[Ord. No. 840]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any place, business, premises or establishment wherein the
total number of amusement devices shall occupy in excess of 20% of
the usable floor space of the licensed premises. For the purposes
of this definition, "usable floor space" shall not include areas not
otherwise available to the general public. For the purposes of this
definition, the area occupied by amusement devices shall include the
walkways and areas of separation between amusement devices required
for the walking and safety of patrons.
Each machine, device or game, operated upon the insertion
of a coin, token or slug, for the use or intended use of the public,
which operates or may be operated as a game or contest of skill or
amusement of any kind, nature or description and which returns no
automatic payoff device for the return of money, tokens or slugs.
Any person requesting a license pursuant to this article.
Any person, proprietor, lessee, manager or employee who is
in charge of or has control over the operation of any amusement device
or arcade.
Any person who owns, has title to or has control over the
operation of any amusement device or arcade.
[Ord. No. 840; amended 1-17-2018 by Ord. No.
1705]
Nothing contained in this article shall be construed to permit
the issuance of a license for the operation of any slot machine or
to permit the use of any coin-operated machine or device for gambling
purposes, wherein money, trade tokens or slugs are returned as consideration
for the operation of a game of chance, or to permit any amusement
device which shall exhibit any film, picture or material which is
obscene pursuant to MCLA § 752.361 et seq.
[Ord. No. 840; amended by Ord. No. 994, 1-3-1990; 1-17-2018 by Ord. No. 1705; 7-21-2021 by Ord. No. 1798]
No person shall engage in the operating, running, keeping or
maintaining of an arcade without first obtaining license therefor.
No arcade shall be established, maintained or conducted in the City
without a public hearing by the City Council according to the terms
of this section.
(a)
A proposed licensee shall submit an application to the City Clerk pursuant to Chapter 17 of this Code and shall comply with the following requirements:
(1)
The proposed licensee, owner or operator, if the licensee is a corporation,
shall be 18 years of age or older.
(2)
The proposed licensee, owner or operator, if the licensee is a corporation,
shall not have been convicted of a felony or a misdemeanor involving
dishonesty or moral turpitude for a period of eight years prior to
the application for a license.
(3)
The proposed licensee shall pay to the City Treasurer the fee established
for the issuance of a gaming device license as established by resolution
of the City Council.
(b)
In addition to the requirements of Subsection (a) of this section, the application of the proposed licensee shall specify the following:
(1)
The proposed hours of operation anticipated for the arcade.
(2)
The number of amusement devices intended for use or intended use
of the public.
(3)
The trade name, manufacturer, general description of the amusement
and the serial number of each amusement device.
(4)
The number and identity of employees, operators and supervisory personnel
available to monitor the arcade operation.
(5)
A list of any anticipated restrictions to be implemented by the proposed
licensee for the operation of the arcade, which will be prominently
displayed upon the granting of the license.
(6)
A diagram with dimensions of the proposed licensed premises, showing
the location of each amusement device and the anticipated exits from
the premises.
(7)
The location of any racks or other devices for the parking and storing
of bicycles.
(c)
Upon receipt of the application for an arcade license, the City Clerk
shall mail notice to all property owners located within 300 feet of
the proposed licensed premises, indicating the name of the proposed
licensee, the location of the business premises and the date and time
of public hearing before Council. Notice shall be mailed no later
than 10 days prior to the public hearing.
(d)
Prior to the public hearing, the business premises shall be inspected
by the Department of Public Safety and Department of Community and
Neighborhood Services. A written report shall be submitted to the
City Council by each department, based upon the following criteria:
(1)
The Department of Public Safety shall make an investigation as to
the criminal record and character of the proposed licensee and, if
the applicant is a corporation, to the principal shareholders and
operators, including all supervisory personnel, of the proposed licensee.
The Department of Public Safety shall further investigate the type
and nature of the amusement devices proposed to be used in the arcade.
The Department of Public Safety shall further report on the availability
of private property, adjacent to and adjoining the premises, for the
storage of bicycles and shall review the anticipated congestion of
travel for pedestrians within the public right-of-way.
(2)
The Department of Public Safety, in connection with the Electrical
Inspector of the City, shall make an investigation to determine whether
the amusement devices and licensed premises comply with the provisions
of the codes of the City relating to electrical installation and operation
and whether the proposed operation will constitute a nuisance. The
Department of Public Safety shall further report on the levels of
occupancy of the premises for safe fire exiting to the appropriate
exits.
(e)
The City Council shall conduct the public hearing in accordance with
the rules and regulations of the Council. Upon conclusion of the public
hearing, the Council shall grant or deny the license for the operation
of an arcade.
(1)
The Council may deny a license if any of the following are found
to exist:
a.
If the proposed premises are not suitable and proper for such operation
to be conducted, as such relates to the public health, safety and
general welfare of the City.
b.
If a preponderance of evidence has been presented by adjacent and
adjoining properties, by appraisal or other expert opinion submitted
in writing within five days before the public hearing, indicating
that the proposed operation will: constitute or be likely to constitute
a nuisance in fact; constitute substantial damage to the value or
proprietary interest of businesses located adjacent to or adjoining
a proposed licensed premises; and/or cause substantial interference
in the movement of pedestrian traffic in the public right-of-way,
a copy of such written evidence shall be submitted to the proposed
licensee not less than three days prior to the public hearing for
response and rebuttal.
c.
If a violation is determined to exist regarding any City codes, ordinances
or statutes, and the Council determines that corrective action cannot
be made within a date of compliance established by Council.
(2)
In the event an arcade license is denied, the Council shall direct
the City Attorney to prepare findings of fact and conclusion of law
relating to the denial of the license, which shall be reviewed and
approved by the Council at its next regularly scheduled meeting.
(f)
A license which is approved by the Council shall be subject to the
following terms, conditions and limitations:
(1)
Compliance with the representations of the licensee as set forth
in the license application and at the public hearing before the Council.
(2)
Enforcement of the house rules and rules of conduct set forth in
the license application.
(3)
Compliance with the level of occupancy determined by the Council
pursuant to the report submitted by the Department of Public Safety.
In the event the arcade operator shall modify or amend any of the
information set forth in the license application, the licensee shall
notify the Chief of Police within 10 days of such amendment or modification,
in writing.
[Ord. No. 840; Ord. No. 1157, 10-18-1995; Ord. No. 1190, 4-2-1997]
For the purposes of this section, any licensee who operates,
runs, keeps or maintains an arcade shall comply with the additional
requirements of this section.
(a)
No licensee, or his or her employer, agent or servant, shall permit
or allow the consumption or possession of alcoholic beverages, unless
licensed by the Liquor Control Commission of the state, or the sale,
possession or use of controlled substances on the licensed premises.
(b)
No licensee, or his or her employee, agent, or servant, shall permit, allow or continue to permit or allow any person on any licensed premises who is violating any provision of Chapter 20 of this Code.
(c)
No licensee, or his or her employee, agent or servant, shall permit
or allow any one or more persons on the licensed premises to engage
in any game of cards, dice gambling or other game of chance, or permit
any person to play any game on which bets or wagers are laid, or permit
any person to lay any wager or bet on the outcome or result of any
game.
(d)
No agent, servant, employee, manager or operator of a licensee shall
have been convicted of a felony or misdemeanor involving moral turpitude
for a period of eight years prior to the application for a license.
(e)
A licensee shall post in a conspicuous place in the licensed premises
the hours of operation and rules of conduct for the business.
(f)
No person licensed under the provisions of this article, or his or
her employee, agent or servant, shall permit any minor under the age
of 12 years or under to be or remain in any arcade after the hour
of 9:30 p.m., unless such minor is accompanied by a parent or guardian,
or permit any minor the age of, or between the ages of 13 and 16 years
to be or remain in any arcade after the hour of 11:30 p.m., unless
such minor is accompanied by a parent or guardian.
(g)
A licensee, and his or her employee, agent or servant, shall require
that bicycles and nonmotorized vehicles of patrons and customers be
stored and parked in an orderly manner to permit the safe and unobstructed
flow of pedestrian traffic, and if bicycle racks are installed in
the immediate or adjacent right-of-way of the licensed business, an
arcade operator shall require all patrons and customers to park bicycles
and nonmotorized vehicles in the bicycle racks.
[Ord. No. 840]
The Police and Fire Departments of the City and the officers
thereof, as a condition of the issuance of the licenses contemplated
by this article, shall have access at all times to all arcade premises
operated within the City, and it shall be the duty of those Departments
to periodically investigate and inspect all premises in which arcades
are operated, in order to assure that the devices are being operated
in accordance with the provisions of this article.
[Ord. No. 840]
Any amusement device, as defined in Section 3-26, shall at all times be kept in plain view of any person authorized pursuant to this article to cause or make inspections of the business premises.
[Ord. No. 840]
A license issued pursuant to this article may be suspended or revoked, or its renewal may be denied, for the causes and in the manner set forth in Chapter 17 of this Code. The Chief of Police is the designated enforcement officer for the purposes of this article or any license suspension, revocation or refusal procedure under Chapter 17.
[Ord. No. 840]
Businesses which have been lawfully operating and existing prior to April 25, 1984, or businesses which have been issued an arcade license shall be required to annually comply with the provisions of this article, except for the provisions of this article requiring a preoccupancy license hearing as set forth in Section 3-28 et seq. Notwithstanding the foregoing, an arcade licensee shall submit the information and application required pursuant to Section 3-28.
The application for a license or its renewal shall be submitted for departmental review pursuant to the criteria set forth in Subsection (d) of Section 3-28. If the application complies with the criteria of Section 3-28, the license shall be referred to Council for approval without the preoccupancy hearing.
[Ord. No. 840; Ord. No. 1069, 10-7-1992]
Businesses which have been operating and existing lawfully prior
to April 25, 1984, shall apply for the license mandated by this article
and shall pay the license fees as set forth and prorated pursuant
to resolution adopted by City Council within 30 days of April 25,
1984.
[Ord. No. 840]
Should any section, clause or phrase of this article be declared
by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of this article as a whole, or any part thereof
other than the part so declared to be invalid.
