Loading...
HomeMy WebLinkAboutOrd 0616 CITY OF MISSION ORDINANCE NO. 616 AN ORDINANCE PROVIDING FOR THE REGULATION, SUPER- VISION, CONTROLLING, AND LICENSING OF OWNERS, OPERATORS AND DISTRIBUTORS OF AUTOMATIC AMUSEMENT DEVICES: PROVIDING PENALTIES FOR THE VIOLATION THEREOF: AND AMENDING THE CITY CODE BY ADDING ARTICLE X TO CHAPTER 12. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS THAT: Section 1. Article X is hereby added to Chapter 12 of the Code of the City of Mission, Kansas, as follows: 12 -1001. Purpose. The purpose of this Ordinance is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. 12 -1002. Definitions: As used in this Article, the words and phrases defined in this Section shall have the following meaning unless the context otherwise requires: a. Automatic Amusement Device. Amusement devices shall include any amusement or mechanical device operated by means of insertion of a coin, token or similar object so that such amusement machine or mechanical device becomes operative and subject to control and mani- pulation by the person using the machine. Such machines shall include, but not be limited to, pinball machines, video games, pool tables, foosball tables, air hockey tables, pong games. Automatic amusement devices shall not include coin operated riding machines and juke boxes which are not subject to control and manipulation by the person using the machine. b. Person. Any person, firm, corporation, partnership, or association. c. Operator. Any person in possession of the premises on which any automatic amusement device is placed or kept for operation. d. Distributor. Distributor should be anyone other than operator who owns, controls, manages or has possession of amusement devices. 12 -1003. Permits, Licenses Required. No person shall be the operator of an automatic amusement device located within the City of Mission without first obtaining a permit from said City. The application for the license shall be made upon the form prescribed by the City and shall be filed with the City Clerk. The application for an operator's permit shall contain; r ill a. Name and address of the applicant. b. Name and address of the distributor of each automatic amusement device to be kept on the premises. c. Name under which the business is being operated and the address of same. d. Number and type of machines to be located on the premises. e. List of each automatic amusement device including for each, the type and serial number. An operator's license granted pursuant to this Ordinance shall be posted in a conspicuous place of the location for which said license was granted. An inventory list containing the type and serial number for each and every automatic amusement device for which said license was issued shall be on the premises. The number of automatic amusement devices requested on the application shall be noted on the license. Any operator who desires a permit for three (3) or more automatic amusement devices shall be required to comply with all the provisions of a special use permit as set forth in Section 18.36.010 of the Code li of the City of Mission. Any person owning or operating a business lawfully in existence upon the effective date of this Article shall not be required to be in compliance with the provisions of Section 18.36.010 of the Code of the City of Mission, provided that such person within thirty (30) days after said effective date submits, on a form prescribed by the City, a record of information on such existing business, provided further that any business in existence on the effective date of this Article increasing the number of machines on the premises shall come under the provisions of Section 18.36.010 of the Code of the City of Mission. 12 -1004. Fees, License Term, Transferability, Renewal. All applications for licenses shall be for a calendar year or so much thereof as remains and all applications for a renewal license shall be made on or before December 1st preceding the calendar year for which the renewal license is sought. Each application for an operator's license shall be accompanied by a fee of $50.00 for each and every Automatic amusement device. The initial application and the requisite fee thereupon shall be prorated on a semi annual basis. Persons applying on or before July of each year will pay full tax and persons applying subsequent to July 1st of each year will pay one -half of the annual tax. There [PM shall be no refund in any case where the licensee quits business prior to the end of a calendar year or when the license is revoked for any reason. No license issued under this Article shall be transferable to another person. A license issued under this ordinance may be transferred from one machine or device to another similar machine or device upon app lication to the City of Mission to such effect and giving the description and serial number of the new machine or device. 12 -1005. Verification and Inspection. The Director of Public Works or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. 12 -1006. Revocation of License. The Governing Body of the City may revoke or suspend such license after having given the licensee notice and an opportunity to be heard on why said license should not be suspended or revoked. The notice shall be given at least ten (10) days in advance of the hearing by certified mail to the applicant at his residence address listed on the application. Said notice shall advise the interested parties of the time and place of the public hearing and of the reasons why suspension or revocation is being considered. 12 -1007. Reasons for Revocation or Suspension. The Governing Body may after notice and hearing as above provided revoke or suspend such license for any of the following reasons: a. Gambling on the premises. b. False or incorrect material on the application or information furnished by the applicant. c. If the presence of the machines results in gambling, obscene and loud language distrubing to the public or to other patrons on the premises, creating a nuisance, excessive noise, litter, traffic or rowdyism by the patrons. 12 -1008. Violations and Penalties. Any person who violates any provision of this Ordinance shall, upon conviction thereof, be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or both. Each day that a violation occurs or is committed shall constitute a separate offense. Section 2. Take Effect. This Ordinance shall take effect and be in full force from and after its publication in the official City newspaper. PASSED by the Governing Body this 9th day of June 1982. APPROVED AND SIGNED by the Mayor this 9th day of June 1982. AO' M 1 Attest: t City Clerk -id, di/ I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said ordinance was passed on the 9th day of June, 1982; that the record of the final vote on its passage is found in June 9, Journal 1982; that it was published in the Johnson County Sun on June 18, 1982. Suzanne G. Gibbs, City Clerk Conditions for Issuing Special Use Permit for Arcades Before issuing a Special Use permit for an arcade or business that would employ automatic amusement devices, certain additional conditions should be considered. They are as follows: 1. No owner, operator, employee should be or have been convicted of a felony or morals charge. 2. No intoxicated people on premises; no liquor sold on premise. 3. No gambling on premises. 4. Strict control of littering. 5. Adequate restroom facilities provided. 6. No private rooms, or closed booths or enclosures. 7. Open to public and law enforcement officers during business hours. 8. No one under 12 unless accompanied by person over 16. 9. Compliance with sanitary and health regulations. 10. Provisions for bike racks. 11. Adequate lighting in parking areas. 12. Adequate parking 1 car per each 2 occupants in accordance with occupancy requirements of building and codes. 13. Zoned for business use (C -1 or C -2). 14. Applicant or operator should be a Johnson County resident. 15. Limit proximity to 300 feet residential and school property. 16. Noise limits of 50db at any residential property line. 17. Before granting Special Use all property owners and tennants with 500 feet be notified. 18. No loitering. 19. Federal Occupation Tax for permit to use gaming device under Federal Internal Revenue Code (section 4461) of $250 would prohibit permit issuance in City. 20. Hours of operation open no earlier than 10:00 a.m., closed no later than midnight. 21. No corporation ownership or corporation as operator. 22. Limit occupant load to Fire Code limits. 23. Provide security as per recommendation of Police. 24. No machines which are designed or used for gambling purposes.