Except as otherwise provided by this division, a person may
not intentionally or knowingly operate an indoor amusement facility
without an indoor amusement facility license or registration.
(Ordinance 09-544-10, § 8,
adopted 7/21/2009)
An indoor amusement facility license applicant must file with
the city secretary a license application that:
(1)
Contains
a complete statement about the ownership of the business that is the
subject of the application, including:
a.
The
nature of the business entity; and
b.
The
name and residence address of each person who has a financial interest
in the business, including the nature, type, and extent of the interest.
A corporate applicant is not required to include in the ownership
statement the name and residence address of a shareholder who holds
less than ten percent of the shares in the applicant's corporation.
(2)
Designates:
a.
An individual
responsible for maintaining a record of and reporting to the city
information required by this division. The individual designated must
be either the owner of the business; a partner of the business; an
officer of the business; a trustee of the business; a receiver of
the business; or an officer or principal member of the business.
b.
An office
located in the city where the applicant proposes to maintain the records
required by this division.
(3)
Is accompanied
by:
a.
A written
statement executed by the individual designated under subsection (2)
of this section that the individual accepts the responsibility described
by that subdivision; and
b.
A cashier's
check, money order, personal check, or other method of payment authorized
by the city, in an amount equal to the annual license fee;
(4)
Includes
any other relevant information required by the city.
(5)
States
that the information contained in the application is true and correct.
(Ordinance 09-544-10, § 9,
adopted 7/21/2009)
The annual fee for an indoor amusement facility license shall
be set by the city council from time to time and is on file in the
city secretary's office.
(Ordinance 09-544-10, § 10,
adopted 7/21/2009)
A license issued under this division:
(1)
Is effective
for only one business entity;
(2)
Does
not vest any property or right in the license holder, except for the
right to conduct the licensed business; and
(3)
May
not be transferred or assigned.
(Ordinance 09-544-10, § 11,
adopted 7/21/2009)
A license holder shall prominently display the holder's license
at the holder's place of business at all times.
(Ordinance 09-544-10, § 12,
adopted 7/21/2009)
A license issued under this division expires on the earlier
of:
(1)
December
31 of the year the license is issued; or
(2)
The
death or dissolution of the license holder.
(Ordinance 09-544-10, § 13,
adopted 7/21/2009)
(a)
A license
holder may renew an unexpired license or registration by paying to
the city secretary, before the expiration date of the license, the
required annual license fee. An application for renewal must be made
to the city secretary before December 1. A renewal application filed
on or after December 1 but before the license expires must be accompanied
by a late fee as provided in the fee schedule on file in the city
secretary's office.
(b)
A license
holder may renew an expired license or registration under this subsection.
If the license or registration has been expired for not more than
30 days, the person may renew the license by paying to the city secretary
a fee that is 1½ times the amount of the annual license or
registration fee. If the license has been expired for more than 30
days but less than 60 days, the person may renew the license by paying
to the city secretary a fee that is two times the amount of the annual
license or registration fee.
(c)
A person
whose license has been expired for 60 days or more may not renew the
license. The person may obtain a new license by complying with the
requirements.
(Ordinance 09-544-10, § 14,
adopted 7/21/2009)
Acceptance of a license or registration certificate constitutes
consent that the city council or the city council's designee or a
peace officer may freely enter the licensed business premises of the
license or registration certificate holder during normal business
hours to ensure compliance with this division.
(Ordinance 09-544-10, § 15,
adopted 7/21/2009)
(a)
A license
holder shall maintain a record of and report to the city secretary
information relating to each music or skill or pleasure coin-operated
machine owned, possessed, or controlled by the license holder in the
city, including:
(b)
A license
holder shall report to the city secretary the information required
under this division no later than June 1, of each year and again no
later than December 1 of each year.
(Ordinance 09-544-10, § 16,
adopted 7/21/2009)
The city secretary may not issue a license if the city council
or the city council's designee finds that:
(1)
An applicant
is under 18 years of age;
(2)
An applicant
has falsely answered or failed to answer 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 division within the preceding 12 months or has had a license
issued under this division revoked within the preceding 12 months
and the denial or revocation has not been successfully appealed;
(5)
The
applicant has failed to designate and maintain an office located in
the city as required by this division;
(6)
The
applicant has failed to allow the inspection of records that the applicant
is required to maintain under this division; or
(7)
An applicant
or applicant's spouse has been convicted of a crime involving gambling,
gambling promotion, keeping a gambling place, or possession of a gambling
device, equipment or paraphernalia; the sale of an alcoholic beverage
without a permit or license from the state; prostitution or promotion
of prostitution; or unlawfully carrying a weapon, or any felony offense
provided:
a.
If the
conviction was for a misdemeanor offense, less than two years have
elapsed since the date of the 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 less than two years since the date
of release from confinement or supervision for the conviction, whichever
is the later date;
c.
If the
conviction is for two or more misdemeanor offenses or a combination
of misdemeanor offenses occurring 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;
d.
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant's spouse.
(Ordinance 09-544-10, § 17,
adopted 7/21/2009)
(a)
An applicant
for a license or registration certificate or a license or registration
certificate holder is entitled to not less than ten days' written
notice and, if requested, a hearing in the following instances:
(1)
After
an application for an original or renewal license or registration
certificate has been refused;
(2)
Before
the city council or the city council's designee may revoke a license
or registration certificate; and
(3)
Before
the city council or the city council's designee may impose any other
sanction under this chapter other than the sealing of a machine.
(b)
Written notice required by subsection (a) of this section may:
(1)
Be
personally served;
(2)
Be
sent by United States certified mail addressed to the last known address
of the applicant or license or registration certificate holder; or
(3)
If, after due diligence, notice cannot be given as provided by subsection (b)(1) or (2) of this section, be given by any reasonable method of notice calculated to inform a person of average intelligence and prudence in the conduct of the person's affairs, including publishing notice in a newspaper of general circulation in the area in which the applicant or license or registration holder conducts the person's business activities.
(Ordinance 09-544-10, § 18,
adopted 7/21/2009)
(a)
The
comptroller or an authorized representative of the comptroller may
seal a coin-operated machine in a manner that prevents the full operation
of the machine if:
(b)
The
city secretary shall charge a fee to be set by ordinance and maintained
in the schedule of fees which is on file in the city secretary's office
to release a coin-operated machine sealed under this section.
(c)
It is
a violation of this division for a person to intentionally or knowingly
break a seal attached by the city council or the city council's designee
without the city council or the city council's designee's approval.
(d)
It is
a violation of this division for a person to intentionally or knowingly
exhibit or display a coin-operated machine that has a broken seal
without the city council or the city council's designee's approval.
(Ordinance 09-544-10, § 19,
adopted 7/21/2009)
No indoor amusement facility may be located within 300 feet
of another indoor amusement facility or any church, school or hospital
building in this city.
(Ordinance 09-544-10, § 20,
adopted 7/21/2009)
All indoor amusement facilities shall be open to the public.
(Ordinance 09-544-10, § 21,
adopted 7/21/2009)
No indoor amusement facility may operate between the hours of
2:01 a.m. and 7:59 a.m. in the city.
(Ordinance 09-544-10, § 22,
adopted 7/21/2009)
Each indoor amusement facility shall have at least one parking
space per 100 square feet of gross floor area.
(Ordinance 09-544-10, § 23,
adopted 7/21/2009)
All distances shall be measured in a straight line, without
regard to intervening structures, from the property line of an indoor
amusement facility, church, school, hospital or where a coin-operated
machine is located, to the nearest property line of an indoor amusement
facility, church, school, hospital or where a coin-operated machine
is located. These measurements shall be made only to property lines
within the city.
(Ordinance 09-544-10, § 24,
adopted 7/21/2009)
All indoor amusement facilities in operation on October 1, 2009
in violation of the parking or distance requirements of this division
shall be deemed pre-existing conditions. The pre-existing condition
will be permitted to continue for a period not to exceed one year,
unless sooner terminated for any reason or voluntarily discontinued
for a period of 30 days or more. Such pre-existing condition shall
not be increased, enlarged, extended or altered. If two or more indoor
amusement facilities are within 300 feet of one another and otherwise
in a permissible location, the indoor amusement facility which was
first established and continually operated at a particular location
is the permissible indoor amusement facility and the later established
indoor amusement facility is the pre-existing condition. Any pre-existing
condition which is required to be discontinued as provided for in
this section may file a request to the city council to review the
one-year limit. The council, after a hearing, may approve an amortization
plan for a period in excess of one year. The council shall establish
a value for the indoor amusement portion of the building and base
its amortization period on that value, not the value of the entire
business operation. Any request for a review of the one-year limit
must be filed with the city secretary at least 45 days prior to the
expiration of the one-year limit.
(Ordinance 09-544-10, § 25,
adopted 7/21/2009)
Any person who shall violate any provision of this division shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished as provided by section 1-13 for each such violation. Each day in which any violation shall occur, shall constitute a separate offense.
(Ordinance 09-544-10, § 27,
adopted 7/21/2009)
