[Ord. No. 90-45 §8-120, 5-2-1990; Ord. No. 90-93 §§1-2, 9-19-1990]
For the purpose of this Chapter, the following words and terms
shall have the definitions ascribed to them by this Section:
Any electrical or mechanical device in a business, which
projects or displays any film videotape or reproduction into a viewing
area which is designed for occupancy by no more than five (5) persons.
Any business wherein is operated a film or videotape viewing
device.
The area where a patron customer would ordinarily be positioned
while watching a film or video viewing device.
[Ord. No. 90-45 §8-120, 5-2-1990; Ord. No. 90-93 §§1-2, 9-19-1990]
A.
It shall
be unlawful for any person to operate or cause to be operated, a movie
arcade in the City unless such person has an unrevoked permit issued
pursuant to this Chapter.
B.
Any person desiring to obtain a permit for the operation of a movie arcade in the City shall make written application therefore to the City Council, which shall approve or disapprove such application. The City Council may disapprove an application if the applicant does not fully, completely and accurately provide all information required by this Section to be provided by the applicant or if the applicant is in violation of Section 680.030 of this Chapter at the time of the decision by the City Council on the application. The City Council may disapprove an application only after holding a hearing, upon not less than five (5) days written notice to the applicant, such notice to be sent by registered or certified mail to the address given by the applicant in the application. The City Council shall approve such application if the applicant fully, accurately and completely provides all information required by this Section to be provided by the applicant and the applicant is not in violation of Section 680.030 of this Chapter. An application not disapproved, within sixty (60) days of its reception by the City Clerk or the City Council, whichever is earlier, shall be deemed approved and the permit granted. Such application shall contain the following information about the applicant, any person financially interested in the business to be licensed, any authorized local agents and any managing employee of the business to be licensed:
1.
Full
legal name and any name by which the person is or has been known.
2.
Date
and place of birth.
3.
Driver's
license if available.
4.
Fingerprints.
5.
A current
photograph.
6.
Any
prior felony or misdemeanor conviction except minor traffic violations.
7.
Home
and business address and telephone number.
8.
Any
revocation or suspension of a license issued pursuant to this Chapter.
9.
The
names of any local authorized agents who will be managing or operating
the amusement at the indicated location and proof of their authority
to act on behalf of the corporation.
10.
When
an agent or other authorized representative is making application
on behalf of any prospective licensee, the name, address and telephone
number of a local agent authorized to conduct daily business shall
be required in addition to authority to act on behalf of the prospective
licensee.
11.
An
applicant from out of State shall be required to provide the name
of a statutory agent.
12.
Except
for corporations listed on the major stock exchanges, the names and
addresses of all persons financially interested in the business.
13.
Such
information requested by the Chief of Police to determine the truth
of the information required to be set forth in the application as
set forth above.
14.
Any
change in the information required to be provided above concerning
the local authorized agent or the applicant shall be reported to the
Chief of Police within ten (10) days of the change. All other information
must be updated at the time of the renewal of the license.
15.
All
persons regulated pursuant to this Chapter must comply with this Section
within thirty (30) days of the effective date of this Section (February
4, 1987).
[Ord. No. 90-45 §8-120, 5-2-1990; Ord. No. 90-93 §§1-2, 9-19-1990]
A.
It shall
be unlawful for any person to procure, by fraud or false representation
of fact, a permit for the operation of a movie arcade in the City.
B.
All viewing
areas in movie arcades must be visible from a continuous main aisle
and must not be obscured by any curtain, door, wall or other enclosure.
C.
A permit
for the operation of a movie arcade shall not be transferable without
the approval of the City Council.
[Ord. No. 90-45 §8-120, 5-2-1990; Ord. No. 90-93 §§1-2, 9-19-1990]
Upon the violation of any of the provisions of this Chapter,
the City Council may, in addition to any other remedies allowed by
law, revoke any permit granted under this Section, after hearing by
it upon not less than five (5) days' written notice sent by certified
or registered mail to the address given by the permittee in his application.
