[Ord. No. 1164-16 § 610.010, 6-14-2016[1]]
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:
Any establishment which provides amusement devices for use
or operation by the public.
Any machine, table, or game which is made available for operation
or use to the public for entertainment or amusement of any kind or
description whatever in exchange for monetary consideration.
[1]
Editor's Note: This ordinance repealed and replaced R.O. 2016
Ch. 610, License to Operate Amusement Centers or Amusement Parks.
[Ord. No. 1164-16 § 610.020, 6-14-2016]
The provisions of this Chapter shall
not be applicable to any person having set up in his/her private residence
one (1) or more amusement devices when employed for his/her own private
use or for the use of his/her family and friends, nor to business
establishments or other public places which have no more than five
(5) amusement devices for use or operation by the public, and whose
gross revenue from the operation of amusement devices does not exceed
thirty percent (30%) of its gross revenue.
[Ord. No. 1164-16 § 610.030, 6-14-2016]
Amusement shall coincide with hours
as they pertain to curfew.
[Ord. No. 1164-16 § 610.040, 6-14-2016]
One (1) supervisor of at least eighteen
(18) years of age for up to thirty (30) patrons with an additional
supervisor for each thirty (30) or less patrons thereafter, employed
by the operator, shall be on duty at all times and be present on the
premises of any amusement center.
[Ord. No. 1164-16 § 610.050, 6-14-2016]
No person under the age of eighteen
(18) years shall be permitted on the premises of an amusement center
unless accompanied by his/her parent or legal guardian, except that
a person between the ages of thirteen (13) and seventeen (17) shall
be admitted with written consent of a parent or guardian and witnessed
and/or verified by an employee. 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 a Code Enforcement Officer, the Director of Community Development
and the Police Department.
[Ord. No. 1164-16 § 610.060, 6-14-2016]
Except as otherwise provided by law,
no firearms shall be permitted on the premises of any amusement center.
[Ord. No. 1164-16 § 610.070, 6-14-2016]
It shall be unlawful for any person
to operate or to permit to be operated on any premises in the City
an amusement center without first securing a license duly issued by
the City Clerk.
[Ord. No. 1164-16 § 610.080, 6-14-2016]
All licenses provided for in this
Chapter shall be displayed in a conspicuous location in the holder's
place of business and are not transferable or assignable or subject
to refund if surrendered or revoked before the date of their expiration.
[Ord. No. 1164-16 § 610.090, 6-14-2016]
An application for the operation
of an amusement center in the City shall be filed. Each application
shall contain the name of the proposed operator (if a partnership,
the names of all partners, if an LLC managed by members, the names
of all members, if an LLC managed by managers, then list of all managers,
and if a corporation, the names of all officers), the proposed location
of the 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. The building that will be utilized shall
comply with City Code and Zoning requirements.
[Ord. No. 1164-16 § 610.100, 6-14-2016]
A.
Application Fee. Each application for an
amusement center shall be accompanied by a license fee of two hundred
fifty dollars ($250.00), no part of which shall be returnable even
if disapproved. This fee is for permit application review, plan review,
and permit processing.
B.
Renewal. Thirty (30) days prior to the
expiration of an amusement center license, the licensee may apply
to the City Clerk for renewal thereof. 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 whether
or not 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.
[Ord. No. 1164-16 § 610.110, 6-14-2016]
Each application for an amusement
center shall be referred by the City Clerk to the Chief of Police
who shall investigate whether any parties listed in the application
of the proposed business have been convicted of any violation of Statute
or ordinance involving moral turpitude.
[Ord. No. 1164-16 § 610.120, 6-14-2016]
A.
A license for an amusement center shall
be issued by the City Clerk, unless the Clerk finds one (1) or more
of the following:
1.
Intentional misstatements or misleading
statements of fact in the application;
2.
If the initial application or during
the process of renewal, the proposed operation would not comply with
all applicable City ordinances;
3.
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 City Clerk may issue
the license; or
4.
Failure to pay the required application
fee.
B.
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 to not
renew a license may be appealed to the City Council.
[Ord. No. 1164-16 § 610.130, 6-14-2016]
Each applicant for an 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.
[Ord. No. 1164-16 § 610.140, 6-14-2016]
The term of an amusement center license
shall be July 1 through June 30. This license is subject to annual
renewal.
[Ord. No. 1164-16 § 610.150, 6-14-2016]
The City Council shall have the right
to revoke any license after notice to the applicant, upon a finding
that the premises licensed no longer meets the original requirements
of this Chapter or that gambling has been carried on in such licensed
premises, or that any machine in such premises has been used as a
gambling device, or any games of chance have been played thereon for
money or profit, or that the applicant for such a license has misrepresented
or falsified any information in any application for such license,
or that the premises has been utilized for any illegal activity, or
that the applicant has violated any of the terms of this Chapter.
[Ord. No. 1164-16 § 610.160, 6-14-2016]
Any person aggrieved by the action
of the City Clerk in the denial of a license under this Chapter shall
have the right of appeal to the City Council of the City of Park Hills.
Such appeal shall be taken by filing with the City Clerk, within fourteen
(14) days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The City Council shall set a time
and place for a full hearing on such appeal and notice of such hearing
shall be given to the appellant.
[Ord. No. 1164-16 § 610.170, 6-14-2016]
Any person who shall violate this
Chapter shall be guilty of a violation, and upon conviction thereof,
shall be punished by a fine of not more than five hundred dollars
($500.00).
