Article I General Provisions
Article II Licenses
[R.O. 2006 §625.010; CC 1988 §4-16; Ord. No. 615 §2, 2-23-1977]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- MECHANICAL AMUSEMENT CENTER
- Any establishment which provides five (5) or more mechanical, electronic or digital amusement devices for use or operation by the public.
- MECHANICAL AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, slug, token, plat, disc, or any other insertion device, may be operated by the public for use as a game, entertainment, or amusement, of any kind or description whatever.
[R.O. 2006 §625.020; CC 1988 §4-17; Ord. No. 615 §11, 2-23-1977; Ord. No. 1847 §2, 4-10-2002]
The provisions of this Chapter shall not be applicable to any person having set up in his/her private residence one (1) or more mechanical amusement devices when employed for his/her own private use or for the use of his/her family, nor to business establishments or other public places which may have up to five (5) mechanical amusement devices for use or operation by the public, but whose gross revenue from the operation of mechanical amusement devices does not exceed fifty percent (50%) of its gross revenue.
[R.O. 2006 §625.030; CC 1988 §4-18; Ord. No. 615 §9, 2-23-1977]
Mechanical amusement centers may not operate between the hours of 11:00 P.M. and 8:00 A.M. of the following day, except on Fridays and Saturdays, when they may not operate between the hours of 12:00 Midnight to 8:00 A.M. the next day, all times official time.
[R.O. 2006 §625.040; CC 1988 §4-19; Ord. No. 615 §9, 2-23-1977]
At least one (1) supervisor of at least eighteen (18) years of age, employed by the operator shall be on duty at all times and be present on the premises of any amusement center.
[R.O. 2006 §625.050; CC 1988 §4-20; Ord. No. 615 §7, 2-23-1977]
No person under the age of thirteen (13) years shall be permitted on the premises of a mechanical amusement center unless accompanied by his/her parent or legal guardian. No person between the ages of thirteen (13) and seventeen (17) years shall be permitted on the premises without having on his/her person an identification card issued by the operator, containing his/her name, age, home address and telephone number. No such identification card shall be issued by the operator unless he/she has received the written permission of the parent or legal guardian. The operator shall maintain a permanent record of the names of the parents or legal guardians who have granted such permission and the names of the persons for whom they have granted the permission. Such record shall be available for inspection at all times by the City Clerk and the Police Department.
[R.O. 2006 §625.070; CC 1988 §4-22; Ord. No. 615 §8, 2-23-1977]
Except as otherwise provided by law, no firearms shall be permitted on the premises of any mechanical amusement center.
[R.O. 2006 §625.080; CC 1988 §4-31; Ord. No. 615 §3, 2-23-1977]
It shall be unlawful for any person to operate or to permit to be operated on any premises in the City a mechanical amusement center without first securing a license duly issued by the City Clerk.
[R.O. 2006 §625.090; CC 1988 §4-32; Ord. No. 615 §3, 2-23-1977]
An application for the operation of a mechanical amusement center in the City shall be obtained from the City Clerk. Each application shall be verified and shall contain the name of the proposed operator (if a partnership, the names of all partners, and if a corporation, the names of all officers), the proposed location of the mechanical amusement center, and the number and types of machines to be provided. The application shall be accompanied by accurately scaled and fully dimensioned plans of the premises, showing the proposed location of the machines.
[R.O. 2006 §625.100; CC 1988 §4-33; Ord. No. 615 §3, 2-23-1977]
Each application for a mechanical amusement center shall be accompanied by a license fee of two hundred fifty dollars ($250.00), no part of which shall be returnable.
[R.O. 2006 §625.110; CC 1988 §4-34; Ord. No. 615 §3, 2-23-1977]
Each application for a mechanical amusement center shall be referred by the City Clerk to the Chief of Police who shall investigate the character and fitness of the proposed operator as well as any other persons listed as having an interest in the proposed license.
[R.O. 2006 §625.120; CC 1988 §4-35; Ord. No. 615 §4, 2-23-1977]
A license for a mechanical amusement center shall be issued by the City Clerk, unless the Clerk finds one (1) or more of the following:
Intentional misstatements or misleading statements of fact in the application;
The proposed operation would not comply with all applicable City ordinances;
Any parties interested in the proposed business have been convicted of any violation of Statute or ordinance involving moral turpitude, or have previously had a business license suspended or revoked; provided, that if the City Clerk shall find that the conduct of the parties subsequent to the aforesaid conviction, suspension or revocation has been such as to indicate fitness to operate a business and that permitting the applicant to conduct such an operation would not be contrary to the public interest, the Clerk may issue the license; or
Failure to pay the required application fee.
If the City Clerk does not issue a license, the, reasons for not doing so shall be in writing and shall accompany the notice of non-issuance. The City Clerk's determination of non-issuance may be appealed to the Board of Aldermen.
[R.O. 2006 §625.130; CC 1988 §4-36; Ord. No. 615 §3, 2-23-1977]
Each applicant for a mechanical amusement center license shall be notified by mail or by hand delivery of the issuance or non-issuance of a license by the City Clerk.
[R.O. 2006 §625.140; CC 1988 §4-37; Ord. No. 615 §3, 2-23-1977]
The term of a mechanical amusement center license shall be March first (1st) through the last day of February. Of the annual license charge to be paid for any license, the applicant shall pay as many twelfths as there are months (part of a month is counted as one (1) month) remaining from the date of the license to the next succeeding March first (1st).
[R.O. 2006 §625.150; CC 1988 §4-38; Ord. No. 615 §5, 2-23-1977]
Within thirty (30) days prior to the expiration of a mechanical amusement center license, the licensee may apply to the City Clerk for renewal thereof, on such applications as shall be provided by the City Clerk. Renewal applications shall contain the name, address and license number of the licensee's operation and the licensee shall indicate any changes from the information furnished to the City Clerk at the time of the original application. An application for renewal shall be accompanied by a renewal license fee of one hundred fifty dollars ($150.00), no part of which shall be returnable if the renewal is granted. The City Clerk shall renew the license upon finding that the operation has been conducted in accordance with all applicable laws and ordinances. If the City Clerk does not renew the license, the procedure set forth in Section 625.150 shall be followed.