[Ord. No. 702 §1, 12-18-2003]
A "mechanical amusement center (video arcade)" is defined as any establishment which provides five (5) or more
mechanical amusement devices for use or operation by the public as
a recreational services; and the term "mechanical amusement
device" is defined as 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, video or other entertainment
or amusement of any kind or description whatever.
[Ord. No. 702 §2, 12-18-2003; Ord.
No. 2013, 3-4-2020
It shall be unlawful for any person to operate or to permit
to be operated on any premises in the City of Dardenne Prairie an
amusement center without first securing a license duly issued by the
Board of Aldermen as set forth herein. An application for the operation
of an amusement center or video arcade in the City of Dardenne Prairie
shall be obtained from the City Clerk. Each application shall be filled
out in full with all information being accurate and truthful. Such
application shall be accompanied by accurately scaled and fully dimensioned
plans of the premises showing the location of the machines. An application
fee of two hundred twenty-five dollars ($225.00), no part of that
shall be returnable due to the administrative cost involved, shall
accompany each application. A regular business license is also required
in addition to the amusement center license. The City Clerk shall
refer each application to the Police Department and the Police Department
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. The term of the license shall be for one (1) year from the
time of issuance and may be renewed. Each applicant will be notified
by mail or by hand delivery of the issuance or non-issuance of a license
by the City Clerk.
[Ord. No. 702 §3, 12-18-2003]
A.
A license
shall not be issued if any of the following conditions occur:
1.
Material misstatements or misleading statements of fact in the application;
2.
The proposed operation would be within two hundred (200) feet from
property line to property line of a residence, or any business (from
unit to unit) selling liquor by the drink, or not otherwise in compliance
with all applicable City ordinances;
3.
Any parties interested in the proposed business have been convicted
of any violation of State Statute or City ordinance involving moral
turpitude or have previously had a business license suspended or revoked.
No license shall be issued except to a person of good character approved
by the Board of Aldermen;
4.
Failure to pay the required application fee.
B.
If
the City of Dardenne Prairie does not issue a license, the reason
therefor shall be set forth in writing and accompany the notice of
non-issuance.
[Ord. No. 702 §4, 12-18-2003]
Within thirty (30) days prior to the expiration of the license,
a licensee may apply to the City for renewal of the license. The City
Clerk shall provide the form of renewal application to the licensee.
The renewal fee shall be one hundred fifty dollars ($150.00), no part
of which shall be returnable. If the City does not renew the license,
the procedure set forth in this Chapter shall be followed.
[Ord. No. 702 §5, 12-18-2003; Ord.
No. 2013, 3-4-2020
A.
The
Board of Aldermen may suspend for a period up to (90) days, or revoke
a license heretofore issued, if they find one (1) or more of the following:
1.
Material misstatements or misleading statements of fact in the application,
not discovered until after the issuance of such license;
2.
Failure to comply with conditions imposed on license or applicable
zoning restrictions;
3.
Failure to cooperate with the instructions of the Police Department
or the Board of Aldermen;
4.
Permitting such conduct as would constitute a violation of any Section
of this Chapter, any Statutes or ordinances pertaining to consumption
or possession of alcoholic beverages by a minor, or any Statutes or
ordinances pertaining to possession of controlled substances;
5.
Failing to prohibit disorderly activity, peace disturbance or gambling.
|
In the event the City revokes the license, the licensee shall
be entitled to a hearing before the Board of Aldermen upon notice
duly given ten (10) days prior to the date of such hearing. The decision
of the Board of Aldermen and the reasons therefor shall be sent by
certified mail or hand delivered to the licensee.
|
[Ord. No. 702 §6, 12-18-2003]
No person under the age of fourteen (14) years shall be permitted
on the premises of an amusement center or video arcade unless accompanied
by his/her parent or legal guardian.
[Ord. No. 702 §7, 12-18-2003; Ord.
No. 2013, 3-4-2020]
No alcoholic beverages or non-intoxicating beer, no tobacco
products of any kind, no firearms or paint ball guns of any kind,
no gambling or wagering of any kind shall be permitted on the premises
of any amusement center. The licensee shall assist the Police Department
in law enforcement on the premises. The term "premises", as used in this Chapter, shall include the parking areas adjacent
to and within one hundred (100) yards of the amusement center.
[Ord. No. 702 §8, 12-18-2003]
At least one (1) supervisor of at least twenty-one (21) years
of age employed by the licensee shall be on duty at all times and
be present on the premises for every twenty-five (25) persons present
in the amusement center. No amusement center may operate between the
hours of 10:00 P.M. and 10:00 A.M. of the following day.
[Ord. No. 702 §9, 12-18-2003; Ord.
No. 2013, 3-4-2020]
The amusement devices shall at all times be kept and placed
in plain view, and the Police Department shall be permitted to inspect
the premises at any reasonable time. Only one (1) person at a time
will be permitted to be in each bathroom facility on the amusement
center's premises at any time.
[Ord. No. 702 §11, 12-18-2003]
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 five (5) mechanical amusement
devices for use or operation by the public, but whose gross revenue
from the operation of such mechanical amusement devices does not exceed
twenty-five percent (25%) of its total gross revenue.
