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HomeMy WebLinkAbout#224 Amusement Devices & Amusement Arcades STATE QF MINNESOTA COUNTY OC RAMSEY CITY OF ARDEN HILLS OADINANCE N0. 224 W' 1 AN ORDINANCE AMENDING THE ARDEN HILLS COpE BY • CREATING A NI:W DTVISION 1 IN ARTICLE I OF CHAPTER 4 THEREOF ENTITLED "DRIVING RANGES", RE-ENTITLING SECTIONS 4-1 THROUGH 4-3 THEREOF, AND DELETING SECTxON 4-4 THEREOF; ADDING TO ARTICLE I OF CHAPTER 4 OF TNE CODE A NEW DIVISION 2 ENTITLED "COIN- OPERATED AMUSEMENT DEVICES"f AI)pING TO ARTICLE I OF CNAPTER ` Ok` THE CODE A NEW DIVISIQN 3 ENTITLED "AMUSEMENT ARCADE6"; AMENDING SECTION 13-13 AND 13-14 OF THE CODEt ADDING A NEW S1185ECTI0N lx'r) TO 9EC'1'ION 13-24 OP THE COpE; ANp pROVIOTNG PENALTIES FOR 'X'HE VIOLATION THEREOF ,....w_... r. . ~ , The City Council of ths City of Ardan Hills hereby ordaina: Section 1. Amenclment to Article I of Cha ter 4 of the Arden H a Co e Ad n a New 0 v s on 1 Thereto Ent t e Dr v ng_ Ran9es . Art c e o Capter o t e Ar en H s o e Is hereby amended by adding, fmmediately after the title thereof--i.e., "ARTICLE I. IN GENERAL"--the followings "DIVISION 1. ORIVING RANGES". Section 2. Amendments to SecCions 4-1 Throu h 4-3 cf -the Arden H 1 s Code-by C an n t e Ca tions T ereo . Sect one'-4-=T t roug - o t e Ar en H a Co e are ere y recaptioned to read as followe: "Sec. 4-1. Proximit of drivin tees to buildin s rect on o teea. 'Sec. 4-2, Illumination." _ 'Sec. 4-3. Houra operation Prohibited." Section 3. Re eal of Section 4-4 of Arden Hille Code. . Section 4- a t e Ar en N s Co e, w c re ates to mec an cal muaical machines, ie hereby zepealed. Section 4. Amendment to Article I of Cha ter 4 of the -by Axden H e u e n a New D v e on T ereto Ent t e Co n-O erate Amueement Devi ces . Art c e I o C apter o t e Ar en fl s Ca N s ere y amended by adding thereto a new Division 2 which is entitled and reads as followa: "DIVISION 2. COIN-OPER11TE0 AMUSEMENT DEVICES. Sec. 4-4. Definition of coin-operated amusement device. The term 'coin-operated amusement device' or 'device' as uaed herein means a mechanical amuse- ment device of any of the followinq types: (a) A machine or contrivance, including a pinball machine; a mechanical miniature pool table, bowling machine, shuffle board, electric rifla or gun range; a miniature and mechanical device and game or other amusement patterned after baseball, basketball, hockey and similar gamea; a video or computerized game= or a game whlch may be played solely for amusement and not ae a gambling device-- ' which machine or contrivance 1s played by • the insertion of a coiri, alug or other ' token, or at a fee fixed and charged by the establishment in which euch machine or contrivance ie located and which contains no automatic payoff featuree for the , . return of money, coins, merchandise, checks, tokens or any other thing or item of value; pxovided, however, that such machine or contrivance may be equipped to penait a free play or qamel or (b) An amugement device designed for and used • excluaively ae a ride by children such as, but not limited to, a kiddie car, minia- ture airplane ride, mechanlcal horge, or other miniature mechaaical device, not operated ae part of or in connectfon with • any carnival, circue, show, or other entextainment or exhibition. •Sec. 9-5. License requirsd. No parson shall kesp, operate, maintain or pextnit to be operated or maintained upon premiges within hie direct or indirect control any coin- • operated amusement device without having firat ' procured a cofn-operated amueement device licenBe. Sec. 4-6. Required information in application. The application for a coin-operated amusement device 1icense shall include not only the informa- tion required by Section 13-4 0f the Arden Hills Code but also the following additional information: (a) The name and address of all persons owning ' or having an interest in the business which kdepa, operates, or maintains the cain-operated amuaement devicee reguiring a licenae purauant to Section 4-5 hereof and, in the case of a corporation, the namea and eddressea of the officere and directore of the corporation and all shareholders who have a beneficial interest in five percent (5%) or more of the isaued sharea of the corporation"$ stock; .(b) Whether any of the persons whose names appear on the application have ever been engaged in the busineas of operating coin-operAted amusement devices anywhere during the laet five (5) years and, if ao, wherej - 2 - (a) Whether any of the persone whoea nemee ' appear on the appliaation have been convioted of, a crime or have had an applicaticn for a coin-operated amueement device license denied, revoked or suspended within the last five (5) years and, if so, the date and place of tbe conviction or denial, revocation or suapension and a statement of the crime or the reason for such denial, revocatiun or suspension; and (d) A statement that the applicant, or all principal officers, directore and share- holders af a corporate applicant, and managere of the licensed activity, if requested by the Clerk-Administrator, will permit a record of his/their fingerprints to be made by the Police Department for the purpose of addltional investigation to determine whether or not the application ehould be issued or the license denisd, suepended cx revoked. Sec. 4-7. License fee. As prcvided in Section 13-24 of the Arden Hilla Code, the fee for a coin-operated amusement deviee . license ehall be eatadliehed in a reeolution adopted by the Council. ' Sec. 4-8. Ieauance of license; investiqation by oP l ce• ^ A license to operate a coin-operated amusement device shall be issued by the Clerk-Administrator. • If regueeted by the Clerk-Administrator, however, the Palice Department of the City ahall inveatigate any application and shall submit a recommendation to the Clerk-Admiaiatrator prior to issuance or denial of the license ae pruvided in Section 13-8 of the Arden Hills Code. Sec. 4-9. Ineligibility for license. . Exietence of any af the following conditione ehall render the applicant ineligible for a ~ license unless the Council determinee that the applicaat hae ehown eufficient extenuating circum- etances to warrant the iaeuance of a license regardless of euch exietence: (a) If the applicant, or the manager of tbe licenged bueiness, ie l1l Under twenty-one l21l years of age, or • (2) An al'en, or (3) A for ign corporation. (b) If the app icant, manager or person owning . the licena d activity: - 3 - (1) Is not a pereon of gaod awral ' character and repute, or ° r (2) Haa been aoavicted of an offonse which relatea to the conduct of the licensed businose, or ' l31 Haa been denied a liaense to conduct a eimilar activity or has had Buch 1lcense euspended, revoked or ' cancellad. ' The foregaing aha11 not be the anly grounda, twwaveY, for denial of the lioense. Bec. 4-10. Ineurance. If the coin-operated amusement devio• is one of tho typos desoribed in Sudeeotion Ibl of Sectiah 4-4, the appllaant ahall Also submit along with his apPlication a policy of liability ineuranae applicable to death or injury caused by tbe oPera- . tion of the licensed device in auch amounte and • containing auch coverages as the Clexk- Adminietrator reaeonably requires. Sec. 4-11. DisplSy of licenee. Tha licenae for the aqgregate of coin-operated amusement devicee licensed hereunder shall be posted in a conepicuoue place on the premises under the direct or indirect control of the licensee, upon which they are located, ae required by Section 13-12 of the Arden Hi118 Code. "Sec. 4-12. Truants; hours of operat(on by minors. No truant from school shall nperate a coln-opera- ted amusement.devica, and no minor under the aga of .slxteen (16) years shall operate such dev(ce on any nlght of the weak after the hour of 9:30 o'ctock P.M. unless he Is accampanlad by a parent or guardlan. No person (n charge of the premises where tha devlCe IS located shall permit it to be played or used 1n vlolation of the provlslons of this Section." "Sec. 4-13. Partial exclusion for liquor licensees. No person or entity licensed to sell intoxicating liquor at retail shall be subject to comply with the provisions of Section 4-6, 9-9, 8-10 and all of 5ection 9-8 except the first sentence thereof. Sections 4-4, 4-5, 9-7, 4-11, 9-12, and 9-14 and the first sentence of Section 4-8 shall, however, be applicable to such licensee.u SeC. 4-14. Certain devices not regulated. . Nothinq in thia Division of the 1?rden Hille Code ehall be held to apply to any coin-operated amusement device held or kept for eale or storage and which iB not actually in uBe or displayed for U8@." . 5ection S. Amendment to Article I of Cha ter 4 of the Arden Ei ls Code Addin a New D v sion T ereto Ent t e Amusement Arcades". Art. cle I o Chapter 4 of the 1lyden H s Cade e erehy amended Dy adding thereto a new pivieion 3 which is entitled and reads aa follows: - 4 - "DIVISION 3. AMUSEMENT ARCADES. Sec. 4-15, Definitians. For purposes of thia plvision the terma defined below Bhall have the meaninge given thems la? The term 'coin-operated amusement device' or 'device' shall mean the type of mechanical amusement device which ie described in Section 4-4. (b) The term 'amusement arcade', as uaed herein, shall mean any building, etructure or tract of land, or any portion thereof, which .ia devoted primarily ko the opera- tion of faur (4) or more coin-operated amusement devices and ie open for public u8e and participation. Sec. 4-16. Licenee required. No person ehall own, operate or permit the • operation of an amusement arcade on premisee owned, leaeed or operated by him or engage in the businesa • of operating an amusement arcade in the City unlese he shall hava first obtained a license therefor. Sec. 4-17. Reguired information in application. The application for an amusement arcade licenee ehall include not only the information required by Section 13-4 of the Arden Hilla Code but a1so the following additional information: (a) The name and addreee of all pereons owning • or havfng an interest in the bueinese ' which keeps, operatee, or maintaine the coin-operated amusement devices requiring a license pureuant to Section 4-5 hereof and, in the caee of a corporation, the names and addresses of the officers and directors of the corporation and all shareholdere who have a beneficial . intereet in five percent 150 or a?ore of the isaued shares of the corporation'8 , stockf (b) Name and address of the manager, or managere, who will supervise the licensed . operation or activity= (c) Whether any of the pereone whose names appear on the appli,cation have ever been engaged 1n the businese of operating an amueement arcade arrywhere during the last five (5) years and,,if eos wheret (d) Whether any of the persons whoae names appear on the application have been convicted of a crime or have had an application for an amusement arcade . license denied, revoked or suspended . within the last five (5) yeara and, if so, the date and place of the conviction or - 5 - denial, revocation or suspenaion and a etatement of the crime or the reason far such denial, revocation or euspension= and (e) A statement that the applicant, or all principal officers, directore and ehareholders of a coxporate applicant, and managere of the licensed activitY, if requeeted by the Clerk-Adminiatrator, will permit a record of hie/thaix fingerprinte . to ba made by the Polioe Department fox ' the purpoae of additional investigation to determine whether or not the application should be isaued or the license deaied# suspen4ed or revoked. Sec. 4-18. License fees. As provided in Section 13-24 of the Arden Hilla Code, the fee for an amueement arcade license ehall be establiahed in a reeolution adopted by the Council. Sec. 4-19. Granting of licenses. (e) Referral investi ation and re orts. J?ny application or a license eroun er s all be referred to the' Police Chief and tn euch other persons on the City'a staff as the Gity Cuuncil shall deem necessary. The City official to whom the application has been referred shall investigate the lucation wherein the applicant ie proposing to opsrate the amusement arcades shall ascertain if the applicant, or the manager of the licensed bueineee, ie under twenty-one l211 years of age, an . alien, or a foreign corporation= and Bhall ascertain whether the applicant, manager or person owning the proposed licensed activity ia of good moral character and repute, hae not been convicted af an offenee which relatee ta the conduct of the 1lcenaed businesa, has operated a similar buaineaa eleewhere which wae not violative of the provisione of thfe Diviaion, and has hever besn denied a license to conduct a 11ke or similar activity or had such a license euspended, revoked or cancelled. , The Chief and any other City official to whom the application has been referred ahall recommend approval or dieapproval of the application within the time limita eet forth in Section 13-8 of the Arden Hills Code. (b) Notice of public hearing. Upon receipt of ths written reports and r oec~mmendationa of the Police Chief, Clerk-Administrator and any other officials to whom the application has been referred, the Clerk-Adminietrator shall cause to be published in the legal newepaper of the City, at leaet ten (10) days in advance, a notice of public hearing to be held by the City Council settinq forth the day, time and place when the hearing will be held, the name of the applicant, and the loca- tion where the huainesa is proposed to be con- ducteo. - _ 6 - • ' . (c) Hearin decieion and conditiona. The . ' applicatiun, toget er w t t e recammen at one of the 8olice Chief, Clerk-l?dminietrator and other officiuls to whom the application has been .referred, ehall be eubmitted to the City Council at tha haaring. After the hearing, the Council may grant or deny the licenee. In granting tha licenee, the Council may impoee 8pecial conditions if it deeme auch conditione to be necessary becauee of particular cixawnstancan relative ta tho epplication. Sec. 4-20. Yneligibility for Yicense. Exietence of any of the follcwing conditiops ehall render .the applicant ineligible for a license unlasi the Council detarminess that the appliaant haA ehown suffioient •xteauating circum- oteaces to Warrent tha ipquanoo af- a license regazdlesa ot such existenae: (a) If the applicant, or the managet oF the Yicensed bueinegs, ie (l) Under twenty-one (21) yeare of age, . or t2l An alien, os (3) li foreign corporstion, ' (b) If the applicant, manager or persoa owning the licenaed actlvitys . (l) ie not a person of good uwral character and repute, or 12! Has besn convictod of an offensewhich relstee to the conduct of the liaenaed businese, ar (3) Hae been denied a license to conduat a afmilar activity or has had such license euspended, revaked os cancelled. The foregoing eriall not be the only grounds,` however, for denlal af the licenee. ~ Sec. 4-21. Ineurance. If the coi,n-operated amusement devicea to be operated in the auweement arcade ars of the type deBCribed in Subsection (b) of Ssction 4-4, the applicant shall also submit along vrith hi.s application a policy of liability insurance applicable ta death or injury cauaed by the opera- tion of the liceneed devicee 1n Buch amounts and coverages as are prescribed by the City Council. Sec. 4-22. Conditions of licensure. The following conditions shall govern the issuance and holding of all amusement arcade licenees granted purauant to this Divieion: _ 7 . , (a) 4rdar. It shall be the responaibility of t e icen$ee to maintain order on the . pramieep of tba amusement arcade, and in . ~ and upon any parking lot appurtenant ' thsreta, and adjacent premisee, at all . time~. (b) Consum tian af alcoholic bevera es roh b ted. The consumpt or~ o a coho c ~@~exages, whether claesified as . intoxicatir?g ur non-intoxicatinq, or the uae of any controlled eubetance ahall not be permitted on any part of the premisee of the amuaement arcade. , (c) NourB•of n eration. On all Saturday& of the year, an on weekdayg from -and including June 1 through AuguBt 310 an amueement arcade eholl be upen only hetween the haurs of 8i00 A.M. and 12:00 midnight. on all Sundaya uf the year, and ' an weekdayB from and inaluding Septsmber 1. . thruugh May 31, an amueement arcade shal1 • be open only aatwesn the houre of 3 s 00 P. M. and 11 t QQ P.M. (d) Su erviaion. The licanaee ohall provide u u t tne manager of at least twenty-ona . t211 years of age upon the pxewieee of the . amuaement arcade during all houre ir? which it is open for busineae. "(e) Entrance of truants and minors prohtbited under certain circumstances. Na truant trom schoal shall be permitted to enter or remaln on any parfi ofi the premises of the amusement arcade. Na minor under the age of sixtaen (16) years shall be permitted ta enter or rematn upon the premises ot the amusement arcade any nlght of the waek after the hour of 9:30 o'clock P.M. untess accom- pan(ed by his parent or guardian. (fi Cam liance with lawe. Tha premises of the amusemsnt arca eand the licensee, ahall fully comply with all applicable etate, federal and locel regulations whateoever dealing with the aperati,oa caf the liceoaed busihese or avtivity. (g) Fire hazarda. It shall be the responsi- ~ ETTity o3''t-Ke licenesQ, or his manager, to Bee that the promisea of the amusetnent . arcade do not bdcome overcrowded so as to . conatitute a hazard to the healtb or safety of the persons therein. (b). Exits/entxances. The prQmiasa of the . amuaement arcade 8ha11 have adequate entrancea and exite at the front and rear thereof but may have no entrances ta or exita from adjoining buildi.nga, ~r (i) Smokinq prohibited. The smakinq of tobacco ar any other product in an amuse- ment arCade i9 prohibited. The licensee ahall be responsibls to insure that thie - 8 - . restriction ia cocaplfed with. Tobacco producta may pot be sold anywhere upan the premi$es of the amusement araade. Yllumination. Tbe interiax of the amusement arcade shall be eo illumfnated aa to insure proper and complete abserva- tion of patrone at all timea. The 8uilding Inepector ehall r$commend etandarde for lighting levels to carry aut the intent of thi.s subsecti.on. (k) ~Postin . In a conspicuous place somewhere ' on the premisea af the amusement arcade shall be pasted the amusement axcade licease. ae required by Section 13-12 of , the Arden Hille Code." "Sec. 4-23. Partial exclusion of liquor licensees. No person ar entity licensed to sell intoxicating liquor at retail shall be subject to the provisians of Sections 4-15 t0 9--22 with the exception of Section 4-22(e) to which any such licensee shall be subject, provided, however, the term 'premises of the amusement arcade' used therein sha11 be deemed to mean in the case of the liquor licensee the licensed premises thereof." Section 6. Amendment to Section 13-13 of Arden Hills Code. 5ect on 13- a t e Ar en H e o e s ere y amn t4 Ua-entitled and read aa follows: "Bea, 13-13. Su»pension, revocation - Autharized. The City Cour?ci1 may suBpend for a periad not exceeding eixty (60) daye, or revoke any license issued under thie Code whenever the licensee, itG Qwner, manaqer or employees or agents of the . licenaee have engaged fr? any of the following ' conduct= (a) Fraud, deception or mi.arepreeerrtation in connectian wieh the securinq of the Yiceneel (b) Cor?duct inimical to the interest8 of • public health, safety, welfare or morals= ' (c) Conduct involving moral tqrpitudes (d) Convictior, of an offenad invelving tnoral turpitude by any court of canpetent , jurisdiction= . (e) Conviction of an offenae which relates to the conduct of the licensed businessi w (f) Viol.ati.on of any provision of this Code or , any other federal, state or local law, rule or requlationt or (g) Failure to comply with any of the provi- sians or conditians of the license, or the conditlone of liceneure, cr engaging in conduct which wuuld be grounde for denial of an initial applicatiun for licenaure." Sectian 7. Amendment to Section 13-14 of Arden Hills Code. Section 13-14 of t e Arden Hill s Cc~ e a here y aaaende to reac'1 ae folluws: "Sec. 13-14. Same - Hearing. A licensee or permittee shall be granted a hearing upon at least ten !141 days' prior written _ 9 - . ` notice before revocation or suspension ie orderad. • The notice shall state the time, date and place of the hearing and the nature of the chargee against the liceneee." Section 8. Amendments to Section 13-24 of the Arden Hills . Code to Ad a Naw Subsect on rr T eret4. Sect oa - 4 a t e a?r en H e Co e a ere y amen e y etriking the aoniunction "and" at the end of Subsection (pp) and the period at the snd of Subsection (qq) thereof, eubutituting a aemicolon and the conjunctiort "and" at tha end of Subsection lqq! thereof, and adding a aew Subsection (rr) thereto which reads as follows: " (rr) Amuse,mant aroada licenso$," Section 9. P~e,~nal,~ty . Any person viQlating any provisions of this Or nance shall~be guilty of a misdemeanor, and upon conviation thereof shall be puniahad by a fine of not more than $500.00, or imprisonment for not to exceed ninety (90) daya, or both. . Section 10. Effective Date. This Ordinance shall take effect and be in force from and after ita paseage aad publioa- ' tion. Passed by the Arden Hilla City Council this lv 4 day of , 1982. Ro ert Woo urn, , Mayor 7ltteet: ax otte McN es , Clerk-Adininietrator . - 10 - • r:. - r . _ '-.r, STATE OF fdINNESOTA COUNTY OI' RAMSEY CITY OF ARDEN HILLS ORDINADICE NO. 224 ~'~-a ~ ~ 3•~ AN OADINANCE AMENDING THE ARDEN HILLS CODE BY . CREATING A NEW DIVISION 1 IN ARTICLE I OF CHAPTER 4 THEREOF ENTITLEO "DRIVING RANGES", RE-ENTITLING SECTIONS 4-1 THROUGH 9-3 THEREOF, AND dELETING SECTION 4-4 THEREOF= ADDING TO ARTICLE I OF CNAPTER 4 OF THE CODE A NEW DIVISION 2 ENTITLED "COIN- OPERATED AMUSEMENT DEVICES"; ADDING TO ARTICLE I OF CHAPTER 4 OF THE CODE A NEW DIVISION 3 ENTITLEO "AMUSEMENT ARCADE&"; AMENDING SECTION 13-13 AND 13-14 OF THE COpEI AQDING A NEW SUBSECTION (rr) TO SECTION 13-24 OF THE CQDE; AND PROVIpTNG PENALTIES FOR THE VIOLA'1'xON THEREOF . - , The City Council of the Gity of Arden Hills hereby ordains: Section 1. Amendment to Article I of Cha ter 4 of the . Arden H s Co e b Addin a New Div s on 1 Thereto Ent t e Dr v n Ran~ es . Art c e o C apter o t e Ar en H a o e is ere- by amended by adding, immediately af.ter the title thereof--i.e., "ARTICLE I. IN GENERAL"--the following: "DIVISION 1. DRIVING RANGES". Section 2. Amendments to Sections 4-1 Throu h 9-3 of-the Arden H 1 s Code C an n t e Ca tions T ereo . Sect ons'4=1 t roug -3 o t e Ar en H s Co e are ereby recaptioped to read as follows: "Sec. 4-1. Proximit of drivin tees to buildin s• irect on o tees. "Sec. 4-2. Illumination." "Sec. 9-3. Houra operation prohibited." Section 3. Re eal of Section 4-4 of Arden Hills Code. Section 4- o t e Ax en H a Co e, wh ch re ates to mechan cal musical machines, is hereby repealed. Section 4. Ameridment to Article I of Cha ter 4 of the Arden Hi s Co e n a New D v s on T ereto Ent t e Cain-~ erated Amugement Devi ces . Art c e I o C apter o t e Arden Hi s Co e is ere y amended by adding thereto a new Diviaion 2 which is entitled and reads as follows: "DIVISION 2. COIN-OPr.R11TED AMUSEMENT DEVICES. Sec. 4-4. Definition of coin-operated amusement device. The term 'coin-operated amusement device' or 'device' as used herein means a mechanical amuse- ment device of any of the following types: (a) A machine or contrivance, including a pinball machine; a mechanical miniature pool table, bowling machine, shuffle board, electric rifle or gun range; a miniature and mechanical device and qame or other amusement patterned after baseball, basketball, hockey and similar gamea; a video or computerized game; or a game which may be played solely for amusement and not as a gamblinq device-- which machine or contrivance is played by • the insertion of a coin, sluq or other token, or at a fee fixed and charged by the establishment in which such machine or contrivance is located and which containa no automatic payoff features for the , _ return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine or contrivance may be equipped to permit a free play or gamei or (b) An amusement device designed for and used exclusively as a ride by children such as, but not limited to, a kiddie car, minia- ture airplane ride, mechanical horse, or other miniature mechanical device, not aperated as part of or in coanection with . any carnival, cireus, ahow, or 4ther entertainment or exhibition. ,Sec. 4-5. License required. No person shall keep, operate, mafntain or permit to be operated or maintained upon premises within his direct or indirect contxol any coin- • operated amusement device without having first ' procured a coin-operated amueement device license. Sec. 4-6. Required infarmation in application. The application for a coin-operated amusement device license shall include not only the infarma- tion required by Section 13-4 of the Arden Hilla Code but also the following additional information: (a) The name and address of all persons owning ' or having an interest in the business which keeps, operates, or maintains the - coin-operated amusement devices reguiring a license pursuant to Section 4-5 hereof and, in the case of a corporation, the names and addresses of the officere and directors of the corpoxation and all shareholders who have a beneficial interest in five percent (5B) or more of the iasued shares of the corporation's stock; (b) Whether any of the persons whose names appear on the application have ever been engaged in the business of operating coin-operated amusement devices anywhere during the laat five (5) years and, if so, where; - 2 - (c) Whether any af the persans whoae namee aPPear on the application have been convicted af, a arime or have had ain application far a coin-operated amusement device license denied, revoked or suspended within the laet five (5) years and, if so, the date and place of the conviction or denial, revocation or suspension and a statement of the crime or the reason far such denial, revocation or suspension; and (d) A statement that the applicant, or all principal officers, directors and share- holdere of a corporate applicant, and managers of the licensed activity, if requested by the Clerk-Administrator, will permit a record of his/their fingerprints to be made by the Police Department for the purpose of additional investiqation to determine whether or not the application ahould be issued or the license denied, suspended or revoked. Sec. 4-7. License fee. As provided in Section 13-24 of the Arden Hills Code, the fee for a cain-operated amusement device . license ehall be established in a resolution adopted by the Council. ' Sec. 4-8. Issuance of license• investi ation b Po ce• A license to oparate a aoin-operated amusemsnt device shall be issued by the Clerk-Administrator. • If requested by the Clerk-Administratar, howeveX, the Police Department of the City shall investigate any application and shall aubmit a recommendation to the Clerk-Adminietrator prior to issuance or denial of the license as provided in Section 13-8 of the Arden Hills Code. Sec. 4-9. IneliQibility for license. Exfetence of any of the following conditione ehall render the applicant ineligible for a " licenae unless the Council determines that the applicant has shown eufficient extenuating circum- stances to warrant the issuance of a license regardlesa of such exiatence: (a) If the applicant, or the manager of the licensed business, is (1) Under twenty-one (21) yeara of age, or • (2) An alien, or (3) A foreign corporation. (b) If the applicant, manager or person owning the licenaed activity: - 3 - (1) Is not a person of good moral ' character and repute, or r 12) Has been convicted of an offonsa which relateB to the conduct of the ' 11conaed business, or (3) Hae been denied a license to conduct a similar activity or haa had auch license suapended, revoked or ' cancelled. ' The faregoing sha11 not be the on].y grcunda, howevar, for denia1 0f the 1icense. Sec. 4-10. Inaurance. If the cofr?-operated amueea?ent deviae is one of the types desc~ribed in &ubsection ibl of Sectian 4-4, the applicant ahall Aleo sukamit along with hi.e $ppli.cation a palicy of liability inaurance applicable ta death or injury caused by the opera- . tian of the licensed device in auch amounts and • cor?taining such coverages as the Clerk- Administrator reasonably rBquirea. Sec. 4-11. Displa_y_ of l.i.cense. The licenss for the aqgreqate of coin-operated amusement devices licensed hereur?der shall be poated in a conapicuous place on the premises under the direct or indirect control di the licenaee, upon which they are lacated, ae required by Section 13-12 of the Arden Hills Code. "Sec. 4-12. Truants; hours of operation by minors. No t?-uant from school shal I operate a coin-opera- ted amusement.device, and no minor under the age of slxteen (I6) years shall operate such devfce on any night of the week after the hour of 4:30 o'clack P.M. unless he Is accompanled by a parent or guardlan. No person in charge of the premises where the devlce is IaCated shall permit it to be played or used in vfolation of the provisions of this Section." "Sec, 4-13. Partial exclusion for liquor licensees. No person or entity licensed to sell intoxicating liquor at retail shall be subject to comply with the provisions of Section 4-6, 4-9, 4-10 and all of Section 4-8 except the first sentence thereof. Sections 4-9, 4-5, 4-7, 4-11, 4-12, and 4-14 and the first sentence of Section 4-8 shall, however, be applicable to such licensee." Sec. 4-14. Certain devices not regulated. Notihing in this Oivision of the Arden Hills Code ahall be held to apply to ar?y coin-operated amusement device held or kept for aale ur storage and which is not actually in u8e or displayed for use." Section S. Amendment to Article I of Cha ter 9 of the Arden H 2.s coTle~by Addin a New Divi9ion T ereto Ent t e Amusement Arcadee". Art, cle Y o Chapter 4 o the Arden Hi s Code a ereby amended by adding thereta a new Divieion 3 which is entitled and rsads as follows: - 4 - "DIVISION 3. AMUSEMENT ARCADES. Sec. 4-15. Definitians. For purposes of this Division the terms defined below shall have the meaninge given thems (a) The term 'cain-operated amusement device' or 'device' shall mean the type of mechanical amusement device which is described in Section 4-4. (b) The term 'amuaement arcade', as used herein, ahall mean any building, structure or tract of land, or any portion thereof, which .is devoted primarily to the opera- tion of four (4) or more coin-operated amusement devices and ie open for public use and participation. Sec. 4-16. License required. No peacson shall own, operate or permit the operation of an amusement arcade on premises owned, leased or operated by him or engage in the businese of operating an amusement arcade in the City unleas he shall have first obtained a license therefor. Sec. 4-17. Required information in a'pplication. The application for an amusement arcade license ahall include not only the information required by Section 13-4 of the Arden Hille Code but also the following additional informations (s) The name and addrees of all persona owning • or having .an intereet in the bueinees ' which keeps, operates, or maintaina the coin-operated amusement devices requiring a license pursuant to Section 4-5 hereof and, in the case of a corporation, the names and addresses of the officers and directore of the corporation and all shareholders who have a beneficial intereat in five percent (5%) or more of trie issued shares of the corporation's stockf ' (b) Name and address of the manager, or managers, who will supervise the licensed operation or activity= (c) Whether any of the persone whoae names appear on the application have ever been enqaged in the business of operating an amuaement arcade anywhere during the last five (5) yeare and,,if so, where; (d) Whether any of the persons whose names appear on the application have been convicted of a crime or have had an application for an amusement arcade . license denied, revoked or suspended within the last five (5) years and, if so, the date and place of the conviction or - 5 - denial, revocation or suspenaion and a statement of the crime or the reason for such denial, revocation or suspension; and (e) A statement that the applicant, or all principal officers, directore and shareholders of a corporate applicant, and managers of the licensed activity, if requeated by the Clerk-Administrator, will permit a record of his/their fingerprints • to be made by the Polica Departmant fdr the purpoee of additional investigation to determine whether or not the application should be issued or the license denied, suspended or revoked. Sec. 4-18. License fees. As provided in Section 13-24 of tihe Arden Hills Code, trie fee for an amueement arcade license shall be established in a resolution adopted by the Council. Sec. 4-19. Granting of licenses. (a) Referral investi ation• and re arta. Any application ox a icense ereun er s all be referred to the' Folice Chief and tn such other persons on the City's staff as the City Council shall deem necessary. The City official to whom the application has been referred shall investigate the location wherein the applicant ie proposing to operate the amusement arcade= shall ascertain if the applicant, or the manaqer of the licensed business, is under twenty-one (21) years of aqe, an alien, or a foreign corporation; and shall ascertain whether the applicant, manager or person owning the proposed licensed activity ia of gaod moral character and repute, has not been convicted of an offense which relates to the canduct of the licensed business, has operated a similar buainess elsewhere which was not violative of the pxovieiQna of thfe Division, and has never been denied a license to conduct a like or similaX activity or had such a license suspended, revoked or cancelled. The Chief and any other City official ta whom the application has been referred shall recommend approval or diaapproval of the application within the time limits set forth in Section 13-8 of the Arden Hills Code. (b) Notice of ublic hearin . Upon receipt of the written reports an recommendations of the Police Chief, Clerk-Administrator and any other officials to whom the application has been referred, the Clerk-Administrator shall cause to be published in the legal newspaper of the City, at least ten (10) days in advance, a noticc of public hearing to be held by the City Council setting forth the day, time and place when the hearing wili be held, the name of the applicant, and the loca- tion where the business is proposed to be con- ducted. - - 6 - • 1 (c) Hearin deciaion and conditione. The . ' applicaticn, toget er wt t e xecommen at ons of the Police Chiefe Clerk-Adminietrator and other officials to whom the application hae been • referred, ahall be eubmitted ta the City Council at the hearing. After the hearing, the Council may grant or deny the license. In granting the licenae, the Couacil may impoee special conditions if it deems such conditiona to be necessary because of particular circumstances relative to the application. Sec. 4-20. Ineli.qibilitv for license. ~ Exieteace of any of the following conditione sha11 render .the applicant ineligible for e licenee unlees the Caunail determines that the epplicant has shown gufficient extenuating circum- atancee to Warrant the iseuance of- a licenpe regardlese of such existenaes (a) If the applicant, ar the manager of the licenaed buainese, is (1) Under twenty-one (21) years of aqe# or (2) An alien, or (3) A foreign corpoxation. (b) If the applicant, manager or pereon owning the licensed activity: . ll) Is not a person of good moral character and repute, or (2) Has been convicted of an offensewhich rslatea to the conduct of the licensed bueiness, or (3) Haa been denied a license to conduat a eimilar activity or has had such license euepended, revaked or cancelled. The foregoing eha11 not be the only grounde, . however, for denial of the license. Sec. 4-21. Ineurance. If the coin-operated amusement devicea to be operated in the amueement arcade are of the type described in Subsection (b) of Section 4-4# the applicant shell alsa submit along with his application a policy of liability insurance applicable to death or injury caused by the opera- tion of the licensed devicee in such amounts and coverageg as are prescribed by the City Council. Sec. 4-22. Conditians of licensure. The following conditions shall govern the isauance and holding of all amusement arcade licenses granted pursuant to thls Divfeion: - 7 (a) Order; it ehall be the responsibility of 01e licensee to maintain arder on the premieea of the amusement arcade, and in and upoa any parking lot appurtenant ~ thereto, and adjacent premiaea, at all times. (b) Consum tion of alcoholic bevera es proh bited. The consumption o a coho c beveragea, whether classified ae . intaxicatinq or c?on-intoxicating, or the use of any controlled substance eha].l not ' be permitted on any part of the promises of the amusement arcade. , (c) Hours•of operation. On all Saturdaye of 07o year,~ an on weekdays from and including June 1 through AuquBt 31, an smuaement arcade ehall be open only between the hours of 8s40 A.M. and 12:00 midnight. On all Sundays of the year, and ' on weekdayB from and including September 1. through May 310 an amusea?ent arcade aha11 • be open only betweet? the houre of 3:00 P.M. and 11:00 P.M. (d) Su erviaicn. The licaneee ehall provicle a u-t me manager of at least twenty-one . (21) yeara of age upon the promises of the . amugea?ent arcade during all houra ia which it ia open for bueinesa. "(e) Entrance of truants and minors proh(bited under certaln circumstances. No truant trom school sha(I be permitted to enter or remaln on any part of the promises of the amusement arcade. No minor under the age of sixteen (16) years shall be permitted to enter or remain upon the premises of the amusement arcade any night of the week after the hour of 9:30 o'clock P.M. unless accom- pan(ed by h(s parent or guardfan. (f) Compliance with lawe. The promises of the amusement arca e, and the licensee, shall fully comply with all applicable state, federal and local regulations whateoever dealinq with the operation of the lieensed bus3nesa or activity. lq! Fire hazarde. it eball be the respoosi- + y o ~.Tie licensee, or hie manager, to ' see that the premises of the amusement arcade do not become avercrowded sa a$ to constitute a hazard to the health or safety of the persons therein. (h), Exits/entrances. The promises of the amusement arcade shall have adequate entrances and exits at the front and rear thereof but may have no entrances to or exits from adjoining buildings, sommmr (i) Smoking prohibited. The smoking of tobacco or any other product in an amuse- ment arcade is prohibited. The licensee ehall be responsible to insure that thie , - $ y . restriction, is complied with. Tobacco products may not be eold anywhere upon the premises of the amuesment arcade. (j) I1lumination. The interior of the amusement arcade shall be so illuminated as to insure proper and complete observa- tion o£ patrons at all times. The Buildirtg Inspector shall recommend standards for lighting levels to carry out the intent of this subsection. (k) Pasting. In a conspicuous place somewhere on the premises af the amusement arcade ahall be posted the amusement arcade license. as required by Section 13-12 of the Arden Hills Code." "Sec. 4-23. Partial exclusion of liquor licen5ees. No person or entity licensed to se11 intnxicating liquar at retail shall be subject to the pravisions af Sections 4-15 to 4-22 with the exception of Section 4-22(e) to which any such licensee shall be subject, provided, however, the term 'premises of the amusement arcade' used therein shall be deemed to mean in the case of the liquor licensee the licensed premises thereof." Section 6. Amendment ta Section 13-13 of Arden Hills Code. Sectian 13-13 o t e Ar en H s Co e a ere y amen e to ie entitled and read as follows: "Sec. 13-13. Suspension,~r~evocation - Autharized. The City Council may auepend for a periad nat exceeding sixty (60) days, or revoke any license issued under this Code whenever the licenaee, its owner, manager or employees or agenta of the . licensee have engaged in any of the fallowing ' conduct; (a) F,-aud, deception or misrepresentation in connectian with the Becuring of the liceneei (b) Conduct inimical to the interests of - public health, eafety, welfare or mvrals= ' (c) Conduct involving moral turpitudej • (d) Conviction of an offense involvinq moral turpitude by any court of competent jurisdiction; . (e) Conviction of an offense which relates to the conduct of the Iicensed business; ^ (f) Violation of any provisian of this Code or , any other federal, state or local law, rule or regulationf or (g) Failure to comply with any of the provi- sions or conditions of the license, or the conditions of liceneure, ar enqaging in conduct which would be grounds for denial of an initial application for licensure.w Section 7. Amendment to Section 13-14 0f Arden Hills Code. Section 13-14 of t e Arden Hi s Ca e is ere y amen e to read as followa : "Sec. 13-14. 5ame - Hearing. A licensee or~ permittee shall be granted a hearing upon at least ten (10) days' prior written _ 9 _ . . notice before revocation or auspension is ordered. The notice shall state the time, date and place of the hearing and the nature of the charges against the licensee." Secti.on B. Amendments to Sectian 13-24 of the Arden Hills . Code to Ad a New Subsect on rr T ereto. Sect on 13- 9 o t e Ar en Ha. e Co e e ere y amende y strikinq the conjunction "and" at the end of Subeection tppl and the period at the end of Subeectlon (qq) thereaf, subatituting a aemicolon and the conjunction "and" at the snd of Subsection (qq) thereof, and adding a new Subsection (rr) thereto which reads as followss "(rr) Amusement arcade licenses." Section 9. Penalt . Any person violating ar?y provisiona of this Ordinance shal e guilty of a misdemeanor, and upon. conviction thereof shall be punished by a fine of not more than $500.00, or imprisonment for not to exceed ninety (90) days, or both. - Section 10. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publica- .tion. Passed by the Arden Hills City Council this day of , 1962. Ro ert Woo urn, Mayor Attest; C ix Otte McN @a , Clerk-Administrator , - 10 -