[R.O. 2012 §610.010; CC 1973 §6-1]
No person shall conduct, operate, manage, or sponsor any ferris
wheel, merry-go-round or other amusement ride operated for hire or
for the purpose of promoting or advertising any trade or business,
without first filing with the City Clerk a certificate of liability
insurance in the amount of at least two hundred fifty-thousand dollars
($250,000.00), indemnifying the public against damages sustained by
reason of the operation of such ride. Such bond or certification of
insurance shall be subject to the approval of the City Attorney. This
Section shall apply to all persons, whether or not a license is required
by any other provision of this Code or City ordinance.
[R.O. 2012 §610.020; Ord. No. 6694, 7-17-1978]
As used in this Chapter, and unless otherwise defined or distinctly
expressed, the following words and phrases shall have the meanings
set out herein:
ADMISSION CHARGE
Any charge or consideration for the right or privilege to
any amusement or entertainment, or admission to or entry to any area
or facility, where such amusement or entertainment is conducted.
CIVIC ORGANIZATION
Any not-for-profit organization, organized for civil, charitable,
benevolent or religious purposes, the majority of members of which
are residents of this City, and the purpose of which are primarily
for the benefit of the City and its citizens. Political organizations
are expressly excluded from being within the definition of such term.
[R.O. 2012 §610.030; Ord. No. 6694, 7-17-1978]
A permit must be obtained from the City Manager in order to
conduct any amusement or entertainment within the limits of this City.
Only a civic organization shall be issued a permit to operate any
amusement or entertainment for which an admission charge is made,
and no civic organization shall conduct any amusement or entertainment
within the limits of the City without complying with the requirements
of this Chapter, and without having first obtained a permit as herein
provided.
[R.O. 2012 §610.040; CC 1973 §6-4]
No amusement or entertainment for which a permit has been issued under this Chapter will be required to obtain a license under Chapter
605 of this Code.
[R.O. 2012 §610.050; Ord. No. 6694, 7-17-1978]
A. Every
civic organization proposing to sponsor or conduct any amusement or
entertainment within the City shall apply, through a duly elected
officer of the said civic organization, in writing to the City Manager
for a permit to operate such amusement or entertainment.
1. All applicants shall state on their application that they will indemnify
the City for any claim resulting from the operation of the amusement
or entertainment, and each application shall be accompanied by a certificate
of insurance, showing the City as the named insured, covering any
damage or liability to the City which may be caused by the operation
of the amusement or entertainment, the amount of said insurance to
be as required by such rules and regulations the promulgation of which
is hereinafter provided, but in no event to be less than bodily injury
limits of three hundred thousand dollars ($300,000.00) for each occurrence
and one hundred thousand dollars ($100,000.00) for each person, and
property damage limits of fifty thousand dollars ($50,000.00) for
each occurrence and one hundred thousand dollars ($100,000.00) aggregate.
2. All applicants shall accompany their application with a bond in the
amount of five hundred thousand dollars ($500,000.00), which bond
shall secure the applicant's removing all litter from the site of
the amusement or entertainment at its termination. Should it be necessary
for the City to remove litter from the amusement site, the cost of
such removal shall be deducted from the bond, and the remainder returned
to the applicant.
3. The City Manager may refuse to issue a permit to any amusement or
entertainment, the operation of which does not comply with this Chapter,
or which has in any previous operation in any other City, or in this
City, violated the ordinance or requirements of such other City or
this City.
4. Upon determination that the proposed amusement or entertainment shall
comply with this Chapter, the City Manager shall issue a permit and
shall notify the applicant.
[R.O. 2012 §610.060; Ord. No. 6694, 7-17-1978; Ord. No.
02-1-10, 1-22-2002]
A. Adequate
restroom facilities for both sexes shall be provided on the premises
of such amusement or entertainment. Such facilities may be of a temporary
nature, other than privies.
B. All
electrical wiring and lighting must be approved by the City Inspector.
C. Adequate
facilities for the disposal of trash and debris shall be provided
on the premises.
D. The
premises shall be inspected prior to operation by the Chief of Police
or his/her designate to determine that the requirements of this Chapter
and any other ordinances of the City applicable to public rooms and
buildings have been complied with.
E. The
area or premises where such amusement or entertainment is conducted
shall be cleaned and policed after the cessation of such amusement
or entertainment and all trash, litter and debris shall be removed.
F. No
person shall operate an amusement ride unless the owner has the amusement
ride inspected at least once annually by a qualified inspector and
obtains from such qualified inspector written documentation that the
inspection has been made and that the amusement ride meets nationally
recognized inspection standards.
[R.O. 2012 §610.070; Ord. No. 6694, 7-17-1978]
The City Manager is hereby given authority to establish and
promulgate rules and regulations consistent with the terms of this
Chapter, for the purpose of carrying out and enforcing compliance
therewith, and a copy of such rules and regulations shall be on file
and available for public examination in the office of the City Manager.
Failure or refusal to comply with any such rules and regulations established
and promulgated under this Section shall be deemed a violation of
this Chapter.
[R.O. 2012 §610.080; Ord. No. 6694, 7-17-1978]
Any permit issued pursuant to this Chapter may be revoked by
the City Manager upon his/her determination that the amusement or
entertainment is being operated or conducted in violation of this
Chapter, or in violation of rules and regulations established and
promulgated pursuant thereto, or is so conducted or operated as to
endanger substantially the public peace, health, safety and welfare
of the citizens of this City.
[R.O. 2012 §610.100; Ord. No. 6694, 7-17-1978]
Any amusement or entertainment which is not operated, conducted, or sponsored by a civic organization may be operated within this City, if a license for the same has been obtained under Chapter
605 of this Code.
[R.O. 2012 §610.110; Ord. No. 89-11-3 §1, 11-20-1989]
Any person shall be deemed to be the keeper of a pool hall or
billiard room, within the meaning of this Article who has a room in
which he/she has pool tables or billiard tables on which he/she permits
persons to play for hire either in money, goods, or property of any
kind.
[R.O. 2012 §610.120; Ord. No. 89-11-3 §2, 11-20-1989]
Any place of business having one (1) or more pool tables or
billiard tables which are kept for hire to the public or upon which
the public is invited to play is hereby designated a pool hall.
[R.O. 2012 §610.130; Ord. No. 89-11-3 §§3 — 5, 11-20-1989]
A. Any
pool hall must be located upon the ground level floor of a building
only, said "ground level" being defined as that level
which faces the principal business street.
B. Any
pool hall must have no other rooms connected or accessible thereto
except two (2) restrooms not over eight by ten (8x10) feet and one
(1) office of the same size and all of the rest of said premises must
be open and visible to any person in said pool hall.
C. There
shall not be any curtain, partition or covering of any description
whatever on the inside of any place where any of the tables or other
amusements are kept, nor any blind, curtain, frost, paint, tinting,
or other device on or against any door or window inside or out or
out of any place where any such tables or other amusement devices
are kept, at any time, by day or by night, so as to, at any time,
by day or by night, obstruct or prevent a plain view of the inside
of such place from the outside thereof.
[R.O. 2012 §610.140; Ord. No. 89-11-3 §6, 11-20-1989]
No pool hall shall open for business prior to 8:00 A.M. and
shall be closed no later than Midnight of every business day and no
pool hall shall open before 12:30 P.M. on Sundays and close by Midnight.
For the purpose of this Section, any person other than the licensee
or his/her regular employees upon the premises during the hours when
same cannot be open for business shall constitute a violation of this
Section.
[R.O. 2012 §610.150; Ord. No. 89-11-3 §7, 11-20-1989]
No person operating a pool hall shall suffer or permit any person
under the age of sixteen (16) years to play pool or billiards in his/her
premise without written permission of the parent or guardian of such
minor.
[R.O. 2012 §610.160; Ord. No. 89-11-3 §8, 11-20-1989]
No pool hall keeper shall allow any intoxicated person therein.
[R.O. 2012 §610.170; Ord. No. 89-11-3 §9, 11-20-1989]
It shall be unlawful for any person to own, operate, lease,
occupy or control any building or place and knowingly permit pool
tables or billiard tables to be operated unlawfully therein.
[R.O. 2012 §610.160; Ord. No. 89-11-3 §§10 — 11, 11-20-1989]
A. Upon
the conviction of any person licensed pursuant to this Article for
a violation of any provision of this Article, said conviction shall
automatically operate to revoke the license hereunder issued to such
person. Any person found guilty of a violation of any Section of this
Article shall be deemed guilty of an ordinance violation and subject
to fine and/or imprisonment in accordance with the general penalty.
B. No
person convicted of violating any of the provisions of this Article
shall be issued a license to operate a pool hall within the City or
renewal thereof thereafter.