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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 - 2 - 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. - 3 - 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 - 4 - 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 - 5 -