[9-21-1982; 2016 Code]
No person shall conduct, exhibit, operate or maintain within the city any circus, menagerie, concert, either vocal or instrumental, or exhibit any natural or artificial curiosity or conduct any game or athletic event or any other amusement open to the public for which an admission fee is charged, whether directly or indirectly, without a license issued under this chapter.
[1969 Code; 9-21-1982; 2016 Code]
Any person desiring to procure a license under this chapter shall file with the city clerk a written application upon a form furnished by the city. Such application shall contain the name, residence and age of the applicant, if the applicant is an individual. If the applicant is an association or legal entity such application shall contain the names of the principal officers, managers or agents and their residences and the name or names of one or more persons whom such association or legal entity shall designate as a manager or person in charge with the address or addresses of such manager or person in charge. Such application shall further state the following:
Length of time such applicant, if an individual, or the manager or person in charge if the applicant is an association or legal entity, has or have resided in the city, his, her or their places of previous employment, whether a citizen of the United States and a resident of the city, whether he, she or they or any of them have been convicted of violating any law regulating the conduct of any public amusement and, if so, when and in what court.
The premises where such amusement is to be located or conducted, giving street and number of all entrances, the location of the room or rooms or space to be occupied and the total amount of space to be used for said purposes.
Whether the applicant or applicants or managers or agents had, either alone or with someone else, previously engaged as owner or employee in conducting any public amusement, when and where and for how long.
The name and address of the person owning the premises for which a license is sought.
The specific nature of the amusement for which a license is sought.
The city clerk shall review such application and may command the assistance of the chief of police, chief of the fire department and building inspector who shall inspect or cause to be inspected each application to determine whether the place sought to be licensed complies with the laws applicable thereto and is a proper place for the purpose for which it is to be used. These officials shall furnish to the city clerk in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
[11-6-2002; 2016 Code]
Upon filing of the application and the information as provided in this chapter, the city clerk shall refer such application to the council. The council may, upon payment to the city of the required license fee, authorize the issuance to the applicant of a license to conduct and maintain a public amusement. Such license fees shall be paid to the city treasurer. No license shall be refused except for the protection of the public safety, health, morals or general welfare.
License criteria. No license shall be issued unless the principal officers, managers, agents and persons in charge named in the application are of good moral character, that the proposed location complies with and conforms to all codes, health and fire regulations applicable thereto, and that it is a safe and proper place for the purposes for which it shall be used. No license shall be granted any public amusement place unless adequate modern toilet facilities are provided, including wash basins with running water, soap and individual towels (and unless an adequate supply of drinking water is available, either at a sanitary drinking fountain, or with individual drinking cups). The applicant (or applicants or manager or person in charge) for a license shall establish by affidavit or otherwise that they are of good moral character and capable of maintaining good order at all public performances. A license shall be refused by the council to any applicant, or to any association or legal entity of which a member or members, shall have been convicted within two years of the date of application of a second offense against any of the provisions of this chapter, also to any person who has within five years of the date of application been convicted of a felony and to any association or legal entity of which any member has been so convicted of a felony. No license shall be issued for any public amusement place if three or more buildings used exclusively for residence purposes are located within 500 feet except such places as were used for that purpose as of and before March 3, 1931.
License procedure. All licenses shall be numbered in the order in which they are issued and shall state clearly the location, the exact nature of the amusement, and dates of issuance and expiration of the license, the fee paid and the name of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he or she can show that the reason for the objection no longer exists. No license shall be granted to a person under 18 years of age or renewed without a re-inspection of the premises.
Due process protection. Any person who is denied the issuance of an initial or renewal license under this chapter shall be notified of the right to request a hearing before the council, at which the person may show cause, if there be any, why the issuance of the license should not be denied.
[9-21-1982; 2016 Code]
Licenses shall expire on June 30 succeeding the issuing thereof and the license fee shall be set by resolution of the council.
[1969 Code; 2016 Code]
No transfer of license as to location or licensee shall be granted without approval by the council. If the transfer is approved, this action shall be endorsed upon the license by the city clerk.
[1969 Code; 2016 Code]
Every person licensed under this chapter shall post such license and keep the same posted while in force in a conspicuous place on the premises subject to such license. It shall be unlawful for any person to post such license or permit such license to be posted upon premises other than the premises subject to such license, or knowingly to destroy or deface any such license. Whenever a license shall be lost or destroyed without fault of the holder or his or her agent or employees, a duplicate license in lieu thereof under the original application may be issued by the city clerk.
[1969 Code; 2016 Code; 9-21-1982]
Conduct of licensed premises. No recipient of a license under this chapter shall permit any disorderly conduct, or permit the sale, giving away, delivering, drinking or use in or upon the licensed premises of any drugs or alcohol beverages, or prostitution, or gambling, or for any other unlawful purposes.
Noise. No loud or unusual noises shall be permitted upon the licensed premises, nor shall any music be played so as to constitute a nuisance.
Sanitary and lighting requirements. All public amusement places and facilities appertaining thereto shall be kept at all times in a clean, healthful and sanitary condition, and all stairways and other passages and all rooms connected with a public amusement place shall be kept open and well lighted during the public use.
[1969 Code; 2016 Code]
The council may, at any time after giving notice to the licensee of an opportunity to be heard, revoke any license granted under this chapter for disorderly or immoral conduct on the premises, or for the violation of any of the laws governing or applying to public amusements, or for the protection of the public health, safety, morals or general welfare. Whenever any license shall be revoked, no refund of any unearned portion of the fee paid shall be made. Notice of such hearing and the reason therefor shall be in writing shall be served by the chief of police upon the person named in the application and by filing a copy of such with the city clerk.
[12-17-1991; 2016 Code]
A person who violates any provision of this chapter, or who violates any provision of a license issued under this chapter, shall upon conviction be subject to a Class 3 forfeiture. A separate offense exists each calendar day during which a violation occurs or continues.