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HomeMy WebLinkAboutOrdinance-1982-0484INTRODUCED BY COUNCILMEMBER MERKL- ORDINANCE NO.484 Series of 1982 TITLE: AN ORDINANCE REPEALING ORDINANCE NO. 4827 SERIES OF 1981, REPEALING AND REENACTING CHAPTER 3A, AMUSEMENTS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, PROVIDING DEFINITIONS, STANDARDS FOR ISSUANCE OF LICENSES, STANDARDS FOR SUSPENSION OR REVOCATION OF LICENSES RELATING TO AMUSEMENT CENTERS AND AMUSEMENT ARCADES, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: WHEREAS, an increase in the number of locations being utilized as amusement arcades and amusement centers, as herein defined, within the City of Wheat Ridge has made it essential to the public health, safety and welfare that the City regulate the location and operation of such amusement arcades and amusement centers, as well as the number and location of amusement devices within the City by stringent licensing requirements in enforcement of restrictions upon operation of said licenses; WHEREAS, in the exercise of the police power of the City of Wheat Ridge, it is deemed necessary by the City Council of the City of Wheat Ridge to enact standards for the operation, licensing and suspension or revocation of the licenses of such facilities. NO4, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Ordinace 482 of the City of Wheat Ridge, Series of 1981, is hereby repealed in its entirety.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 Chapter 3A, Amusements, of the Code of Laws of the City of Wheat Ridge, is hereby repealed and reenacted as follows: "Section 3A-1.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 four or more, but less than eleven amusement devices, either as a sole business or in conjunction with some other business. Establishment Maintaining Amusement Devices shall mean a place or establishment where an individual, association, partnership, or corporation maintains three or less amusement devices. 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. Page -2- 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. (b) 140 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,address, age, date and place of birth, and prior felony convictions, if any, of the applicant(s) and manager(s) of the establishment; (3) Evidence from the Department of Community Development of the City that the location of the proposed amusement arcade or center is within a C-1, C-2, R-C, RC-1, or PCD District and 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 ;nembers of the board of directors of the corporation and the holders of ten percent or more of the corporate stock of any class; (5) The distance from any other amusement arcade or public sccool (if an amusement arcade) or the distance from any public school, if an amusement center; (6) The number of amusement devices to be maintained at the amusement arcade or amusement center. 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 is located within one thousand feet or that the proposed amusement center is located within five hundred feet of the boundary of any public or parochial school grounds. Said distance to be coaputed 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 Page -3- (5) That any designated manager is under the age of eighteen years, except that at any amusement center or establishment maintaining amusement devices which does not sell alcohol, beer, or wine, or bonVs, or rnagazinps,the manager may be sixteen years of age or older. (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 Clerk's decision is properly filed within twenty days of that decision. 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-3 hereof. Said terra 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. Any renewal during calendar year 1982 shall require the applicant to provide the information required in Section 3A-3 hereof. Failure to provide said information shall be grounds for termination and revocation of any license issued. Section 3A-7. Same--Fees. Fees for persons licensed under the provisions of this chapter are as follows: (1) Arusement Arcade, annual fee. Applicants or holders of an amusernent 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) Establishment maintaining amusement devices, annual fee. Any person owning or operating an establishment maintaining amusement devices, as defined in Section 3A-1 hereof, shall pay a yearly fee of $25 per amusement device maintained upon the premises, and shall be issued, upon such payment, a certificate of payment by the City Clerk indicating the number of approved devices maintained upon the premises. An establishment maintaining amusement devices, as herein defined, shall not be subject to the provisions of Sections 3A-2, 3A-3, 3A-4, or 3A-10 hereof, but shall be subject to all other provisions of this Chapter 34. (4) 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. Page -4- Additional devices acquired 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 tnese fees. Section 3A-3. Same--Suspension or revocation generall (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 being 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; (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. Page -5- (a) 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 or 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. Any appeal from the City Council's decision shall be to Jefferson County District Court. Section 3A-9. Display; transfer; revocation or nonrenewal for inactive locations. (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 chapter 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 chapter, a license may be transferred to the new owner of the business; provided, however, that the application therefor stating the same information as required by section 3A-3 is first presented to the City Clerk for approval or disapproval, as provided in Sections 3A-3 and 3A-4, accompanied by the proper license fee and a fifty-dollar investigation fee as required by Section 3A-7. 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 chapter. (c) The City Clerk shall revoke or not renew, as the case may be, any amusement license provided for by this chapter if the clerk determines, pursuant to adequate investigation, that the licensed location has been inactive for at least sixty days. The City Clerk shall issue findings 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 chapter may be reviewed by the City Council if an appeal of said revocation or suspension is filed within ten days after notification of said suspension or revocation. Section 3A-10. Gambling prohibited. !Nothing in this chapter shall be construed to permit any unlawful gambling or wagering within the City. Page -6- 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. An exemption to the hours of operation may be allowed after a hearing before City Council. Section 3A-12. Enforcement of revocation, suspension, or non-renewal orders. Any a:nusement 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 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 jurisdiction 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 City of Wheat Ridge to enforce this ordinance as provided in Section 3A-12 hereof." 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 Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 , on this 25th day of January , 1982; ordered published in full -in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 8 , 1982, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Page -7- READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7- to 1 , this 8th , day of February , 1982. SIGNED by the '%12yor on this 11th day of February 7 1982. .ter- -{C-X41.1~~.~~ Frank Stites, Mayor ATTEST: c\ <<l<<a mac' Carol F. Hampf, Cit , Clerk 1st Publication: January 28, 1982 2nd Publication: February 18, 1982 Effective Date: March 5, 1982 APPROVED AS TO FORM BY THE OFFICE G CITY ATTORNEY: John E.-Hayes, City A~itorney.