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HomeMy WebLinkAbout1982-05 05-24 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of May, 1982 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Ordinances regulating and licensing amusement devices. ORDINANCE NO. 82 -5 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING REGULATING AND LICENSING AMUSEMENT DEVICES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -010. LICENSE FEES. The fees for the various licenses shall be as hereinafter stated, notwithstanding other ordinance provisions regarding the specific fee. Fee, (annual un- less otherwise Tvpe of License Required by Section License Expires stated) Amusement Device 23- 2101 June 30 Operator $50 per machine Vendor $150 Section 23- 2101. LICENSE REQUIRED. A. No operator as defined herein shall keep, operate, maintain or permit to be operated or maintained upon premises within his direct or in- direct control within the City of Brooklyn Center any amusement device, unless such person, firm, partnership or corporation shall have first procured a License as hereinafter provided. B. No vendor as defined herein shall provide an amusement device or devices to any operator or amusement center located within the City of Brooklyn Center unless such vendor shall have first procured a License as here- inafter provided. Section 23 -2102. DEFINITIONS A. "Amusement Centers" The operation of one or more amusement devices 4 except those designed for and used exclusively as rides for children) as a principal or secondary use available for use by non employees upon, commercial premises other than those listed in Section 23 -2109 SUbd. 3,', subject to the Special Use Permit requirements of Section 35 -220 of the City Ordinances. B. "Vendor A person, firm, partnership or corporation which owns one or more amusement device and which provides such devices to an amusement center operator, or to the operator (manager or owner) of an establish ment authorized to have amusement devices on his /her premises for public use. ORDINANCE NO. R C. "Amusement Device" The term amusement device as used herein means any amusement device of the following types: (1) A machine or contrivance, including "pinball" machines, electronic or video games, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical or electronic devices and games or amusements patterned after baseball, basketball, hockey and similar games and like devices, machines, or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin(s) or token(s) or at a fee fixed and charged by the establishment in which such devices or machines are located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to permit a free play or game. (2) Amusement devices designed for and used exclusively as rides for children such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. D. "Operator" A person, firm, partnership or corporation which manages and /or owns premises on which one or more amusement devices are avail- able for use by persons not employed by the operator. E. "Licensed Premise" A premise upon which licensed amusement devices are used or intended for use. Section 23 -2103. APPLICATION FOR LICENSE. A. Operator's License. The application for an operator's license shall contain the following information: (1) Name, address, age, date and place of birth of the operator. (2) Prior misdemeanor or felony convictions of the operator, if any, but excluding traffic violations. (3) Prior employment experience of a supervisory nature. (4) Address of premises where amusement device is to be displayed or operated and the primary business conducted at that premises. (5) Owner of premises. (6) If the interest of the operator be that of a corporation or other business entity, the names of any persons having a five percent (5%) or more interest in said business entity shall be listed. ORDINANCE NO. 82 -5 (7) Name and address of amusement device vendor (if applicable) and a copy of lease agreement, exclusive of confidential financial information. (8) Number and type of amusement devices to be maintained on premises. B. Vendor's License. The application for a vendor's license shall contain the following information`. (1) Name and address of vendor. (2) Location or locations where amusement devices will be used. (3) Prior misdemeanor or felony convictions, if any, but excluding traffic violations. (4) If the interest of the vendor be that of a corporation or other business entity, the names of any persons having a five (5 or more interest in said business entity shall be listed. Section 23 -2104. LICENSE FEE. A. The annual license fee for required licenses shall be as set forth in Section 23 -010 of the City Ordinances. Licenses shall be issued for an annual period from July lst through June 30th for each year hereafter, provided, however, that the initial license fee for each applicant shall be prorated as of the date of the application therefore. Said application for license shall then be presented to the City Council for consideration, and if approved, the City Clerk shall issue the license to the applicant. B. At the time of application for an operator's license or vendor's license the applicant shall pay in full an investigation fee in the amount of $100. If at any time an additional investigation is re- quired because of a change of ownership or control of a corporation or partnership previously licensed, the licensee shall pay in full an additional investigation fee in the amount of $50. Investigation fees shall not be refunded. Section 23 -2105. INSURANCE. The operator shall also submit with his application a policy of liability insurance applicable to death or injury caused by'the,operation- of­the licensed amusement device or the premises upon which it is located in the minimum amounts of $100,000.00 for injury to or death of any person or $300,000.00 for one accident. Section 23 -2106. INSPECTION. A. Application for license shall be made in duplicate and one copy shall be referred to the City Manager or his /her designated inspector who shall investigate the location wherein it is proposed to operate such amusement device, ascertain -if the applicant is a person of good moral character, and recommend either approval or disapproval of the appli cation: No license shall be approved by the City Council until the recommendation of the City Manager has been considered. ORDINANCE NO. 82 -5 B. Each amusement device located in the City of Brooklyn Center shall be inspected by the Chief of Police prior to approval for licensing, and an inspection report shall be forwarded to the City Manager. Upon notice by the Operator to the Chief of Police requesting an inspection and stating that one amusement device has been substituted for another under an existing license, pursuant to Section 23 -2108 hereof, said substituted amusement device may be operated unless license therefor has been denied by the City Council. An amusement device which is not being substituted for another pursuant to Section 23 -2108 hereof, shall not be operated until notice has been given by the Operator to the Chief of Police requesting an inspection, an inspection report has been forwarded to the City Manager, and a license issued. Refusal by an Operator of the right of entry to the Chief of Police during business hours for the purpose of a scheduled inspection, a requested inspection, or an inspection made upon probable cause, shall constitute grounds for revocation of all licenses for amusement devices held by the Operator. Section 23 -2107. DISPLAY OF LICENSE. The license herein provided for shall be posted permanently and conspicuously at the location of the amusement device in the premises wherein the device is to be operated or maintained to be operated. Section 23 -2108. TRANSFERABILITY. A. One amusement device may be substituted for another similar amusement device under a single license provided that the number of amusement devices shall not exceed the number approved under the license. B. Operator's licenses are issued for one location only and such licenses are nontransferable between locations. Section 23 -2109. LOCATION OF AMUSEMENT DEVICES. A. No amusement device shall be located, placed, maintained or operated on any public street, avenue, boulevard, lane, or alley within the City. No amusement device shall be located on private property in such a manner as to block or interfere with established driving lanes, parking places, fire lanes, exitways or walkways nor shall an amusement device be located so that its operation will create a nuisance. B. Licensed amusement devices shall be allowed to be located as secondary or incidental uses in the following commercial establishments: (1) establishments holding an on -sale non intoxicating liquor license, an on -sale intoxicating liquor license, an on -sale wine license or an on -sale club license. (2j eatinq establishments including eating establishments offering live entertainment, but excluding convenience food restaurants and drive-in eating establishments. (3) recreation centers. (4) motion picture theaters. (5) bowling establishments. ORDINANCE NO. 82 -5 (6) athletic clubs. (7) health spas. (8) hotels and motels., (9) clubrooms and lodges. (10) other retail operations provided the property on which the amusement device is to be located is not within 150 feet of any residentially zoned (RI through R7) property. C. Amusement centers shall be subject to the provisions of Section 35 -220 of the City Ordinances provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. D. Licensed amusement devices designed for and used exclusively as rides for children may be located in any olace or upon any premises approved by the City Council. Section 23 -2110. USE FOR GAMBLING. It shall be unlawful for the owner of any amusement device, or for the owner or operator of any establishment where it is located, to knowingly permit the same to be used for gambling or for the making of bets or wagers. Section 23 -2111. PAY -OFFS. It shall be unlawful for the licensee or for the owner or operator of the establishment where any amusement device is located to give any money, token, merchandise or any other thing of value or any reward or prize in lieu of free games registered on such device, and all free games so registered shall be played on the device registering such free game, and there shall be no mechanism on the amusement device whereby the operator, can cancel registered free games. Section 23 -2112. AUTOMATIC PAY -OFFS. It shall be unlawful for any person to keep, maintain, sell or permit to be operated any amusement device which has been converted into an automatic pay -off device which shall automatically award money, prizes, tokens, merchandise, gifts or anything of value, other than free games to the operator or player of such amusement device. e. It shall be unlawful to convert any amusement device into an automatic pay -off device. Section 23 -2113. DESTRUCTION OF ILLEGALLY OPERATED MACHINES. Any amusement device knowingly used by the owner in violation of Section 23 -2110, 2111 or 2112 of this Ordinance may be seized and destroyed in compliance with the provisions of the Statutes of the State of Minnesota relating to gambling devices. ORDINANCE NO. 82 -5 Section 23- 2114. CERTAIN AMUSEMENT DEVICES NOT LICENSED. The licensing provisions of this Ordinance shall not apply to any of the following amusement devices (1) Any amusement device held or kept for sale or storage and which is not actually in use or displayed for use. (2) Any amusement device used for private, non commercial purposes such as home use. JqJ Any amusement device located on commercial or industrial premises in lunch rooms, break rooms, employee cafeterias or recreation rooms which is p rovided for employees use and not available for use by the general public. (4) Any amusement device located in a recreation center or recreation room in a multiple family or townhouse residential complex which is provided for use by residents and their guests and is not available for use b:v the general public. Section 23 -2115. AMUSEMENT DEVICES RESTRICTIONS AND LICENSE REVOCATION. A. It shall be the responsibility of the operator: (1) To prevent the harassment of any person in or adjacent to the licensed premise by patrons of the licensed premise; (2) To provide adequate and unobstructed ingress, egress and parking areas adjacent to the licensed premise; (3) To prevent the frequenting and the use of the licensed premise by loud, boisterous and disruptive persons; (4) To prevent the frequenting and the use of the licensed premise by persons who engage in acts of vandalism and destruction of property 1n and about and adjacent to l th_6 1 censed premise; (5) To prevent conduct by patrons of the licensed premise which has an adverse effect on adjacent property; (6) To maintain order on the licensed premise at all times; (7) To ensure that the 1- icensed_premise.do; not become overcrowded'so as to constitute a hazard t0_ the_ heall;h ol" saTety of persons, or so as to exceed the maximum number persons permitted herein by order of the City Manager; (8) To provide full -time adult supervision upon the licensed premise during business hours; (9) To ensure that each amusement device on the licensed premise has been licensed pursuant to this di indnc2 and that the license is posted in a conspicuous pla'ceo d the licensed premise. ORDINANCE NO. 82 -5 (10) To comply with the provisions of Section 19 -305 of the City Ordinances. B. It shall be unlawful for any operator to operate the licensed premise so as to constitute a public nuisance under City Ordinances, Statutes of the State of Minnesota, or the Common Law, C. It shall be unlawful for an.y operator to sell, offer for sale, knowingly permit to be sold or offered for sale, to be dispensed or consumed, or to permit to be brought into the licensed premise, any alcoholic beveraqe or controlled substance defined in Chapter 152 of Minnesota Statutes, or to knowingly Permit any illegal activity on the licensed Premise without immediately notifyinq the Brooklyn Center Police Department of such illeqal activity, provided, however, that the prohibitions in this section reaardinq alcoholic beverages shall not apply to licensed liauor establishments as set forth in Section 23 -2109 B(1). D. Every Operator and Vendor, in making application for a license here- under, acknowledqes that the license is a personal privilege and does not constitute property, and is not transferable. E. Any violation of this Ordinance. or anv failure to comply with any provisions of this Ordinance, or any failure to comply with any conditional restriction of anv special use permit issued with respect to the licensed premise, is hereby deemed to be adequate grounds for revocation of the license for all amusement devices on the licensed premise, or in the case of a vendor, on all amusement devices provided to licensed premises within the City of Brooklyn Center. Section 23 -2116. SEVERABILITY. If any part of this Ordinance shall be adjudged to be invalid by a Court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this Ordinance. Section 23- 2117. PENALTY. Any person who violates or fails to comply with any provision of this Ordinance small be guilty of a misdemeanor and subject to a fine not to exceed $500.00, or imprisonment for a period not to exceed ninety (90) days, witm costs of prosecution to be added. Such penalty may be imposed in addition to revocation or suspension of license. The licensee under this Ordinance, whether or not he is in direct control of an amusement device described in Section 23 -2102 hereof, or the premises upon which said amusement device is located, may be charged under this Ordinance for any violation thereof, by virtue of his indirect control of said amusement device and premises, resulting from his being the licensee. ORDINANCE NO. 82 -5 Section 2. This ordinance shall become effective after adoption and upon thirty(30) days following its legal publication. Adopted this 24th day of Ma 19 82 r Maur% ATTEST: C1 erk Date of Publication Mav 6, 1982 Effective Date June 5, 1982 (Underline indicates new matter, brackets indicate matter to be deleted).