[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:
(A)
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.
(B)
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.
(C)
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.
(D)
The name and address of the person owning the premises for which
a license is sought.
(E)
The specific nature of the amusement for which a license is sought.
(F)
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.
(A)
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.
(B)
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.
(C)
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]
(A)
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.
(B)
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.
(C)
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.
