[Code 1992, § 12.10(1)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any single premises or location at which is located more
than nine mechanical or electronic amusement devices.
Any machine, device or game which, upon the insertion of
a coin, slug, token or similar item, permits a person or operator
to use the device as a game or contest of skill or amusement, whether
or not the device registers a score, and which is not a gambling device.
The term shall include, but not be limited to, jukeboxes, electronic
or mechanical game machines, pinball machines and pool or billiard
tables.
Any single premises or location at which is located between
four and nine mechanical or electronic amusement devices.
[Code 1992, § 12.10(3)(a)]
No license shall be granted for any mechanical or electronic
amusement device or arcade unless the premises complies with all fire
and building code requirements of the City and state, provides adequate
room for operation of the devices without blocking access and is an
otherwise safe and sanitary environment.
[Code 1992, § 12.10(3)(b)]
No mechanical or electronic amusement device or arcade license
shall be granted unless the applicant therefor shows that the premises
will be adequately supervised.
[Code 1992, § 12.10(3)(c)]
The licensee shall maintain supervision of the premises in such
a manner as to ensure that no disorderly conduct, gambling or other
activity prohibited by local ordinance or state or federal law is
permitted on such premises.
[Code 1992, § 12.10(3)(d)]
No mechanical or electronic amusement device may lawfully be
operated in the City unless there is affixed thereto a Department
of Justice AD number, if required by law. If any device is found in
the City without such registration number, any police officer is authorized
to summarily revoke the license of the premises where the offense
is committed.
[Code 1992, § 12.10(3)(e)]
No licensee under this article shall offer, advertise, make
or give any reward, prize, money or thing of value to any person by
reason of the operation of any mechanical or electronic amusement
device.
[Code 1992, § 12.10(3)(f)]
An applicant for a license under this article thereby consents
to the entry of police or authorized representatives of the City upon
the licensed premises at all reasonable hours for the purposes of
inspection and search, and consents to removal from the premises and
introduction into evidence in prosecutions for violations of this
article all things found therein in violation of this article or state
law.
[Code 1992, § 12.10(2)(a)]
Any person maintaining, operating or permitting the operation
of a mechanical or electronic amusement device shall obtain a license
to operate such device from the Clerk, unless the premises on which
the device is maintained or operated is licensed as a minor or major
arcade. The applicant shall submit an application for each place where
a mechanical or electronic amusement device is to be operated, stating
the name of the owner of the device, the place where the device is
to be operated and such other information as the Clerk may reasonably
require. If the Clerk is satisfied that the applicant meets all the
requirements of this article, he shall issue the license. Such license
shall be conspicuously displayed on the premises at all times while
the device is operable.
[Code 1992, § 12.10(2)(b)]
(a)
Required. Any person owning or operating a premises on which between four and nine mechanical or electronic amusement devices are kept at any one time shall, in lieu of obtaining a license under Section 18-206, obtain a minor arcade license for the premises which shall permit the holder thereof to operate or maintain the specified number of devices on the licensed premises.
(b)
Application; contents. The application shall contain the following
information:
(1)
Name and address of the applicant.
(2)
Name and address of person responsible for management of the
arcade, including a list of such person's qualifications, experience
and references, and the date, place and circumstances of conviction
of violation of any local ordinance or state or federal law directly
related to the activity proposed to be licensed.
(3)
Complete description of the premises to be licensed.
(4)
Statement of the number of devices to be kept on the premises,
describing each by make and type.
(5)
Name of the owner of the machines.
(6)
Type of supervision to be provided.
(7)
A zoning permit or current zoning application.
(8)
Detailed operating plan, including hours of operation and manner
of supervision to be provided.
(9)
Such other information as the Clerk may reasonably require.
(c)
Issuance; display. If the Clerk is satisfied that the premises and
management thereof meet the requirements of this article, he shall
issue a minor arcade license to the applicant. The applicant shall
display such license conspicuously on the premises at all times during
which the arcade is in operation.
[Code 1992, § 12.10(2)(c)]
(a)
Required; expiration date. Any person owning or operating a premises on which 10 or more mechanical or electronic amusement devices are kept at any time shall obtain for such premises a major arcade license in lieu of obtaining a license under Section 18-206. Such license shall expire on June 30 of each year.
(b)
Application; contents. Application for a major arcade license shall be in writing on forms provided by the Clerk and shall contain the information required under Section 18-207(b).
(c)
Incorporation of operating plan and zoning permit restrictions; approval;
display. The operating plan and any restrictions placed on the premises
under the zoning permit, if required, shall be incorporated by reference
in any arcade license or renewal of such license. No major arcade
license shall be valid until approved by the City Council. The license
shall be conspicuously displayed on the premises at all times during
which the arcade is in operation.
[Code 1992, § 12.10(4)]
(a)
Mechanical or electronic amusement device license. Mechanical or
electronic amusement device licenses may be transferred from premises
to premises during the license year without charge. The holder of
such license shall notify the Clerk within 10 days of the time such
transfer is made.
(b)
Minor arcade license. A minor arcade license may be transferred from one premises to another or from the holder to another person upon application to the Clerk and payment of a fee of $10. The Clerk may grant or deny such application for transfer, and if denied, the applicant has the right to review of such determination under Chapter 2.
(c)
Major arcade license. Major arcade licenses are not transferable.
[Code 1992, § 12.10(5)]
(a)
Notice of charges. Any license issued under this article may be revoked
for cause by the City Council. No license shall be revoked except
upon written verified complaint filed with the City Council by a member
of such body, a law enforcement officer or resident of the City. The
licensee shall be served with a written copy of the charges and shall
be given an opportunity to be heard. The licensee shall be given notice
of such hearing not more than 20 nor less than five days after notice,
except as otherwise agreed between the parties.
(b)
Hearing. At such hearing, the licensee shall be entitled to be represented
by counsel, shall have the right to present and cross examine witnesses
and, upon request, may have subpoenas issued by the presiding officer
to compel the attendance of witnesses.
