Chapter 24 — AMUSEMENT ARCADES

For the purposes of this chapter, "amusement arcade" shall be deemed to mean and include any public place of amusement or public place of business in which more than three (3) amusement machines are installed. "Amusement machine" shall mean any mechanical and/or electronic amusement device by which games are played, films or photographs shown, or tests of strength and skill offered through the playing of such machines but shall not include any coin-operated phonographic record player.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)

It shall be unlawful for any person to engage in, carry on, maintain, or conduct, or cause to be engaged in, carried on, maintained, or conducted, any amusement arcade without first obtaining a license from the City, which license shall be issued by the Chief of Police.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)

(a)

An applicant for an amusement arcade license shall submit his application to the Chief of Police. The application shall include, among other things, the following:

(1)

The true name of the applicant, together with the names of all persons directly or indirectly interested in the conducting of such business, including all members of any firm or partnership. A corporate applicant shall list officers, directors, and principal owners, including all owners of ten (10%) percent or more of the corporate stock;

(2)

Whether the applicant has at any time been convicted of a felony or offense involving moral turpitude or has been convicted of any narcotics violation or violation of any gambling law;

(3)

Whether or not any permit or license heretofore granted to the applicant to engage in any business or do any act within the City has been revoked or denied and, if so, the circumstances surrounding the revocation or denial;

(4)

The location and a description of the premises upon which the applicant proposes to conduct an amusement arcade and a statement of the property interests of the applicant in the premises as owner, lessee, or otherwise;

(5)

The number of amusement machines which will be operated on the premises; and

(6)

Such further information bearing on the identity and character of the applicant or the use, location, or condition of the premises as the Chief of Police may require.

(b)

A fee as specified by Council policy shall accompany the application.

(§ 1, Ord. 298-C.S., eff. May 11, 1981, as amended by § XV, Ord. 309-C.S., eff. October 29, 1981)

Applications for amusement arcade licenses shall be investigated by the Chief of Police. The investigation shall take into consideration the character of the applicant and any law enforcement problem which the issuance of the license might tend to create. In addition to his investigation, the Chief of Police shall also refer every application to the Zoning Administrator for a written report concerning the compatibility of the proposed use of the premises with the existing zoning and neighborhood land uses. The Chief of Police may also consider such other sources of information as are available to him.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)

The Chief of Police shall find and determine, before any permit required by the provisions of this chapter may be issued, that the conduct of such activity and the issuance of the permit will be conducive to the public health, welfare, and safety, and, for such purpose, he may consider material facts or evidence bearing upon the fitness and capability of the applicant. The Chief of Police shall find and determine that:

(a)

The applicant has complied with the provisions of all applicable laws and regulations of the City and State, including, but not limited to, the building, fire, health, and zoning laws of the City;

(b)

The applicant has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration pursuant to the provisions of Section 290 of the Penal Code of the State or any violation of Sections 311 through 311.7, 314, 315, 316, 318, or 647 (a), (b), (d), or (h) of said Penal Code, or convicted of a felony;

(c)

The applicant has not been convicted of the use of force and violence upon another or been convicted of a drug related offense; and

(d)

The applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in this application or any other document required by the City to be submitted in conjunction with his application.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)

(a)

Nontransferable. No permit issued by the Chief of Police pursuant to the provisions of this chapter shall be transferable by operation of law or otherwise.

(b)

Display. Every person to whom or for whom a permit shall have been granted pursuant to the provisions of this chapter shall display such permit in a conspicuous place within the establishment so that the permit may be readily seen by persons entering the premises.

(§ 1 Ord. 298-C.S., eff. May 11, 1981)

Every permit issued pursuant to the provisions of this chapter shall be issued for a period of one year.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)

(a)

Authorized. Permits shall be suspended or revoked by the Chief of Police in the manner and upon the grounds set forth in this section if the permittee has violated any of the provisions of the laws of the City, the State, or the United States. Such permit may also be revoked or suspended by the Chief of Police upon the recommendation of the Health Officer that such business is being managed, conducted, or maintained without regard for public health or the health of patrons or customers or without due regard to property sanitation and hygiene.

(b)

Notices. Prior to the suspension or revocation of any such permit, the permittee shall be given a notice of the proposed action and shall be given an opportunity to be heard.

(c)

Chief of Police hearings: Notices. Such hearings shall be held before the Chief of Police, and a notice shall be given at least seven (7) days prior to such hearing, which notice shall contain the grounds set forth for the proposed revocation.

(d)

Chief of Police rulings: Appeals. Any interested person may appeal the ruling of the Chief of Police on the matter of the suspension or revocation of a permit pursuant to the provisions of Section 1-4.01 of Chapter 4 of Title 1 of this Code.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)

No person shall operate an amusement arcade in violation of any of the following regulations:

(a)

No person shall operate an amusement arcade between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(b)

Amusement devices shall be separated from other activities on the premises when required by the Chief of Police.

(§ 1, Ord. 298-C.S., eff. May 11, 1981)