5.24 COIN-OPERATED AMUSEMENT DEVICES
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1 COIN-OPERATED AMUSEMENT DEVICES Sections: Findings Definitions License required Application - Contents Inspection of premises Denial of License License fees; reimbursement Regulations Conduct on premises Revocation or suspension Reasons for revocation or suspension Appeals and future licensing Existing facilities Penalty Findings. The Governing Body finds that in the interest of preventing loitering and disorderly conduct and in order to protect the health, safety and general welfare of the citizens of Overland Park, it is necessary to license and regulate the commercial use of coin-operated amusement devices in the City of Overland Park, Kansas. (History: Ord. AD-1204 '1, 83) Definitions. Coin-operated amusement device - any machine which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement involving skill, chance, or both and whether or not registering a score. Cigarette and vending machines, juke boxes and automated children's rides shall not be included within the scope of this ordinance. Operator - any person, firm, association, partnership, or corporation who owns or is in possession of the premises on which any coin-operated amusement device is placed and kept for use or operation. (History: Ord. AD-1204 '2, 83) License required. Any operator displaying for public patronage or keeping for operation or use any coin-operated amusement device shall be required to obtain a license from the City upon payment of a license fee. (History: Ord.AD-1204 '3, 83; AD-816 '1, 74) 5-800
2 Application - Contents. Application for issuance of such license shall be made to the City Clerk and shall contain the following information provided on forms approved by the City Clerk: A. Name, date of birth, home address, social security number, driver's license number, and telephone number of applicant who shall be the operator of the premises. B. If the operator be a firm, association, partnership, or corporation, the name, date of birth, home address, social security number, driver's license number, telephone number, of the principal, and officers thereof. C. The address of premises where license is requested, the square footage of proposed operating area, the principal business conducted at that premises, and the zoning existing on the premises. D. Name, date of birth, home address, social security number, driver's license number, telephone number of manager of premises where license is requested if different from operator. E. Distributor, trade name, serial number and manufacturer of each coin-operated amusement device on the premises. If during the license period one or more coin-operated amusement devices are added to the premises, the licensee shall within 10 days of the addition, modify his/her license application to reflect the addition of the machine(s). If the addition of a machine increases the number of machines on the premises such that the total number is greater than the number of licensed machines reflected on the coin-operated amusement device license, then the licensee shall, within 10 days of the installation of the machine, pay an additional fee per machine as required in and obtain from the City Clerk a license reflecting the number of licensed machines on the premises. F. Certification under oath made by applicant that the information contained in the application is complete, accurate, and truthful to the best of the applicant's knowledge. (History: Ord. AD-1204 '4, 83; AD-816 '2, 74) Inspection of premises. Before any license shall be issued or reissued in the case of an applicant increasing the number of machines on the licensed premises during the license year, investigation of the applicant and inspection of the premises shall be made by the City Code Administrator, Police Department and such other City departments as may be deemed necessary to determine whether the applicant and the premises shall comply with the applicable building, zoning, fire, health, safety and sanitation codes. Before approval of the premises, the City Code Administrator must determine that the location of the amusement devices therein permits safe ingress and egress. (History: Ord. AD-1204 '5, 83) 5-801
3 Denial of License. No license shall be issued: A. To an operator who is less than 21 years of age. B. Where the operator, managing agent of a corporation, active partner of a partnership, manager or employee of the premises where license is requested has been convicted of any felony or any crime involving moral turpitude or minors or any offenses involving the sale and/or distribution of alcoholic liquor, cereal malt beverages, or any controlled substance within the past five years. C. Unless the premises housing the coin-operated amusement devices comply with applicable City ordinances and state statutes and regulations including but not limited to building code, zoning code, fire code, health, safety and sanitation codes. D. Unless the premises provide for safe ingress and egress. (History: Ord. AD-1246 '1, 84; AD-1204 '6) License fees; reimbursement. The City Clerk, upon receiving application for a coin-operated amusement device license if presented in due form, and upon being advised by the City Code Administrator that the premises conform to the requirements hereof, shall grant such coin-operated amusement device license to the applicant for a term expiring on the 31st day of December of each year. All such licenses shall contain the name of the licensee, the name and address of the premises, the date of expiration of the license and the number of machines licensed on the premises, and shall be authenticated by the signature of the City Clerk. The license shall be issued to a specific person, firm, association, partnership, or corporation for a specific location. A fee of $50.00 per year shall be levied upon each premises which displays for public patronage or keeps for operation coin-operated amusement devices. In addition, there shall be paid a fee of $20.00 per year per machine for coin-operated amusement devices located on the abovedescribed premises. Upon payment of the fees and approval of the license application, the applicant shall receive a license for the premises. All premises and machines shall be licensed as of January 1 of each calendar year. There shall be a 50% proration of all fees for premises and machines licensed after July 1 of any calendar year. There shall be no refund in any case where the licensee ceases operations prior to the end of a calendar year or when the license is revoked for any reason. If a licensed machine is removed from the premises during the license year, the coin-operated amusement device license shall remain effective but if additional machines are brought onto the premises such that the total number of machines is greater than the number of licensed machines reflected on the coin-operated amusement device license displayed on the premises, then the licensee shall amend his/her license application to include information requested in E for each additional machine and shall pay the license fee as required above for each additional machine
4 A coin-operated amusement device license shall not be transferable to another operator. (History: Ord. AD-1246 '2, 84; AD-1204; AD-816) Regulations. A. Any premises displaying coin-operated amusement devices shall have an adult attendant, at least 21 years of age, on duty during operating hours. B. The licensee shall not allow any person under 18 years of age to play or use any such device between the hours of 12 o'clock midnight and 7 a.m., unless such person is accompanied by a parent or legal guardian. Provided, however, that the foregoing restrictions shall not apply to adult-supervised private parties if the following information is provided by the sponsoring individual or organization to the Chief of Police at least ten days prior to the occurrence of the private party: 1. Names and addresses of supervisors, who shall be at least 21 years of age. There shall be provided at least one supervising adult per 20 persons under 18 years of age who will have access to coin-operated amusement devices; 2. The beginning and ending time of the private party; 3. The location of the private party; 4. The approximate number of persons in attendance who are under 18 years of age and will have access to coin-operated amusement devices. C. Each licensee shall, at all times, during business hours, open each and every portion of the licensed premises for inspection to City departments for the purpose of enforcing any provisions of this ordinance. D. The licensee shall not permit, at any time, the blockage or obstructing of any portion of the means of egress including aisles, corridors, stairways or egress doors. Such means of egress shall at all times be maintained in a safe condition and shall be available for immediate use. E. Each licensee shall, at all times, display the license granted hereunder in a conspicuous place near the entrance to the licensed premises. F. Upon a change of manager in charge of the premises, the licensee shall, within ten regular business days, give the City Clerk written notice of such change by actual delivery or by registered or certified mail. The licensee shall thereafter, as promptly as practicable, but in any event within five regular business days, provide the information concerning the new manager which is required in of this ordinance. (History: Ord. AD-1246 '3, 84; AD-1204; AD-371) Conduct on premises. No operator or licensee, by himself or herself, directly or indirectly or by any servant, agent or employee shall: A. Permit the possession or use of any alcoholic liquor or cereal malt beverage on the premises, nor shall the licensed premises be accessible in any way to any place where 5-803
5 alcoholic liquor or cereal malt beverage is kept, sold, distributed, or given away. This provision shall not apply where the premises is also the premises of a duly licensed private club or tavern or where the premises is duly licensed for the sale of alcoholic beverages or cereal malt beverages. B. Permit violation of applicable City and state building, zoning, fire, health, safety and sanitation codes and regulations. C. Permit the possession or use of any controlled substance on the premises. D. Permit conduct made illegal by any law or regulation of any governmental entity. (History: Ord. AD-1204 '9, 83) Revocation or suspension. The Governing Body may revoke or suspend any license issued in accordance with this ordinance for any violation of any condition of this ordinance after having given the licensee notice and an opportunity to be heard on why said license should not be suspended or revoked. The City Clerk shall give notice at least ten days in advance of the hearing by certified mail to the licensee at the address of the licensed premises listed on the application. Said notice shall advise the licensee of the time and place of the public hearing and the reasons why suspension or revocation is being considered. (History: Ord. AD-1204 '10, 83; AD-371) Reasons for revocation or suspension. The Governing Body may, after notice of hearing as above provided, revoke or suspend such license for any of the following reasons: A. Licensee has fraudulently obtained the license by giving false information on the application therefor. B. If the licensee has violated any of the provisions of this Act. C. If the licensee has become ineligible to obtain the license. D. If the licensee has failed to pay any fee due to the City. E. If the licensee knowingly employs any person who has been convicted of a felony or of any crime involving moral turpitude or minors or any offense involving the sale or distribution of alcoholic liquor, cereal malt beverage or any controlled substance within the past five years. F. Permitting the sale, consumption, possession or use of any controlled substance on the premises. G. Permitting the sale or consumption of any alcoholic liquor or cereal malt beverage on the premises except where the premises is also the premises of a duly licensed private club or tavern or where the premises is duly licensed for the sale of alcoholic beverages or cereal malt beverages. H. Permitting conduct made illegal by any law or regulation of any governmental entity. I. Permitting any condition in violation of the health, safety, building, zoning or fire codes of the City of Overland Park or the state of Kansas. (History: Ord. AD-1204 '11, 83) 5-804
6 Appeals and future licensing. Within 20 days after the order of the Governing Body revoking or suspending any license, the licensee may appeal to the district court and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending any such license shall not suspend the order of revocation or suspension during the pendency of any such appeal. Provided further that no person who has had a proprietary interest in a licensee whose coin-operated amusement device license is revoked as hereinbefore provided, or any person acting for or on his behalf, shall be granted a license for the operation of coin-operated amusement devices within the City, for a period of 180 days following the date of revocation of the license; provided further that no person who has had a proprietary interest in a licensee whose coin-operated amusement device license has been revoked as hereinbefore provided shall be employed in a place of business which has for operation coin-operated amusement devices on the premises, for a period of 180 days following the date of revocation of the license. (History: Ord. AD-1204 '12, 83) Existing facilities. Operators offering the use of coin-operated amusement devices to the public on the date this ordinance first takes effect may continue such operations provided that they comply with all terms of this ordinance for the licensing year commencing January 1, (History: Ord. AD-1204 '13, 83) Penalty. In addition to any administrative action suspending or revoking a coin-operated amusement device license pursuant to ' and ' , any person, firm, association, partnership, or corporate entity violating any of the provisions hereof shall be deemed guilty of a public offense, and upon conviction thereof, shall be subject to a fine not exceeding $500 for each offense. Each day of the violation shall be considered a separate offense. (History: Ord. AD-1204 '14, 83; AD-371) [Next Page is 5-900] 5-805
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