[HISTORY: Adopted by the City Council of the City of Amery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2004 as
Title 7, Ch. 9, of the 2004 Code]
The following definitions shall be applicable in this article:
Any premises operated by any organization, whether incorporated
or not, which is the owner, lessee, or occupant of a building whose
primary purpose or object of its existence or operation is that of
providing use of amusement devices to the public at retail, and/or
any premises operated by any organization, whether incorporated or
not, which is the owner, lessee or occupant of a building, the majority
of whose gross receipts are derived from the providing of use of amusement
devices to the public at retail.
Any table, platform, mechanical device, or apparatus operated
or intended to be operated for amusement, pleasure, test of skill,
competition, or sport, the use or operation of which is conditioned
upon payment or consideration either by insertion of a coin or token
in a slot or otherwise. Such amusement device shall include, but not
be limited to, devices commonly known as baseball, football, basketball,
hockey, pinball, shuffleboard, ray guns, bowling games, bumper games,
skiball, and electronic video games, and shall also include billiard
tables and pool tables (whether coin-operated or not). Such definition
does not include a bowling alley, jukebox or other coin-operated music
machine or a mechanical children's amusement riding device.
A.
License required. No person, firm, or corporation shall operate or
keep an amusement arcade, as defined herein, without having obtained
and posted on the premises, in plain view, a license to operate such
arcade. Application shall be made to the City Administrator/Clerk-Treasurer
on the form provided by such office, accompanied by an application
fee as prescribed in the Schedule of Fees, which shall cover the cost
of processing the application and shall be nonrefundable. The application
shall set forth the following information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The name and address of the applicant, or, if a partnership, the
name and addresses of all the partners, or, if a corporation, the
names and addresses of the principal officers and registered agent
thereof, and the name and address of the person who will supervise
the amusement arcade.
(2)
The names and addresses of the owners of the amusement devices to
be located on the licensed premises, if such owners are different
from that of the applicant. If the owner of the amusement devices
is a partnership, the names and addresses of all the partners, or
if a corporation, the names and addresses of the principal officers
and registered agent thereof.
(3)
A building plan of the premises to be licensed specifically describing
and otherwise showing all dimensions, indicating the intended division
of floor space, exits and entrances, the areas to be used for amusement
devices, and the common aisles.
(4)
A site plan of the premises to be licensed which shall include the
proposed landscaping for the subject premises, and all the improvements,
parking and driveway areas, and landscaping located on property adjacent
to and within 20 feet of the property lines of the premises to be
licensed.
(5)
If the applicant operates other amusement arcades in other areas,
the names and addresses of such other licensed establishments.
(6)
Such application shall also contain such additional information as
the City deems necessary to assist it in determining the qualifications
of the applicant for such license.
B.
Public hearing. The application shall be forwarded to the City Council
which shall hold a public hearing prior to the granting or denial
of any amusement arcade license. In reviewing each application, the
City Council shall find:
(1)
That the establishment, maintenance, or operation of an amusement
arcade at the location requested will not be detrimental to or endanger
the public health, safety, morals, comfort, or general welfare.
(2)
That the proposed amusement arcade will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purpose already permitted, nor substantially diminish and impair property
values within the neighborhood.
(3)
That the establishment of the amusement arcade will not impede the
normal orderly development and improvement of the surrounding property
for uses permitted in the district.
(4)
That adequate measures have been or will be taken to maintain good
order surrounding the location thereof.
C.
Issuance of license; term. The City Administrator/Clerk-Treasurer
shall issue a license upon approval of the application by the City
Council, upon the payment by the applicant of an annual license fee
as prescribed in the Schedule of Fees. All licenses issued herein
shall be for one year ending on the 30th day of June and shall not
be transferable.
A.
No premises for which an amusement arcade license has been issued
shall be permitted to remain open for the offering of electronic amusement
devices to the public at retail between the hours of 10:00 p.m. and
10:00 a.m., except on Friday and Saturday, when the closing hours
shall be between 12:00 midnight and 10:00 a.m.
B.
No premises for which an amusement arcade license has been issued
and which is less than 1,000 feet from the main entrance of any established
public or parochial school shall be permitted to remain open for the
offering of amusement devices to the public at retail between the
hours of 10:00 p.m. and 3:00 p.m. on any day in which such school
is in regular session.
C.
For the purpose of this section, the term "public or parochial school"
shall mean any institution providing learning facilities for grades
kindergarten through eight (K-8). The 1,000-foot distance shall be
measured by the shortest route along the highway from the closest
point of the main entrance of such school to the main entrance of
such premises.
The following general requirements shall apply to all amusement
arcades licensed in accordance with this article:
A.
All amusement arcades shall have an adult supervisor on the premises
at all times in which the amusement arcade is open to the public.
B.
Every amusement arcade shall provide an adequate area and number
of bicycle racks for the orderly parking of bicycles, which area shall
be separate from a required vehicle parking stall and shall be so
located as to not occupy any portion of a public sidewalk or to otherwise
obstruct pedestrian passage to and from the premises.
C.
Game rooms licensed herein shall comply with all other building and
fire codes and applicable City laws and regulations.
Licenses may be revoked by the City Council after a hearing,
in the event an amusement arcade's location or operation fails to
conform to standards provided in this article, or violates any other
provision of this Code of Ordinances.
[Adopted 10-6-2004 as
Title 7, Ch. 12, of the 2004 Code]
It shall be unlawful for any person or entity to operate a circus,
carnival, menagerie or any other show or exhibition of a similar nature
in the City of Amery without first having obtained a license therefor.
The amount to be paid for a license shall be as follows, for
each calendar day on which a show will be held:
A license shall be issued restricting the event to the premises
described therein.
Licenses shall be issued for a maximum of four consecutive days,
and a maximum of four days within any thirty-day period beginning
the first day of the show or exhibit being licensed.
Applicants for a license shall provide proof of liability insurance
in an amount not less than $1,000,000 single limit per occurrence.
The City Administrator/Clerk-Treasurer, upon proper written
application and payment of the appropriate fee, shall issue a license
to the person applying for the same unless:
A.
It shall appear to the Administrator/Clerk-Treasurer that the purpose,
content, method of exhibition or other aspect of such event shall
be of a nature that shall disturb the public safety, peace and quiet;
B.
It shall appear to the Chief of Police or Fire Chief or Building
Inspector that the proposed site for the exhibit or show shall be
unsafe or unsanitary for the proposed event; or
C.
The applicant has failed to provide adequate proof of the required
minimum liability insurance.
The Administrator/Clerk-Treasurer shall consult with the Chief
of Police, Fire Chief and Building Inspector before issuing a license
under this article.
