(a)
Supervisor.
A person who owns or operates an indoor
amusement facility must designate one or more persons as facility
supervisors. The names of the facility supervisors must be included
in a license application or renewal application. Whenever a change
in the facility supervisor occurs, notice of that change shall be
given to the licensing officer. A facility supervisor must remain
on the premises of the indoor amusement facility during operating
hours.
(b)
Authority to vacate and close premises.
The chief of
police, fire marshal, or building official shall have the power to
cause an indoor amusement facility to be vacated whenever any provision
of this article is being violated or when a situation that poses an
immediate threat to safety exists. In addition, where a violation
of any ordinance of the city or state law is discovered, the chief
of police, fire marshal, or building official may order that an indoor
amusement facility be vacated and remained closed for up to 24 hours
after it is determined that the violation that resulted in the order
to close has been corrected.
(c)
Hours of operation.
The indoor amusement facility shall
not be operated between 12 a.m. and 8 a.m.
(d)
Layout.
All skill or pleasure coin-operated machines,
pool tables, and bowling lanes shall be in full and open public view.
No skill or pleasure coin-operated machine, pool table, or bowling
lane shall be in a room that is closed off from the main area of the
facility.
(Ordinance 0705002, sec. 2 (13-126),
adopted 5/1/2007)
(a)
A
person commits an offense if the person:
(b)
Acquisition
of a license under this article is a separate and distinct requirement
from any other licensing requirement. Possession of some other license
shall not relieve a person of the requirement to obtain a license
pursuant to this division.
(Ordinance 0705002, sec. 2 (13-115),
adopted 5/1/2007)
A person who owns or operates or causes to be operated an indoor
amusement facility without the license required under this division
is subject to a suit for injunction, as well as prosecution for criminal
violations.
(Ordinance 0705002, sec. 2 (13-116),
adopted 5/1/2007)
(a)
An
application for a license to operate an indoor amusement facility
must be made to the licensing officer on the form prescribed by that
official. The application must be accompanied by a sketch or diagram
showing the configuration of the premises as well as the location
of all coin-operated machines, pool tables, and exits. The sketch
need not be professionally prepared.
(b)
If
a person who wishes to own or operate an indoor amusement facility
is an individual, he must sign the application for a license as the
applicant. If the person who wishes to own or operate an indoor amusement
facility is other than the individual, each individual who has a 20
percent interest in the business must sign the application for a license.
(c)
All
applications must be accompanied by a nonrefundable application fee
in an amount determined as a part of the city’s annual budget.
An application shall not be considered to have been filed until the
application fee is paid and all information required by the application
form is submitted.
(Ordinance 0705002, sec. 2 (13-117),
adopted 5/1/2007)
(a)
Preliminary inspection.
The licensing officer shall
forward a copy of all indoor amusement facility applications to the
police department, health department, fire department, inspection
department, and any other city department that wishes to participate
in the review process. Upon receipt of the copy of the application,
each department shall make such inspection and/or investigation of
the applicant and the premises that is necessary for the enforcement
of ordinances and laws for which the department has responsibility.
Upon completion of the review, the reviewing department shall forward
to the licensing officer its recommendation for approval or disapproval
of the application. If the recommendation is for disapproval, the
department shall clearly set forth its reason for the recommendation.
If all departments recommend approval, then a final inspection shall
be conducted.
(b)
Final inspection.
The city shall make a final inspection of the facility after all equipment and furnishings are in place to ensure the facility complies with all applicable codes and ordinances. If, after final inspection, the recommendation is for disapproval, the city shall clearly set forth its reason for the recommendation. If the recommendation is for approval, a license shall be issued in accordance with section 4.04.065.
(Ordinance 0705002, sec. 2 (13-118),
adopted 5/1/2007)
(a)
Issuance or denial.
The licensing officer shall issue
an indoor amusement facility license, upon payment of the license
fee, to an applicant within 30 days of the filing of an application,
unless the licensing officer finds one or more of the following is
true:
(1)
An applicant is under 18 years of age;
(2)
An applicant has falsely answered a question or request for information
on the application form;
(3)
The indoor amusement facility is not in compliance with applicable
laws and ordinances;
(4)
The applicant has been denied a license or the renewal of a license
under this article within the preceding 12 months or has had a license
issued under this article revoked within the preceding 12 months and
the denial or revocation has not been successfully appealed; or
(5)
An applicant or applicant’s spouse has been convicted of a
crime involving (i) gambling, gambling promotion, keeping a gambling
place, or possession of a gambling device, equipment or paraphernalia,
(ii) the sale of an alcoholic beverage without a permit or license
from the state, (iii) prostitution or promotion of prostitution, (iv)
manifesting the purpose of engaging in prostitution, or (v) unlawfully
carrying a weapon; provided:
(A)
If the conviction was for a misdemeanor offense, less than two years
have elapsed since the date of conviction or the date of release from
confinement for the conviction, whichever is the later date;
(B)
If the conviction is for a felony offense, less than five years have
elapsed since the date of conviction or the date of release from confinement
for the conviction, whichever is the later date; or
(C)
If the conviction is for two or more misdemeanor offenses or a combination
of misdemeanor offenses within any 24-month period, less than five
years have elapsed since the date of the last conviction or the date
of release from confinement for the last conviction.
|
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or the applicant’s
spouse.
|
(b)
Extension of review period.
If the applicant is in the
process of correcting conditions on the premises so that the premises
will comply with applicable ordinances and laws, the applicant shall
have thirty (30) days from date of notice to bring the premises into
compliance, or a new application shall be required.
(c)
Term.
No license shall be effective until it has been
issued. All licenses for indoor amusement facilities issued under
the provisions of this article shall be valid for a period of one
year from the date of issuance. The date of issuance shall be stated
on the license.
(d)
Compliance by existing facilities.
Those persons operating
an indoor amusement facility prior to June 1, 2007, shall comply with
the licensing application provision by August 1, 2007 (with the license
to be valid for one calendar year after issuance); however, all provisions
contained herein shall become effective from and after the date the
ordinance from which this division derives has been published as required
by law.
(Ordinance 0705002, sec. 2 (13-119),
adopted 5/1/2007)
(a)
An
indoor amusement facility license issued under this article shall
state on its face to whom it is issued, the date of issuance, the
date of expiration, and the address and location of such indoor amusement
facility, and shall be signed by the licensing officer.
(b)
The
license shall be posted by the licensee in a conspicuous place and
in such a manner and position that it may be easily read at any time
of day or night.
(c)
A
replacement license may be issued for a lost, destroyed, or mutilated
license upon application. A replacement license shall have the word
“replacement” stamped across its face and shall bear the
same number as the one it replaces.
(d)
A
licensee shall notify the licensing officer within ten (10) days of
a change or partial change of ownership or change of address or trade
name.
(Ordinance 0705002, sec. 2 (13-120),
adopted 5/1/2007)
A licensee under this article shall not transfer his license
to another, nor shall a licensee operate an indoor amusement facility
under the authority of a license at any place other than the address
designated on the license.
(Ordinance 0705002, sec. 2 (13-121),
adopted 5/1/2007)
(a)
The
building official may suspend or revoke a license if the building
official determines that:
(1)
The owner, operator, or facility supervisor has refused to allow
an inspection of the premises as authorized by this article;
(2)
The owner, operator, or facility supervisor has demonstrated an inability
to operate or manage an indoor amusement facility in a peaceful and
law-abiding manner;
(3)
A cause of suspension occurs and the license has already been suspended
within the preceding 12 months;
(4)
An owner or operator gave false or misleading information in the
material included on or with his original application or a renewal
application or in response to an inquiry by the city;
(5)
An owner, operator, or facility supervisor has been convicted of a violation set forth in section 4.04.065(a)(5);
(6)
The indoor amusement facility has been operated without a facility
supervisor being physically present; or
(7)
The indoor amusement facility is being operated in violation of the
building codes or city ordinances.
(b)
The
fact that a conviction is being appealed shall have no effect on the
suspension or revocation of the license.
(c)
Notice
of suspension shall be served either in person or by certified mail
to the owner or operator of the indoor amusement facility and the
owner of the building in which the indoor amusement facility is located.
(Ordinance 0705002, sec. 2 (13-122),
adopted 5/1/2007)
(a)
A
renewal application on the form prescribed by the licensing officer
may be submitted no earlier than 60 days before the expiration of
the license. The renewal application must be accompanied by a renewal
fee set by the city council as a part of the city’s annual budget.
When an application for renewal is submitted less than 30 days before
the expiration date of the license, the expiration date of the license
will not be affected.
(b)
When the renewal application has been filed as required above, the building official shall have seven (7) days to determine whether to issue a renewal license, or to reject the renewal application and require the applicant to file an original application and review the renewal request under the same standards as the original license application. If the building official requires that the renewal be handled as though it were a new application, the review period set out in section 4.04.065 shall commence upon the filing of the completed original application form, not upon the filing of the renewal application form. The following shall constitute grounds for rejecting the renewal application and requiring the filing of an original application form:
(1)
The receipt by any department of the city of confirmed complaints
about the operation of the indoor amusement facility during the period
that the license for which renewal is sought has been in force;
(2)
The discovery by any official of the city of a violation of any ordinance
or law during the preceding year on the premises which was related
to the operation of the indoor amusement facility; or
(3)
An increase in police calls to the indoor amusement facility or the
area immediately adjacent to the premises that are related to the
operation of the indoor amusement facility.
(c)
If a license expires during an extension of the review period provided for in section 4.04.065, the licensee may continue to operate the indoor amusement facility until a decision on the renewal is rendered. If the renewal is denied, the licensee must cease operation of the indoor amusement facility immediately upon notification. Notice of the denial shall be sufficient if personally given to the owner, operator, or facility supervisor as provided for in section 4.04.068, or if delivered to the owner, operator, or facility supervisor at the address shown on the renewal application by mail, return receipt requested.
(d)
When
an application for renewal is ultimately denied, the applicant shall
not be issued a license for one year from the date of the denial.
If, subsequent to denial, the building official finds that the basis
for denial of the renewal license has been corrected or abated, the
applicant may be granted a license if at least 90 days has elapsed
since the date the denial of the renewal application was final.
(Ordinance 0705002, sec. 2 (13-123),
adopted 5/1/2007)
(a)
Filing of appeal.
If either an original application
or a renewal application for a license is denied, suspended, or revoked,
the applicant or owner shall be informed of that action by written
notice that states the basis for the action. The applicant may appeal
that action to the city council by filing a written appeal with the
city secretary’s office within ten days of receiving the notice
of the denial, suspension, or revocation of the license. In the notice
of appeal, the appealing party shall clearly set out his reasons for
believing that the action to deny, suspend, or revoke the license
was in error. If the appeal is from the denial of a license renewal,
suspension, or revocation, the denial, suspension, or revocation shall
be stayed during the pendency of the appeal and the indoor amusement
facility may continue to operate.
(b)
Hearing and decision.
The city council shall conduct
a public hearing within 30 days of the filing of the appeal. Opportunity
shall be afforded to all parties and interested parties to present
evidence or argument on the issues involved in the appeal. Within
30 days of the closing of the public hearing, the city council shall
make its decision on whether to overturn the denial, suspension, or
revocation of the license. A written notice setting out the city council’s
decision shall be given to the appealing party. If the city council
fails to act within the time frame stated herein, the denial, suspension,
or revocation of the license shall be overturned. Provided that, if
the appeal is from a denial of an initial license application, not
a denial of a license renewal, suspension, or revocation, the city
council must conduct its hearing and make its decision on whether
to overturn the license denial within 30 days from the filing of the
appeal.
(c)
Standards for review of initial license denial.
At the
appeal hearing on a denial of an initial license application, the
appealing party must present evidence clearly indicating that the
building official was incorrect in determining that the stated grounds
for the license denial existed.
(d)
Standards for review of license suspension, revocation, or denial
of renewal.
At the appeal hearing on a license suspension,
revocation, or refusal to renew, the building official must present
evidence clearly indicating that the stated grounds for the suspension,
revocation, or denial of renewal existed.
(Ordinance 0705002, sec. 2 (13-124),
adopted 5/1/2007)
Before any license for an indoor [amusement] facility shall
be issued by the city, the person applying for the license shall pay
to the city the fees that are established by the city council as part
of the city’s annual budget. These fees may include an application
fee to cover the costs associated with processing the application
in addition to an annual license fee.
(Ordinance 0705002, sec. 2 (13-125),
adopted 5/1/2007)
