[HISTORY: Adopted by the City of Norwalk Common Council: Art. I, 4-26-1983; Art. II, 7-27-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Common Council — See Charter and Related Laws, Art. IV.
Billboards and signs — See Ch. 21.
Public gatherings and special events — See Ch. 88.
[Adopted 4-26-1983[1]]
[1]
Editor's Note: Former Art. I, General Provisions, adopted 5-14-1957, effective 5-25-1957, as amended, was repealed 7-27-1993.
As used in this ordinance, the following terms shall have the meanings indicated:
OPERATOR
The proprietor, lessee, manager or employee of any pinball or video arcade or business.
PINBALL OR VIDEO ARCADE
Any place of business or establishment containing four or more pinball or video machines.
PINBALL OR VIDEO MACHINE
Any mechanical or electrical device which provides amusement or entertainment open to the general public, which may be operated or set in motion upon the insertion of a coin or token. This definition shall not include jukeboxes, telephone devices or machines that sell merchandise.
PREMISES
A building, or a part of a building where pinball or video machines are located, under the ownership or control of the operator.
No pinball or video arcade shall be established, maintained or conducted in the City of Norwalk by any person, firm or corporation without first obtaining a license to operate such place from the City Clerk of the City of Norwalk, and no operator, as defined herein, shall allow or permit the use of four or more pinball or video machines unless a pinball or video arcade license for such use shall have been obtained from the City Clerk of the City of Norwalk.
A. 
Every person, firm or corporation desiring to obtain a license for a pinball or video arcade as required by this ordinance shall file a written application to the City Clerk on forms approved by the City Clerk for the City of Norwalk, together with an application fee of $25. The application shall include the following information: the applicant's age, correct name, post office address and residence, and whether or not the applicant has ever been convicted of any crime within the past three years involving a controlled substance, minors, alcohol or any offense involving moral turpitude. The applicant shall specify in such application the type of business and the exact location of the premises for which a license is requested. In case the applicant for such license is a corporation authorized to do business in this state, the application shall be made by the agent of such corporation who will have principal charge of the premises established, and such application shall contain all of the statements and furnish all the facts and recommendations in respect to such agent as are required in the case of an individual. Such license to a corporation shall be revocable upon the occurrence of a change in the agent so managing such premises, and a new license may be required by the City Clerk of the City of Norwalk before any new agent shall take charge of such premises for such corporation. In case of a partnership, each active partner in such business shall join in the application for such license and shall furnish all of the information and recommendations required of an individual applicant. Such application shall also contain a diagram with dimensions of the premises on which the business will be conducted, showing the location of each pinball or video machine on the premises and each exit from the premises.
B. 
Every such application shall be accompanied by the fee as herein specified, payable to the City of Norwalk.
[Added 7-27-1993[1]]
No license shall be issued to any applicant who has been convicted of a felony. No video arcade will be allowed to operate without a person in charge of such video arcade who is at least 18 years of age. No alcohol may be consumed on the premises of a video arcade.
[1]
Editor's Note: This ordinance also provided that former §§ 14-7 through 14-9 and §§ 14-10 through 14-20 be renumbered as §§ 14-1 through 14-3 and §§ 14-5 through 14-15, respectively.
Before any pinball or video arcade license shall be issued, investigation of the applicant and inspection of the premises shall be made by the City Building Department, Fire Marshal, Police Department, Zoning Enforcement Officer and Health Department to determine whether the applicant and the premises fully comply with all pertinent ordinances and regulations.
No license shall be issued:
A. 
Where the individual operator, managing agent of a corporation or active partner has been convicted of a crime involving a controlled substance, alcohol, minors or a crime involving moral turpitude within the past 10 years.
B. 
For any premises, unless the Building Code, Fire Code and other pertinent provisions of all city ordinances, as far as can be determined, are being complied with.
C. 
For any premises that are located within 1,500 feet of any school building attended by students below 16 years of age. (Measurement shall be made from front door to front door.)
A. 
The City Clerk, upon receiving such application, if presented in due form, shall approve or deny the same, and, if satisfied that such application possesses the qualifications herein prescribed and said premises conform to the requirements hereof, shall grant such license to the applicant for a term expiring on the 31st day of December of each year. All such licenses shall be in such form as the City Clerk may prescribe and shall contain the name, address, place of business, the number of pinball or video machines on the premises and the date of expiration of said license and shall be authenticated by the signature of the City Clerk.
B. 
The license shall be issued to a specific person, firm or corporation for a specific location.
A. 
The fee to be paid upon granting of a license issued hereunder shall be $50, except that no fee shall be paid by businesses operating three machines or fewer.
B. 
The aforesaid license fees shall be waived for any pinball or video arcade operated by a nonprofit charitable organization, as defined by the statutes of the State of Connecticut.
C. 
Any established theater or other similar place of entertainment, including video arcades or other similar places of amusement with four or more video games or devices (not including any business licensed by the State of Connecticut to serve liquor for on-premises consumption) may, in lieu of the exhibition or performance fees given herein, be licensed for not less than $50 per year, but such annual license shall not be deemed or held to license or permit any unlawful or improper exhibition or performance therein.
[Added 7-27-1993]
A. 
Each operator or licensee shall, during normal hours of operation, display the license granted hereunder in a conspicuous place on the premises.
B. 
Each operator or licensee shall have present on the premises, or on such portion of the premises where the pinball or video arcade is located, an adult operator, during normal hours of operation that the premises are open to the public, who has not been convicted of any crime within the past three years involving a controlled substance, minors, alcohol or any offense involving moral turpitude and who has been so certified by the Norwalk Police Department.
No place of business or establishment in the City of Norwalk shall place, maintain or locate one to three pinball or video machines on its premises without first having obtained a pinball or video machine license from the City of Norwalk, and no operator, as defined herein, shall allow or permit the use of a pinball or video machine unless a license for such use shall have been obtained from the City Clerk of the City of Norwalk.
A. 
Every person, firm or corporation desiring to obtain a pinball or video machine license as required by this section of this ordinance shall file a written application to the City Clerk of the City of Norwalk on forms approved by said City Clerk, together with an application fee of $10, payable to the City of Norwalk. The application shall provide the following information: the applicant's name and post office address and the name and post office address of the business where the pinball or video machine is to be located. In case the applicant is a corporation, the application shall be made by the agent of the corporation who will have principal charge of the premises established. In case of a partnership, each active partner in such business shall join in the application for such pinball or video machine license.
B. 
Before any pinball or video machine license shall be issued, inspection of the premises shall be made by the City Building Department and Fire Marshal. Before any pinball or video machine license shall be issued, the City Building Department and Fire Marshal shall determine whether the applicant is placing the pinball or video machine in such location so as not to constitute a nuisance or danger and so as to permit safe ingress to and egress from said premises. This shall not prohibit the use of video or pinball machines for 30 days on a trial basis if the business or establishment notifies the City Clerk in advance and in writing of such use.
C. 
The City Clerk, upon receiving such application, if presented in due form, and upon being advised by the City Building Department that the premises conform to the requirements hereof, shall grant such pinball or video machine license to the applicant for a term expiring on the 31st day of December of each year. All such licenses shall be in such form as the City Clerk may prescribe and shall contain the name, address, place of business and the date of expiration of said license and shall be authenticated by the signature of said City Clerk. The license shall be issued to a specific person, firm or corporation for a specific location.
D. 
The provisions of this section of this ordinance, and each part thereof, are intended to apply only to places of business or establishments that have one to three pinball or video machines and do not apply to pinball or video arcades as that term is defined in this ordinance.
A. 
Any license issued in accordance with this ordinance may be renewed for an additional year upon the same terms and subject to the same requirements as provided herein for an original license. Whenever the holder of such license desires to affect a change of place of doing business, he shall notify the City Clerk and make application for a license for such new place in the same manner as in the first instance. No license issued pursuant to this ordinance shall be assignable or transferable, nor shall any person or entity, except the person or entity to which it was issued, be permitted to do business thereunder, either directly or indirectly.
B. 
Any fee required by §§ 14-3, 14-8 or this section shall be prorated by the City Clerk, depending upon the time the application is filed and the effective date of the license.
The City Clerk may at any time appeal to the Common Council under the provisions of § 14-15 below to have a license issued under the provisions of this ordinance revoked for cause. The Common Council, after following the procedures outlined in § 14-15 below, may revoke any license granted through such procedure for cause.
No provision in § 14-6C shall prohibit the continuance of any nonconforming use in existence at the time of this ordinance. No person shall increase the number of pinball or video machines in violation of § 14-6C, although said machines may be replaced on a one-for-one basis due to obsolescence or other factors.
Any decision or order of any official may be appealed in writing within 15 days of the mailing of said decision by any person aggrieved by said decision or ruling. The Common Council shall appoint a committee to hear said appeal and render a report within 30 days of the hearing. The Common Council, within 30 days of acceptance of said report, by a majority vote of its members then present and voting, may affirm, modify or reverse said decision.
[Adopted 7-27-1993]
It shall be unlawful for any person to post, paint or mark any playbill or advertisement of any public show, exhibition, performance or amusement or circular of any kind upon any building, property or fence within the city or upon any tree on any highway or public ground thereof or upon private property without the consent of the owner or occupant thereof, or to distribute or deposit, or cause to be distributed or deposited, upon the land or premises of another, without the permission of and to the annoyance in any degree of the owner or occupant thereof, any such bill, advertisement or circular.