[HISTORY: Adopted by the City of Norwalk Common Council:
Art. I, 4-26-1983; Art. II, 7-27-1993. Amendments noted where applicable.]
[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5-14-1957, effective 5-25-1957, as amended, was repealed 7-27-1993.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:
The proprietor, lessee, manager or employee of any pinball
or video arcade or business.
Any place of business or establishment containing four or
more pinball or video machines.
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.
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.
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.
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.
The violation of any provisions of this ordinance shall be punished
by a fine not exceeding $99.
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.
