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AMUSEMENT ARCADES
Sections:
5.46.010 Definitions.
5.46.020 Licensing authority established.
5.46.030 License required.
5.46.040 License application-Contents.
5.46.050 Approval of license.
5.46.060 Public notice.
5.46.070 Public hearing.
5.46.080 Term of the license.
5.46.090 License renewal.
5.46.100 Fees.
5.46.110 Suspension or revocation of license.
5.46.120 Display of license.
5.46.123 Change of corporate structure.
5.46.125 Transfer of license.
5.46.130 Management.
5.46.140 Hours of operation.
5.46.150 Location.
5.46.160 Lighting.
5.46.170 Gambling prohibited.
5.46.180 Violation-Penalty.
5.46.210 Exceptions generally.
5.46.215 Effective date.
5.46.010 Definitions.
As used in this chapter:
"Amusement arcade" means a place of business where an individual,
association, partnership, corporation or limited liability company maintains
more than 14 amusement devices.
"Amusement device" means any device which, upon insertion of a coin,
slug, token, plate or disc, or payment of a consideration, 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, billiard tables, darts, bowling lanes, or fixed-stand coin-operated kiddie
rides.
"Applicant" means any individual, association, partnership, corporation
or limited liability company requesting a license pursuant to this chapter.
"Billiard table" means any gaming table whether used for games of
pool, pocket pool, billiards, snooker, or other similar games.
"Darts" means any gaming device where an individual throws a projectile
at a target registering a score, whether electronic or otherwise.
"Manager" means an individual who manages, directs, supervises, 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. (Ord. O-2006-28 §
1, 2006; Ord. O-95-16 §§ 1 - 3, 1995; Ord. O-81-104 (part), 1981).
5.46.020 Licensing authority established.
A. There is established an Arcade Licensing Board, which shall have and is vested with the authority to grant or deny licenses for amusement arcades based upon the criteria set forth herein to conduct investigations, and to suspend or revoke such licenses for cause in the manner provided by this code.
B. Hereinafter, the Arcade Licensing Board shall be the Lakewood Liquor and Fermented Malt Beverage Licensing Authority.
C. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the board, upon receipt of all fees as are required by this chapter. All public notices required by this chapter shall be accomplished by the City Clerk.
D. Any decision of the Arcade Licensing Board shall be final and any appeal therefrom shall be to the Jefferson County District Court. (Ord. O-2008-10 § 3, 2008; Ord. O-2006-28 § 1, 2006; Ord. O-95-16 § 4, 1995; Ord. O-93-64 §§ 36, 37, 1993; Ord. O-89-64 §§ 2, 3, 4, 1989; Ord. O-83-101 § 1, 1983; Ord. O-81-104 (part), 1981).
5.46.030 License required.
A. No amusement arcade shall conduct business without first having obtained
an amusement arcade license. (Ord. O-2006-28 § 1, 2006; Ord. O-81-104 (part),
1981).
5.46.040 License application-Contents.
The application for an amusement arcade license shall be made to the City Clerk,
shall be accompanied by the fees required in this chapter along with the following
completed documentation:
A. Background investigation form: where applicant is a corporation, association,
or partnership, the information required shall be furnished as to each member
of the association, the manager of the limited liability company, or each officer
of the corporation, and members of the Board of directors of the corporation,
the manager, and holders of ten percent or more of the stock of any class of
the corporation or limited liability company, and such application shall include
at least the name and address of the arcade, the names and addresses of the
applicant, age, date and place of birth, all prior convictions of the applicant
and any of the persons listed as members, officers, directors, shareholders,
or manager of a corporation, limited liability company, association, or partnership;
and the on site manager of the amusement arcade.
B. Copy of lease or proof of ownership;
C. Verification from the division of code enforcement of the City that the location
of the proposed establishment meets the requirements of the zoning ordinance;
D. Affidavit that the premises are not located within fifteen hundred feet of
any school within the city;
E. Affidavit that the premises are not located within 200 feet of any existing
amusement arcade;
F. If any petitions signed by parties of interest which demonstrate the needs
of the neighborhood and reasonable requirements of the neighborhood regarding
issuance of the license are to be made available at the public hearing before
the Licensing Authority, such petitions shall be submitted to the City Clerk
fifteen days prior to the public hearing on the application. "Neighborhood"
is defined as the property located within one square mile of the applicant premises.
Parties of interest must be at least 18 years of age and are defined as residents
of the neighborhoods, owners or managers of a business in the neighborhood,
the principal or representative of any school, and the representative of an
organized neighborhood group which encompasses part or all of the neighborhood
under consideration.
G. Diagram of the premises to be licensed; and
H. Any additional information requested by the City Clerk.
I. The application and background investigation forms shall be furnished by
the City Clerk and shall be completed in every detail by the applicant to be
accepted by the City Clerk for filing.
J. City Clerk shall have the authority to waive certain application requirements
if documents are current and on file in the City Clerk's Office. (Ord. O-2006-28
§ 1, 2006; Ord. O-95-16 § 5, 1995; Ord. O-93-64 § 38, 1993: Ord.
O-81-104 (part), 1981).
5.46.050 Approval of license.
A. Application for a new license required by Section 5.46.030 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 Section
5.46.040. Upon completion of this investigation, the City Clerk shall set a
date for public hearing on the application, which date shall not be more than
thirty days from the date of receipt of the results of the investigation by
the City Clerk.
B. The Arcade Licensing Board may deny any license for an amusement arcade if
it finds:
1. An applicant, the manager, or any director, officer or principal of the applicant
is not of good moral character;
2. Applicant has not shown that the neighborhood needs or desires such a facility;
and
3. A determination that the license would be detrimental to the public safety,
health and welfare due to the location of the arcade, the noise emanating therefrom,
or the proximity of said location to schools, churches or other places where
the public may congregate;
4. The applicant is under the age of twenty-one years; or
5. The application contains false information; or
6. The applicant, manager, or any holder(s) of ten percent or more of the stock
of any class, director, officer or principal of the applicant has had a license
for such business revoked or suspended within three years prior to the application
or has been determined to be a nuisance within three years prior to the application,
or has been the holder(s) of ten percent or more of the stock of any class,
director, officer or principal of an entity having had a license for such business
revoked or suspended within three years prior to the application, or which has
been determined to be a nuisance within three years prior to the application.
C. In the event that the board denies a license it shall make written findings
of fact stating the reasons for the denial and notify the applicant within ten
days of its determination. (Ord. O-2006-28 § 1, 2006; Ord. O-95-16 §
6, 1995; Ord. O-93-64 § 39, 1993: Ord. O-81-104 (part), 1981).
5.46.060 Public notice.
A. The City Clerk shall give notice of a public hearing to be held for the purpose
of granting or denying an arcade license or the suspension or revocation of
such a license.
B. Not less than ten days prior to the public hearing hereinafter required,
the City Clerk shall cause to be posted and published a public notice of the
hearing to be held as provided by Section 5.46.050 of this code. (Ord. O-2006-28
§ 1, 2006; Ord. O-93-64 § 40, 1993: Ord. O-81-104 (part), 1981).
5.46.070 Public hearing.
A. The board shall establish procedures for all of its public hearings in conformity
with the laws of the state and ordinances and resolutions of the city.
B. The following persons shall be in attendance at the public hearing on the
application:
1. If the applicant is an individual, that individual; or
2. If the applicant is a partnership, any general partner; or
3. If the applicant is a corporation or limited liability company, the president,
manager of the limited liability company, and other officers, or a representative
of the corporation.
C. The board shall have the power to administer oaths and issue subpoenas to
require the presence of persons and the production of papers, books and records
necessary to the determination of any hearing which the board is authorized
to conduct. It is unlawful for any person to fail to comply with any subpoena
issued by the board in the proper conduct of its hearings. The Municipal Court
of the city shall enforce the subpoenas of the board and upon good cause shown
shall enter its orders compelling witnesses to attend and testify or produce
books, records or other evidence, and shall impose penalties of punishment for
contempt in case of failure to comply with such orders.
D. A subpoena shall be served in the same manner as a subpoena issued by the
district court of the state. Upon failure of any witness to comply with such
subpoena, the City Attorney shall, at the direction of the board:
1. Petition any Judge of the Municipal Court of the city, setting forth that
due notice has been given of the time and place of attendance of the witness
and the service of the subpoena, that the court, after hearing evidence in support
of or contrary to the petition, enter its order compelling the witness to attend
and testify or produce books, records, or other evidence, under penalty of punishment
for contempt in case of willful failure to comply with such order of court;
or
2. Petition the District Court in and for the county, setting forth that due
notice has been given of the time and place of attendance of the witness and
the service of the subpoena, that the court, after hearing evidence in support
of or contrary to the petition, enter its order as in other civil actions, compelling
the witness to attend and testify or produce books, records or other evidence,
under penalty of punishment for contempt in case of willful failure to comply
with such order of court. (Ord. O-2006-28 § 1, 2006; Ord. O-95-16 §
7, 1995; Ord. O-81-104 (part), 1981).
5.46.080 Term of the license.
All licenses granted pursuant to this chapter shall be for a term of oneyear
from the date of issuance of the license. (Ord. O-2006-28 § 1, 2006; Ord.
O-81-104 (part), 1981).
5.46.090 License renewal.
Renewal of any of the licenses granted pursuant to this chapter may be had by
payment of the licensing fee along with a statement that the information listed
on the original license application is still true and correct to the applicant's
knowledge, 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. (Ord. O-2006-28 § 1, 2006; Ord. O-81-104 (part), 1981).
5.46.100 Fees.
A. Applicants for an amusement arcade license shall pay license and related
fees as set forth by resolution. (Ord. O-2006-28 § 1, 2006; Ord. O-95-16
§ 8, 1995; Ord. O-93-64 § 41, 1993: Ord. O-82-157 § 2, 1982;
Ord. O-81-104 (part), 1981).
5.46.110 Suspension or revocation of license.
A. The Arcade Licensing Board may 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, access ways or
grounds within five hundred feet of the licensed establishment involving patrons,
employees or the holder of the license of the establishment;
3. That the holder of the license or any employees or patrons thereof are 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 or the adjacent neighborhood (defined as any
area within a radius of five hundred feet of the licensed premises), narcotics
or dangerous drugs or malt, vinous or spirituous beverages;
4. That the holder of the license, an approved manager or assistant manager
is not upon the licensed premises at all times when the establishment is open
for business;
5. That the hours of business of the licensed establishment are outside of those
set forth in Section 5.46.140;
6. That a person under the age of twenty-one years is being used as a manager
of the licensed establishment.
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.
(Ord. O-2006-28 § 1, 2006; Ord. O-95-16 §§ 9, 10, 1995; Ord.
O-93-64 §§ 42, 43, 1993; Ord. O-92-3 § 1, 1991; Ord. O-81-104
(part), 1981).
5.46.120 Display of license.
The holder of any amusement arcade license issued pursuant to the terms of this
chapter shall prominently display the same upon the premises for which the license
is issued. (Ord. O-2006-28 § 1, 2006; Ord. O-95-16 § 11, 1995: Ord.
O-93-64 § 44, 1993: Ord. O-81-104 (part), 1981).
5.46.123 Change of corporate structure.
Any change in the partners of a partnership or manager of a limited liability
company or its officers, directors, or holders of ten percent or more of the
stock of a corporation or holders of ten percent or more interest in a limited
liability company licensee holding an amusement arcade license shall result
in termination of the license of the partnership, limited liability company,
or corporation, unless such licensee within thirty days of any such change,
files a written notice of such change with the City Clerk and pays a nonrefundable
fee. Any such change shall be reported on forms provided by the City Clerk and
shall require the names of all new partners, officers, directors, and all holders
of ten percent or more of the corporate stock or holders of ten percent or more
interest in a limited liability company who were not previously holders of ten
percent or more or such amount of stock, all of whom shall be required to furnish,
together with such notice, all of the information required from such persons
in connection with an original application and each person shall be investigated
by the Lakewood Police Department. Grounds for denial of any change of corporate
or limited liability company structure, partnerships, and termination of the
license thereon, shall be the same as for denial of the license under Section
5.46.050. (Ord. O-2006-28 § 1, 2006).
5.46.125 Transfer of license.
Any amusement arcade license 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 an amusement arcade
license is issued pursuant to the terms of this chapter, an amusement arcade
license may be transferred to the new owner of the business; provided, however,
the application for the transfer stating the same information as required by
Section 5.46.040 is first presented to the City Clerk. Said application shall
be accompanied by the license fee and an investigation fee in an amount to be
determined by the City Clerk, as required by Section 5.46.100. Approval of such
transfer shall be by the City Clerk. (Ord. O-2006-28 § 1, 2006; Ord. O-95-16
§ 12, 1995).
5.46.130 Management.
A. Where any licensee changes or causes to be changed the manager of his establishment,
and such person has not previously been approved as a manager by the City Clerk,
he shall be reported by the holder of the license and shall present himself
to the office of the City Clerk for a background investigation within thirty
days of such change.
B. No person under the age of twenty-one years shall serve in the capacity of
manager of any establishment licensed pursuant to the provisions of this chapter.
(Ord. O-2006-28 § 1, 2006; Ord. O-93-64 §§ 45, 46, 1993; Ord.
O-81-104 (part), 1981).
5.46.140 Hours of operation.
Any amusement arcade licensed pursuant to the provisions of this chapter and
also possessing a valid license as issued by the City of Lakewood Liquor and
Fermented Malt Beverage Authority shall not be open for business between the
hours of two a.m. and seven a.m. Any amusement arcade licensed pursuant to the
provisions of this chapter and not possessing a valid liquor license as issued
by the City of Lakewood Liquor and Fermented Malt Beverage Authority shall not
be open for business between the hours of twelve a.m. and seven a.m. (Ord. O-2006-28
§ 1, 2006; Ord. O-95-16 § 13, 1995: Ord. O-93-64 § 47, 1993:
Ord. O-92-3 § 2, 1991: Ord. O-81-104 (part), 1981).
5.46.150 Location.
A. Amusement arcades shall only be permitted to locate in areas designated in
4-C or 5-C zone districts, as permitted by the Lakewood zoning ordinance, or
located within an "urban center" as defined and designated in the
comprehensive plan of the City of Lakewood.
B. No amusement arcade license for a proposed arcade shall be issued where said
proposed arcade is located within two hundred feet of an existing arcade.
C. No amusement arcade license shall be issued where the proposed arcade is
located within fifteen hundred feet of any school within the city.
D. The distances referred to in subsections (B) and (C) of this section are
to be computed by direct measurement from the nearest property line of any land
used for school purposes or upon which is located a licensed arcade to the nearest
portion of the building in which the proposed arcade is to be located using
a route of direct pedestrian access, measured as a person would walk safely
and properly, without trespassing, with right angles at crossings and with the
observance of traffic regulations and lights.
E. The holder of an amusement arcade license may expand or modify his premises
upon obtaining the approval of the Arcade Licensing Board. The Board may hold
a public hearing for a major modification at which time the approval or denial
of such expansion of modification shall be considered. A minor modification
shall be approved or denied administratively. In the event a public hearing
is held to consider such expansion or modification, the property shall be posted,
and notice shall be given, in accordance with Section 5.46.060 of this code.
In making its decision with respect to any proposed changes, alterations or
modifications, the licensing authority must consider whether the premises, as
changed, altered or modified, will meet all of the pertinent requirements of
the arcade ordinance. Factors to be taken into account by the licensing authority
may include, by way of illustration but not of limitation, the following:
1. The reasonable requirements of the neighborhood and the desire of the inhabitants;
2. The possession, by the licensee, of the changed premises by ownership, lease,
rental or other arrangement;
3. Compliance with the applicable zoning laws of the city;
4. Compliance with the distance prohibition in regard to any public or parochial
school or the principal campus of any college, university, or seminary.
F. A minor modification shall be defined as a modification that results in a
change of less than twenty percent of the licensed premises. (Ord. O-2006-28
§ 1, 2006; Ord. O-95-16 §§ 14, 15, 1995; Ord. O-93-64 §§
48, 49, 1993: Ord. O-92-3 § 3, 1991; Ord. O-81-104 (part), 1981).
5.46.160 Lighting.
The interior of amusement arcades shall be brightly illuminated at all times
so that all patrons are easily recognizable and all activities within the arcade
are easily identifiable. (Ord. O-2006-28 § 1, 2006; Ord. O-93-64 §
50, 1993: Ord. O-81-104 (part), 1981).
5.46.170 Gambling prohibited.
Nothing in this chapter shall be construed to permit any unlawful gambling or
wagering within the city. (Ord. O-2006-28 § 1, 2006; Ord. O-93-64 §
51, 1993: Ord. O-81-104 (part), 1981).
5.46.180 Violation-Penalty.
Any individual or entity which is convicted of a violation of any provision
of this chapter shall be subject to the penalties set forth in Subsection 1.16.020A.
(Ord. O-2006-28 § 1, 2006; Ord. O-96-44 § 11, 1996; Ord. O-95-16 §
16, 1995: Ord. O-84-87 § 3, 1984: Ord. O-81-104 (part), 1981).
5.46.210 Exceptions generally.
The provisions of this chapter do not apply to any place of business where an
amusement device is maintained which exhibits or displays a picture or view
by film, video, or a live exhibition meeting the definition of "adult entertainment"
under Section 5.47.030, is governed by the provisions of Chapter 5.47 regulating
licenses for adult businesses. (Ord. O-2006-28 § 1, 2006; Ord. O-95-16
§ 17, 1995: Ord. O-93-15 § 2, 1993).
5.46.215 Effective date.
The provisions of this ordinance shall become effective January 1, 2007. (Ord.
O-2006-28 § 1, 2006).
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