No person shall maintain or operate an amusement
center within the City of Rochester without first having obtained
an amusement center license.
A.
An application for an amusement center license shall
be made to the City of Rochester, City Clerk's office, on forms prescribed
by the Chief of Police.
[Amended 5-14-1996 by Ord. No. 96-155]
B.
Upon receipt of an application for an amusement center
license, and after approval for Zoning Code compliance by the Manager
of Zoning, the Commissioner of Neighborhood and Business Development
and the Fire Chief shall cause an inspection of the premises to be
made to determine whether the applicant is complying with the laws
and ordinances which they are charged with enforcing, and said Commissioner
and Fire Chief and members of their staffs shall have the right to
enter upon any premises for which an amusement center license is sought
for the purpose of making such an inspection during normal business
hours.
[Amended 2-24-1981 by Ord. No. 81-55; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No.
2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
Upon receipt of the application for the amusement
center license, the Chief of Police shall cause an inspection to be
made of the premises to determine whether public safety problems exist
on the premises, and the Chief of Police shall cause an investigation
to be made of the background of the owner and the operator of the
center. The Chief of Police and his or her representatives shall have
the right to enter upon such premises for the purpose of making such
inspections during normal business hours. Further inspections of the
premises may be made after a license has been issued to ensure compliance
with laws and ordinances relating to amusement centers.
[Amended 2-14-2006 by Ord. No. 2006-22]
D.
Except as provided in New York Correction Law, Article
23-A, no amusement center license shall be issued to any person who
has pled guilty to or has been convicted of any crime.
E.
No amusement center license shall be issued for an
amusement center located within 400 feet of a public or private elementary
or secondary school, measurements to be made in a straight line between
the two closest points on the property lines of the school and the
amusement center, except that this restriction shall not apply to
a premises possessing a license from the State of New York to sell
any alcoholic beverage at retail for consumption on the premises,
or to amusement centers operated by not-for-profit agencies serving
youth, provided that the amusement games are not the only youth services
offered at the premises and provided further that the amusement games
shall not be allowed to be operated during the regular school hours
of any school located within 400 feet of the amusement center.
[Amended 7-13-1982 by Ord. No. 82-313; 10-22-1996 by Ord. No. 96-330]
F.
The Chief of Police may promulgate rules and regulations
to govern the operation of amusement centers so as to provide for
the orderly operation of the centers and to ensure the public safety
and the peace and tranquility of the neighborhood where the centers
are located.
G.
No amusement center license shall be issued to any
person against whom judgment has been rendered by the Municipal Code
Violations Bureau in response to a complaint charging a violation
of any section of this chapter, which judgment has not been satisfied.
[Added 9-3-1985 by Ord. No. 85-379]
A.
The owner and operator of any amusement center shall
comply with all provisions of federal, state and local laws and ordinances
relating to the conduct of business and the use and maintenance of
the premises.
B.
The owner and operator of any amusement center shall
comply with all the notices, orders, decisions and rules and regulations
made by the Chief of Police, Fire Chief, Commissioner of Neighborhood
and Business Development and the Manager of Zoning governing the occupation
and use of said premises.
[Amended 2-24-1981 by Ord. No. 81-55; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No.
2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
The owner and operator of any amusement center shall
cause the amusement center license to be posted in a conspicuous place
on the premises of the amusement center.
D.
The owner and operator of any amusement center shall
not permit at any time a greater number of persons on the premises
than the capacity approved by the Department of Neighborhood and Business
Development and set forth on the amusement license.
[Amended 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
E.
The owner and operator of any amusement center shall
be of good moral character and a fit and proper person to hold a license
and shall maintain good order on the premises at all times. The lack
of good order on the premises shall include, but not be limited to,
the following:
[Amended 5-24-1983 by Ord. No. 83-188]
A.
The annual fee for an amusement center license shall
be as follows:
[Amended 5-25-1982 by Ord. No. 82-208]
(1)
Amusement centers which offer or operate only amusement
games shall pay a fee of $325.
[Amended 4-26-1983 by Ord. No. 83-132; 5-22-1990 by Ord. No. 90-191; 6-18-1991 by Ord. No. 91-257; 5-12-1992 by Ord. No. 92-175; 6-14-1994 by Ord. No. 94-171; 6-18-1996 by Ord. No. 96-206; 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No. 2008-205[1]]
[1]
Editor's Note: This ordinance provided an
effective date of 7-1-2008.
B.
Payment of the fee shall be due upon application for
the license.
[Amended 6-18-2002 by Ord. No. 2002-201]
C.
The fee for replacement of an amusement center license
which has been lost or destroyed shall be $10.
[Added 7-16-1985 by Ord. No. 85-317; amended 6-14-1994 by Ord. No. 94-171]
[Amended 6-18-1996 by Ord. No. 96-206]
Amusement center licenses shall expire on January
31 of each year. Fees for renewal of an amusement center license expiring
in 1996 shall be prorated on a semiannual basis.
