HomeMy WebLinkAboutOrdinance-1981-0482INTRODUCED BY COUNCILMEMBER MERKL
EMERGENCY ORDINANCE NO. 482
Series of 1981
TITLE: AN EMERGENCY ORDINANCE REPEALING AND REENACTING CHAPTER 3A,
AMUSEMENTS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE,
AND REPEALING ORDINANCES 469 and 470 OF THE CITY OF WHEAT
RIDGE, DECLARING AN EMERGENCY REQUIRING AN ADOPTION OF SAID
ORDINANCE, AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
WHEREAS, an emergency existed and exists within the City of Wheat
Ridge caused by the increase in requests for amusement licenses within
the City of Wheat Ridge, which emergency caused the City Council to
enact Ordinances 469 and 470 suspending the operation of Chapter 3A of
the Code of Laws of the City of Wheat Ridge, and establishing a
moratorium upon the issuance and renewal of amusement licenses;
WHEREAS, it is essential to the public health, safety and welfare
that the City regulate the location and operation of amusement arcades
and amusement centers, as well as the number and location of amusement
devices within the City by stringent licensing requirements and
enforcement of restrictions upon operation of said licenses;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE:
Section 1.
Ordinaces 469 and 470 of the City of Wheat Ridge, Series of 1981,
are hereby repealed in their entirety.
Section 2.
Chapter 3A, Amusements, of the Code of Laws of the City of Wheat
Ridge, is hereby repealed and reenacted as follows:
"Section 3A-1. Definitions.
Amusement Arcade shall mean a place or establishment where an
individual, association, partnership, or corporation maintains
more than ten amusement devices.
Amusement Center shall mean a place or establishment where an
individual, association, partnership, or corporation maintains
less than eleven amusement devices, either as a sole business or
in conjunction with some other business.
Amusement Devices shall mean any device which upon insertion of a
coin, slug, token, plate, or disc, or payment of a consideration
directly therein, may be used by the public as a game,
entertainment, amusement, a test of skill either mental or
physical, whether or not registering a score, and shall include,
but not be limited to, pool tables, snooker tables, foosball
tables, electronic games, coin-operated movies, and pinball
machines of every kind and description, 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.
Applicant shall mean any individual, association, partnership
or corporation requesting a license pursuant to this chapter.
Manager shall mean an individual who manages, directs, super-
vises, oversees, and administers the acts and transactions of the
agents or servants of any establishment governed by this chapter
or who, through his own actions, directs, oversees, and
administers the affairs of any such establishment.
Section 3A-2. License, payment of fees required.
(a) No amusement arcade or amusement center shall conduct
business within the City without a valid license.
PAGE TWO
(b) No amusement arcade or amusement center shall conduct
business within the City without first paying the fee
placed upon amusement devices imposed by Section 3A-7.
Section 3A-3. License--Application.
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 Section 3A-7 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;
(3) Evidence from the Department of Community Development of
the City that the location of the proposed amusement
arcade meets all of the zoning requirements of the City;
(4) Where applicant is a corporation, association,
partnership, or private club, the information required in
paragraph (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 ten percent 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
amusement arcade or amusement center; and
(7) The name, age, and prior felony convictions of any
proposed manager or managers of the establishment.
Section 3A-4. Same--Approval.
(a) Application of the license required by Section 3A-2 shall
be reviewed by the City Clerk. The City Clerk shall have
an investigation conducted by the police department
sufficient to verify all the information required by this
chapter. On completion of this investigation, the City
Clerk shall either approve 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) That the applicant is under the age of twenty-one years;
(2) That the applicant, manager, or either of them has made
false statements upon the application;
(3) That the applicant, manager, or either of them, has been
convicted of a felony within the last ten years;
(4) That the proposed amusement arcade or amusement center is
located within one thousand feet of the boundary of any
public or parochial school grounds. Said distance to be
computed by direct measurement from the nearest property
line of the land used for school purposes to the nearest
portion of the building in which the amusement arcade or
amusement center is located; using a route of direct
pedestrian access; or
(5) That any designated manager is under the age of twenty-one
years.
(6) That the proposed amusement arcade is located within one
thousand feet of any other amusement arcade. Said
distance to be computed by direct measurement from the
nearest property line of the land used for arcade purposes
to the nearest portion of the building in which the
amusement arcade is located; using a route of direct
pedestrian access.
(c) In the event that the City Clerk disapproves a license
application, 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 Clerks decision is
properly filed within twenty days of that decision.
PAGE THREE
Section 3A-5.
Same--Term.
All licenses granted pursuant to this chapter shall be for a term
of one year unless suspended or revoked pursuant to Section 3A-8
hereof. Said term shall commence on the date said license is
issued and terminate on the anniversary date of said license.
Section 3A-6. Same--Renewal.
Renewal of any of the licenses granted pursuant to this chapter
may be had by payment of the license fee along with a statement
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.
Failure to renew a license in a timely manner shall be grounds
for termination and revocation of said license, and shall be
grounds for failure to renew said license.
Section 3A-7. Same--Fees.
Fees for persons licensed under the provisions of this chapter
are as follows:
(1) Amusement Arcade, annual fee. Applicants or holders of an
amusement arcade license shall pay a yearly fee of
twenty-five dollars per amusement device maintained upon
the premises.
(2) Amusement Center, annual fee. Applicants or holders of an
amusement center license shall pay a yearly fee of
twenty-five dollars per amusement device maintained upon
the premises.
(3) Amusement Arcade, investigation fee. Applicants for an
amusement arcade license shall pay an investigation fee of
fifty dollars to cover the cost of investigation required
by this chapter.
(4) Additional devices aquired during license period. 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 days of said addition and tender
to the City Clerk at that time the fee of twenty-five
dollars 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 violation of this chapter and be
grounds for imposition of a fine or penalty as provided
and for revocation or suspension of the license granted
pursuant to this chapter.
The City Treasurer shall issue a receipt for the payment of these
fees.
Section 3A-8. Same--Suspension or revocation generally.
(a) The City Clerk shall, after administrative due process
hearing, either suspend or revoke any license granted
pursuant to this chapter upon a finding of any of the
following factors:
(1) That any of the amusement devices maintained upon the
premises are bing used for gambling purposes;
(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 employee thereof is
illegally offering for sale, or illegally 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;
PAGE FOUR
(4) That the holder of the license or an approved manager is
not upon the licensed premises at all times;
(5) That where not specifically authorized by law, malt,
vinous, or spirituous beverages are being consumed on the
premises with or without the consent of the owner by
patrons of the licensed establishment or where such
beverages are being consumed by patrons of the
establishment upon any parking areas, sidewalks, walkways,
access ways or grounds immediately adjacent to the
licensed premises;
(6) That amusement devices have been installed, and/or are
being operated, on the premises of any amusement arcade or
amusement center for which the fee required by Section
3A-2(b) hereof has not been paid, or for which application
has not been made pursuant to Section 3A-7(4) herof;
(7) That any amusement center or amusement arcade is being
maintained in such a way as to violate any building code,
zoning, or public health requirement imposed by city,
county or state ordinance, law or regulation, or any other
provision of city ordinance, or state or federal law.
(8) That any license required to be renewed has not been
renewed in a timely manner as prescribed in this Chapter
3A;
(9) That any provision of this Chapter 3A has been violated by
the owner or manager of the amusement arcade, amusement
center, or that either such owner or manager has knowingly
allowed the violation of any provision of this Chapter to
occur; and
(10) That the use of the amusement devices in the licensed
establishment occurs during the hours where such operation
is prohibited pursuant to Section 3A-11 hereof.
(b) Nothing in this chapter shall prohibit the City from
taking any other enforcement action provided for by this
Code or the laws of the state of the United States.
(c) Any decision of the City Clerk specified in this section
may be appealed by any aggrieved party to the City Council
by the filing of a written notice of appeal no later than
twenty days after the date of the City Clerk's decision.
Upon receipt of such a notice of appeal, the appeal shall
be placed on the City Council's agenda, and shall be heard
as a public hearing, which hearing shall be an advertised
due process hearing held pursuant to the City Council's
Public Hearing Rule 66. Any appeal from the City
Council's decision shall be to Jefferson County District
Court.
Section 3A-10. Gambling prohibited.
Nothing in this chapter shall be construed to permit any unlawful
gambling or wagering within the City.
Section 3A-11. Hours of operation.
No amusement arcade licensed pursuant to this chapter shall allow
operation of any amusement device between the hours of 12:01 a.m.
and 8:00 a.m.
Section 3A-12. Enforcement of revocation, suspension, or
non-renwal orders.
Any amusement arcade or amusement center for which a permit is
denied, not renewed, suspended or revoked shall terminate
operation of each amusement device located therein immediately.
In the event any decision revoking, suspending, denying or not
renewing any required license is made, the owner, applicant or
manager of the facility, amusement center or amusement arcade
shall be entitled to appeal such decision as provided in this
chapter. For so long as said appeal is pending before the City
Council or any court of the State of Colorado, the amusement
arcade or amusement center shall be entitled to continue to
PAGE FIVE
continue to operate all amusement devices identified pursuant to
Section 3A-7(4) herof, provided that a bond in the amount of $100
per amusement device is posted with the City Clerk. Any
amusement device being operated in violation of any decision or
order of the City Clerk, City Council or any Court of competent
jurisdicion shall be deemed a public nuisance, and shall be
subject to enforcement by injunction.
Section 3A-13. Penalty.
Any individual, association, partnership, corporation or any
other entity violating any provisions hereof shall be guilty of a
misdemeanor, and upon conviction of such violation shall be
subject to a fine of not less than $50 nor more than $300, which
fine may not be suspended in whole or in any part, or
imprisonment not to exceed ninety days, or both such fine and
imprisonment. Nothing contained in this section 3A-13, however,
shall impair the ability of the Cty of Wheat Ridge to enforce
this ordinance as provided in Section 3A-12 herof."
Section 3. Severability. If any clause, sentence, paragraph, or
part of this Ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances.
Section 4. Safety Clause. The City Council hereby finds,
determines and declares that this is an Emergency Ordinance,
promulgated pursuant to Section 5.13 of the Home Rule Charter of
the City of Wheat Ridge and is necessary for the immediate
preservation of the public property, health, peace, safety and
welfare. The City Council further determines that this Ordinance
bears a rational relation to the proper legislative object sought
to be attained.
Section 5. This Ordinance shall take effect immediately.
INTRODUCED, READ AND ADOPTED on first and only reading by a vote of 8
to 0 on this 21st day of December, 1981; ordered published in full in
a newspaper of general circulation in the City of Wheat Ridge.
SIGNED by the Mayor on this 24th day of December, 1981.
Frank Stites, Mayor
ATTEST:
i
Carol F. Hampf, City e
1st Publication: December 31, 1981
Effective Date: December 22, 1981
APPROVED AS TO FORM
BY THE OFFICE OF CITY ATTORNEY:
John E. Hayes, City Attorney.
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