HomeMy WebLinkAboutCity Council Ordinance 1982-01i ORDINANCE NO. 82-01
'f AN ORDINANCE RELATING TO THE LICENSING
I OF AMUSEMENT CENTERS AND FEES REQUIRED THEREFORE:
AMENDING CHAPTER XI BY ADDING SECTION 1103 AND
CHAPTER X BY AMENDING 1010.01 SUBDIVISION 2
THE CITY COUNCIL OF THE CITY OF PLYMOUTH HEREBY ORDAINS:
Section 1. Plymouth City Code, Chapter XI is amended by adding
Section 1103 to read:
Section 1103. AMUSEMENT CENTER
1103.01 Definitions. Subdivision 1. For purposes of this
Section the terms defined in this section have the meanings given
them.
Subd. 2. "Amusement Machine" means, but is not limited to,
a mechanical amusement devise of any of the following types:
(a) A machine or electronic contrivance, including "pinball"
machines, mechanical miniature pool tables, bowling
machines, shuffle boards, electric rifle or gun ranges,
miniature mechanical and 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 or coins 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: the term does not include coin-operated music
machines.
(b) Amusement devices designed for and used exclusively as
rides by children, such as, but not limited to, kiddie
cars, miniature airplane rides, mechanical horses, and
other miniature mecha.iical devices, not operated as a part
of or in connection with any carnival, circus, show, or
other entertainment or exhibition.
Subd. 3. "Amusement Center" means a business at one location
devoted:
(a) primarily to the operation of amusement machines as defined
above and open for public use and participation or
(b) locations with seven (7) or more amusement machines as
defined above and open for public use and participation,
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Subd. 4:�Licensed `Premises" shall mean room or rooms n"
which such amusement machines are located and when such premises
are part of a building or structure in which other businesses !
are conducted, the licensed premise shall not be connected by
more than one interior doorway or passageway to other parts of
such building or structure. Such doorway or passageway shall be
provided with a metal gate or grating which can be locked to
secure the licensed premises during such time that use is not
permitted.
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1103.03 Licenses. Subdivision 1. General Rules. No person shall
j, keep, operate, maintain or permit to be operated or maintained upon
premises within his direct or indirect control an amusement center
or any machine therein, without having first procured an amusement
center license under the provisions of this Code. f
Subd. Z. Amusement Center License. No person shall own, operate
or permit operation of an amusement center on premises owned, leased, j
or operated by him or engage in the business of operating an
amusement center unless an annual amusement center license has been
obtained.
Subd. 3. Application. The application for an amusement center
license shall contain the f,)llowing information:
(a) Name and address of the applicant, age, date and place of
birth.
(b) Place where machine or device is to be displayed or operated,
the business conducted at that place, and the zoning
classification.
(c) If the interest of the applicant be that of a corporation or
other business entity, the names of any persons having a 5%
or more interest in said business entity shall be listed.
(d) A management plan outlining the means by which the establish-
ment will be supervised, training provided to supervisory
personnel and methods for dealing with infringements of
establishment rules.
(e) All applications shall conform to the provisions of this
Section, but shall also include a statement that the
applicant, if requested by the City Clerk will permit a
record of his fingerprints to be made by the Police Department
for the purpose of additional investigation to determine whether
or not the application should be granted.
Subd. 4. License Fees. The license fee for an amusement center
license is set by Chapter X and may be pro -rated for a partial
year. The license fees are in lieu of all other fees for amuse-
ment devices or machines under this Code.
Subd. 5. Council Approval. The application for an amusement center
license shall be presented to the City Council for consideration,
and if approved, the City Clerk shall issue the license to the
applicant subject to the provisions of Section 1103.11, Subd. 9.
i' 1103 03. Ins6ce. If the machines to be opOed in the amusement ttt
}{ center are of the type described in Subsection 1, Subd. 2, Clause (b),
the applicant shall also submit with his application a policy of
liability insurance applicable to death or injury caused by the
j operation of the licensed machine, in the minimum amounts of $100,000
for injury to or death of any person or $300,000 for one accident.
t 1103.07. Inspection. Subdivision 1. Police Review. Application for
an amusement center license shall be made in duplicate, and one copy
shall be referred to the Chief of Police, or his designated inspector,
who shall investigate the location wherein it is proposed to operate
an amusement center, ascertain if the applicant is a person of good
moral character, and shall recommend approval or disapproval of the
j application.
Subd. 2. Duty of Police Department. Each amusement center licensed i
under this Ordinance shall be inspected by the Police Department. Ij
1103.09 Posting. An amusement center shall have permanently affixed i
on its premises in plain view a decalcomania evidencing the issuance
of its license, together with a copy of the house rules and hours of
operation in one inch letters.
1103.11. Amusement Centers - RCstrictions. Subdivision 1. No
amusement center shall be operated so as to constitute a public
nuisance.
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Subd. 2. Order. It shall be the responsibility of the licensee
to maintain order on the licensed premises at all times.
Subd. 3. Trash, Refuse Disposed. It shall be the responsibility
of the licensee to insure the proper and swift disposal of trash
or refuse which may accumulate on the site.
Subd. 4. Fire Hazards. It shall be the responsibility of the
licensee to see that the licensed premises does not become over-
crowded so as to constitute a hazard to the health or safety of
persons therein. The Fire Marshal shall designate and post the
maximum number of persons to be permitted on the licensed premises.
Subd. 5. Supervision. The licensee shall provide a full-time
attendant of 21 years of age or over upon the licensed premises
during business hours. The licensed premises shall be locked
whenever such attendant is not present thereon.
Subd. 6. Liquor, Beer, and Drugs. It is unlawful for any person
operating an amusement center to sell, offer for sale, or knowingly
permit to be sold or offered for sale, or to be dispensed or
consumed or knowingly brought in the amusement center any alcoholic
beverages or narcotic drugs, or to knowingly allow any illegal
activity upon the licensed premises.
Subd. 7. Transferability. The license required by this Section
is a personal privilege and is not transferable.
Subd. 8. Hours. Amusement centers shall be closed by 1:00 a.m.
each night and may not open until 9:00 a.m, on weekdays or until
12:00 noon on Sundays. At all other times the licensed premises
shall be locked. Individuals who are nineteen (19) years of age
or less shall be prohibited in or around such establishments during
normal school attendance hours during the academic year for the
school district within which the amusement center is located.
$ubd rictions ndi
on CotionalUse� a restrictions
containedthis section may be amended additional conditions
or restrictions may be imposed as a part of a conditional use permit
issued pursuant to the Zoning Ordinance. No license shall be valid
until the City Council has issued a conditional use permit for the
operation.
Subd. 10. Food and Beverages. There shall be no food or beverages
allowed on the site, except that which is sold by the establishment.
Subd. 11. Lighting. The interior of an amusement center shall be
illuminated as to insure proper and complete observation of patrons
at all times. The Building Inspector shall recommend standards
for lighting levels to carry out the intent of this Subdivision.
1103.13. Penalties. A violation of any provision of this Section is
a misdeameanor. The licensee under this Section, whether or not in
direct control of an amusement center or the premises upon which said
machines are located, may be charged under this Ordinance for any
violation thereof, by virtue of his responsibility as licensee hereunder,
and by virtue of his indirect control of the machines therein and
premises, resulting from his being the licensee.
Section 2. Plymouth City Code, Chapter X is amended by adding the
following to Section 1010.01, Subdivision 2:
Type of License
Subd. 2. Amusements and
Entertainments
Amusements
Amusement Center
Bingo
Drive -In Theaters
Section Requiring
License
1100
1103
1105
1110
Fee Sr hed ul e
$ 100.00
$1,000.00 for up j
to 7 machines
plus
$ 50.00 for esch
add. machine
$ 100.00
$ 5.00 per
occasion
$ 100.00 plus
$ 50.00 1
application
Section 3. This ordinance shall be effective upon passage and
publication.
Adopted by the City Council this 4th day of January, 1982.
ATTEST:
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DavidN. avenpo x,Mayor
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