such a manner as to constitute a threat to the public health, safety and general welfare; or
(5) The exhibitor or the exhibitor's employee has permitted any act or conduct prohibited by § 111.25.
(B) Upon revocation or suspension of a license under this section, the Clerk-Treasurer shall give written notice of that action to the licensee by certified mail stating therein the reasons. A licensee whose license is revoked or suspended is entitled to a hearing in the manner provided by § 111.28. Suspension or revocation of the license is in addition to any penalties that may apply under § 111.99 for violating the provisions of this chapter.
('85 Code, § 3-1-15) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
Any applicant whose application is denied under § 111.20 or any licensee whose license is suspended or revoked under § 111.27 may, within ten days after the mailing of the notice, request a hearing on the action before the Town Council which may reverse, modify or affirm its or the President's prior decision. If no request for a hearing is made within the ten-day period, the decision of the Council and/or its President shall be final.
('85 Code, § 3-1-16) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
Every person desiring to continue business after the expiration of the license period shall file an application for renewal not less than 30 days prior to the expiration of the license period. The fiscal officer may accept an application for renewal after the time specified above, if the application is filed before the expiration of the former license, provided, the license fee in that case shall be the renewal fee plus 10% thereof. The fiscal officer may accept an application for renewal filed after the expiration of the former license, provided, the license fee in that case shall be the renewal fee plus 25%. All renewal fees hereunder shall be identical to the fees for the original licenses which are set out in § 111.18, plus late fees, if any.
('85 Code, § 3-1-17) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85) Penalty, see § 111.99
Any person, firm or corporation which violates any provisions of this chapter, or who undertakes, permits or allows an act or conduct prohibited herein, shall, upon conviction, be punished with a minimum fine of $25 and a maximum fine of $2,500 in addition to costs. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues. A minimum fine imposed hereunder cannot be waived or suspended. In addition to the foregoing, the town is empowered to obtain a restraining order and/or a permanent injunction against any person who shall be in violation of this chapter. A person against whom the town recovers a judgement shall pay all costs of the court action and the town's attorney fees.
('85 Code, § 3-1-18) (Ord. 1983-1, passed 4-13-83; Am. Ord. 1985-C12, passed 9-16-85)