HomeMy WebLinkAboutOrdinance-1978-0272INTRODUCED BY COUNCILPERSON C.AVARRA
ORDINANCE NO. 272
Series of 1978
TITLE: AN ORDINANCE PROVIDING FOR THE LICENSING OF AND COLLECTION OF
FEES FROM ESTABLISHMENTS MAINTAINING AMUSEMENT DEVICES WITHIN
THE CITY OF WHEAT RIDGE, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
THAT:
Section 1. DEFINITIONS
(a) 'Applicant' shall mean any individual, association, partner-
ship or corporation requesting a license pursuant to this
ordinance;
(b) 'Amusement arcade' shall mean a place or establishment where
an individual, association, partnership, or corporation main-
tains more than ten (10) amusement devices;
(c) 'Amusement center' shall mean a place or establishment where
an individual, association, partnership, or corporation main-
tains less than eleven (11) amusement devices either as a
sole business or in conjunction with some other business;
(d) 'Amusement device' shall mean any device which upon inser-
tion of a coin, slug, token, plate, or disc, or payment of
a consideration directly therein, may be used by the public
for use as a game, entertainment, amusement, a test of skill,
either mental or physical, whether or not registering a score;
but shall not include radios, devices that provide music
only, television carrying commercial broadcasts only, devices
for bowling such as bowling lanes, non-coin-operated pool and
billiard tables, or fixed-stand coin-operated kiddie rides; and
(e) 'Manager' shall mean an individual who manages, directs,
supervises, oversees, and administers the acts and trans-
actions of the agents or servants of any establishment governed
by this ordinance, or who, through his own actions, directs,
oversees, and administers the affairs of any such establishment.
Section 2. LICENSE REQUIRED FEE
(a) No amusement arcade or amusement center shall conduct busi-
ness within the City without a valid license.
(b) No amusement arcade or amusement center shall conduct busi-
ness within the City without first payinq the fee placed
upon amusement devices imposed by this ordinance.
Section 3. LICENSE APPLICATION CONTENTS
The application for an amusement arcade or amusement center license
shall be made to the City Clerk, and shall be accompanied by the
fees required by this ordinance and shall contain the following
information:
(1) The name and address of the establishment;
(2) The name and address of the applicant, age, date, place
of birth;
ORD. NO. 272
Series of 1978
(3) Evidence from the Department of Community Development of
the City that the location of the proposed amusement arcade
meets all of the zoninq requirements of the City;
(4) Where applicant is a corporation, association, partnership,
or private club, the information required in subsection (2)
shall be furnished as to each member of the association,
or each officer of the corporation and members of the Board
of Directors of the corporation and the holders of 1001 or
more of the corporate stock of any class;
(5) Prior felony convictions of any of the persons listed above,
if any;
(6) The number of amusement devices to be maintained at the amuse-
ment arcade; and
(7) The name, age, and prior felony convictions of any proposed
manager or managers of the establishment.
Section 4. APPROVAL OF LICENSE
(a) Application for the license required by this ordinance shall
be reviewed by the City Clerk. The City Clerk shall have
an investigation conducted by the Police Department suffi-
cient to verify all the information required by this ordi-
nance. On completion of this investigation, the City Clerk
shall either approval or disapprove the application.
(b) No license shall be issued to any applicant unless approved
by the City Clerk. The City Clerk shall refuse to issue
any license for an amusement arcade, amusement center, or
amusement device, if said Clerk finds any of the following:
(1) Where the applicant is under the age of 21 years; or
(2) Where the applicant, manager, or either of them, have
made false statements upon the application; or
(3) Where the applicant, manager, or either of them, have
been convicted of a felony within the last ten (10)
years; or
(4) That the proposed amusement arcade or amusement center
is located within one thousand feet of the boundary
of any public or parochial schoolground.
(c) In the event that the City Clerk disapproves a license appli-
cation, the City Clerk shall make written findings of fact
stating the reasons for the disapproval. Any decision of
the City Clerk may be reviewed by the City Council if an
appeal of the City Clerk's decision is properly filed within
thirty (30) days of that decision.
Section 5. TERM OF THE LICENSE
All licenses granted pursuant to this ordinance shall be for a
term of one (1) year. Said term shall commence on the date said
license is issued and terminate on the anniversary date of said
license.
Section 6. LICENSE RENEWAL
Renewal of any of the licenses granted pursuant to this ordinance
may be had by payment of the licensing fee alonq with a statement
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ORD. NO. 272
Series of 1978
that the information listed on the original license application
is still true and correct, or a statement listing those items
of information required for a license application which have
changed in the year since the license was granted or last renewed.
Section 7. FEES
(a) Applicants or holders of an amusement arcade license shall
pay a yearly fee of Twenty-Five Dollars ($25.00) per amuse-
ment device maintained upon the premises;
(b) Applicants or holders of an amusement center license shall
pay a yearly fee of Twenty-Five Dollars ($25.00) per amuse-
ment device maintained upon the premises; and
(c) Applicants for an amusement arcade license shall pay an inves-
tigation fee of Fifty Dollars ($50.00) to cover the cost
of investigation required by this ordinance.
(d) All applicants and holders of amusement center or amusement
arcade licenses shall report to the City Clerk the addition
of any amusement device or devices to their premises within
fifteen (15) days of said addition and tender to the City
Clerk at that time the fee of Twenty-Five Dollars ($25.00)
for each additional amusement device for the remainder of
the original license period. Failure to report additional
amusement devices to the City Clerk shall constitute a vio-
lation of this ordinance and be grounds for revocation or
suspension of the license granted pursuant to this ordinance.
The City Treasurer shall issue a receipt for the payment of those
fees.
Section 8. SUSPENSION OR REVOCATION OF LICENSE
(a) The City Clerk shall either suspend or revoke any license
granted pursuant to this ordinance upon a finding of any
of the following factors:
(1) That any of the amusement devices maintained upon the
premises are being used for gambling purposes or high
score prizes;
(2) That repeated disturbances of public peace have been
occurring within the licensed establishment or upon
any parking areas, sidewalks, walkways, access ways
or grounds immediately adjacent to the licensed premises
involving patrons, employees, or the holder of the
license of the establishment.
(3) That the holder of the license or any employees thereof
are illegally offerina for sale, or illeqally allowing
to be consumed upon the licensed premises, or upon any
parking areas, sidewalks, walkways, access ways or grounds
immediately adjacent to the licensed premises, narcotics
or dangerous drugs;
(4) That the holder of the license or an approved manager
is not upon the licensed premises at all times; and
(5) That where not specifically authorized by law malt,
vinous, or spiritous beverages are being consumed con-
tinuously and repeatedly or with the consent of the
owner by patrons of the licensed establishment upon
any parking areas, sidewalks, walkways, access ways
or grounds immediately adjacent to the licensed premises.
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ORD. NO. 272
Series of 1978
(b) Nothing in this ordinance shall prohibit the City from taking
any other enforcement action provided for by this Code or
the laws of the State of Colorado or of the United States.
Section 9. DISPLAY AND TRANSFER OF LICENSE
(a) The holder of any license or receipt issued pursuant to the
terms of this chapter shall prominently display the same
upon the premises for which the license is issued.
(b) Any license or receipt issued pursuant to the terms of this
ordinance shall not be transferable to any other location
in the City. In the event of transfer of ownership of the
business at the same location for which a license or tax
receipt is issued pursuant to the terms of this ordinance,
a license may be transferred to the new owner of the busi-
ness; provided, however, that application therefor stating
the same information as required by Section 3 is first pre-
sented to the City Clerk for approval or disapproval, as
provided in Sections 3 and 4 of this ordinance, accompanied
by the proper license fee and a Fifty Dollar (550.00) inves-
tigation fee as required by this ordinance. Approval or
disapproval of such transfer shall be upon the same terms
as approval or disapproval of a license as required by the
terms of this ordinance.
(c) The City Clerk shall revoke or not renew, as the case may
be, any amusement license provided for by this ordinance,
if the Clerk determines, pursuant to adequate investigation,
that the licensed location has been inactive for at least
sixty (60) days. The City Clerk shall issue findin4s to
support his determination and shall immediately notify the
holder of such amusement license of the determination.
Any revocation or suspension of a license provided by this
ordinance may be reviewed by City Council if an appeal of
said revocation or suspension is filed within ten (10) days
after notification of said suspension or revocation.
Section 10. GAMBLING PROHIBITED
Nothing in this ordinance shall be construed to permit any unlawful
gambling or wagering within the City of Wheat Ridqe.
Section 11. CONVICTION UPON VIOLATION
Any individual, association, partnership, or
is convicted of a violation of any provision
shall be fined in a sum of not more than Thr
($300.00) or imprisoned not to exceed ninety
both so fined and imprisoned, as provided by
Code of Laws.
Section 12. SEVERABILITY
corporation who
of this ordinance
se Hundred Dollars
(90) days, or be
the Wheat Ridge
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions
hereof.
Section 13. EMERGENCY
This ordinance is necessary for the immediate preservation of
the public health and safety and an emergency exists by reason
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ORD. NO. 272
Series of 1978
of the fact that the City must commence orderly licensing of amuse-
ment arcades; therefore, this ordinance shall take effect following
adoption immediately upon the signature of this ordinance by the
Mayor (or Mayor Pro Tem) approving the same; provided, however,
that sixty (60) days from the effective date hereof shall be allowed
for compliance with the terms of this Chapter.
INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED on first readinq by
a vote of 5 to 0 this 20th day of March , 1978.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a
vote of 6 to 0 this 10th day of April , 1978.
SIGNED by Mayor Oliver V. Phillips on this 11th day of April ,
1978.
Z;~L,
OLIVER V. PHILLIPS, MAYOR
ATTEST:
CAROL F. HAMPF, CITY CLERK
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