It shall be unlawful for any person or business entity that
owns an amusement center, save and except religious, charitable or
educational organizations authorized under the laws of the state,
to operate such business within the city without first having obtained
an appropriate license from the city secretary. Application for license
shall be made with the city secretary initially and on or before January
1 of each succeeding year. Whoever shall violate this section shall
be guilty of a misdemeanor under this code.
(Ordinance 366-A, sec. X, adopted 12/21/00)
There is levied an annual license fee on each person or business entity that owns an amusement center within the city. The city secretary is authorized to collect this annual license fee, which shall be due and payable on January 1 of each year. The annual license fee for such a general business shall be as provided for in the fee schedule found in appendix
A to this code.
(Ordinance 366-A, sec. XI, adopted 12/21/00)
Because of the rapid proliferation of such businesses in the
city and the observed congestion, late hours, potential for being
an attractive nuisance to minors and the questioned legality of such
activities, the city council hereby finds that a further proliferation
and concentration of such businesses constitutes a nuisance to the
health, safety and welfare of the city. Accordingly, subsequent to
the passage of this article, no license will be issued for any such
establishment unless such is at least one thousand feet (1,000') in
a direct line from any of its public entrances to the nearest property
line of a church, residence, school or another business entity operating
under a license issued under this article. Any businesses existing
as of the time of the passage of this article shall be permitted to
continue; however, if they should cease operations, or violate any
of the provisions of this article or any other applicable city, state
or federal law, their license shall be subject to revocation and such
may not be renewed unless they meet all provisions of any applicable
law, including the above spacing requirements.
(Ordinance 366-A, sec. XII, adopted 12/21/00)
Any license issued pursuant to this article shall be for one
(1) year and shall be nontransferable.
(Ordinance 366-A, sec. XIV, adopted 12/21/00)
A license issued pursuant to this article shall at all times
be displayed in some conspicuous place within the licensed place of
business.
(Ordinance 366-A, sec. XV, adopted 12/21/00)
(a) The
city council is authorized and empowered to revoke the license of
any person licensed under this article, after giving such licensee
ten (10) days’ notice of a hearing and after conducting such
hearing for the purpose of determining whether such license should
be revoked.
(b) The
power of revocation shall be exercised upon the following grounds
only:
(1) For the violation of any of the provisions of this article.
(2) For knowingly permitting the sale, use or consumption of any alcoholic
beverage in or upon the licensed premises.
(3) For violation of the prescribed hours of operation provided in this
article.
(4) For knowingly permitting the presence on the premises of a person
under the influence of intoxicating liquor.
(5) For knowingly permitting disorderly conduct or immoral practices
on the premises.
(6) For knowingly permitting the violation of the laws of the state or
of this article or any other ordinance of the city.
(7) For failure to provide a minimum lighting of thirty (30) footcandles
at every point thirty inches (30") above the floor in the parlor.
(8) For failure to comply with the regulations of this article relating
to minors.
(Ordinance 366-A, sec. XVI, adopted 12/21/00)