Loading...
Ordinance 076• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 76 MECHANICAL AMUSEMENT DEVICE ORDINANCE On January 23, 1984, the Chanhassen City Council adopted a Mechanical Amusement Device Ordinance. This summary is being published in lieu of publication of the entire ordinance. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk at the Chanhassen City Hall, 690 Coulter Drive, Chanhassen, Minnesota. The ordinance requires all businesses to obtain a license for any mechanical amusement device such as pinball machines, electronic games of skill, video games, etc. The ordinance establishes standards for license applications, the requirement of a license and fee for such, and setsforth regulations which must be followed by a business seeking such a license. The penalty section of the ordinance provides that are a misdemeanor and subject to a $700 penalty and/or jail including license revocation. The ordinance is in force commencing on July 1, 1984. Don Ashworth City Manager (Publish in the Carver County Herald on May 30 violations 90 days in full 1984). I .. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 76 AN ORDINANCE REGULATING AND LICENSING MECHANICAL AMUSEMENT DEVICES AND ARCADE AMUSEMENT CENTERS AND PROVIDING A PENALTY FOR VIOLATION THEREOF THE CHANHASSEN CITY COUNCIL ORDAINS: 1.01. Definitions: The following terms, as used in this section, shall have the meanings as stated: a. Mechanical Amusement Device. A mechanical, elec- trical or electronic machine which upon the insertion of a coin, token or slug, operates or may be operated or used for a game, contest or amusement of any description and which con- tains no pay off in money, coins, checks or merchandise other than free game(s) at the same machine. Such item includes but is not limited to pinball machines, fooseball tables, pool tables, bowling machines, shuffle boards, electric rifle or gun games, minature mechanical or electrical games patterned after baseball, football, basketball, hockey, soccer or similar games, and video games. This term does not include food vending • machines, juke boxes and devices designed and exclusively used as rides for children. b. Owner. A person engaged in the business of selling, servicing, placing or leasing mechanical amusement devices on premises of more than one operator. C. Operator. A person operating an establishment in which a mechanical amusement device is located. d. Amusement Arcade. A business that has five or more mechanical amusement devices at one location. 1.02. License Required. It is unlawful for any owner or opera- tor to keep or maintain a mechanical amusement device for use by the public or to operate an amusement arcade without a license therefore from the City. A separate license shall be required for all amusement arcades in addition to mechanical amusement device licenses. This section shall not apply to mechanical amusement devices held or kept in storage or for sale and which are not actually in use or displayed for use or to mechanical amusement devices located in a private dwelling and used exclusively for private entertainment. 1.03 License Application. Applications for a mechanical • amusement device license and amusement arcade licenses shall be made in writing to the City Clerk and shall be verified by the applicant and accompanied by the license fee required below. • License applications shall be reviewed and approved or denied by the City Manager. Arcade Amusement Center license applications shall be reviewed by the City Manager, accompanied by his recommendation, and be presented to the City Council for final approval. The City Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the application. All amusement arcades shall have on duty a full time attendant. The application shall contain such information as may be required including, but not limited to, the following: a. The names and addresses of the property owner, the business owner, the lessee, and the operator and the names and addresses of the owner and lessee of the amusement device. If any of the above are acting on behalf of the corporation, the names and addresses of the officers and board of directors shall be filed with the application. b. The name and address of the manager or managers who will supervise the licensed activity. C. The address and location of the place where the arcade amusement center and/or amusement device will be operated. d. The number of devices to be covered by the license. • e. The hours of operation. f. Whether any of the persons listed in the application have been engaged in the business of operating an arcade amusement center in the last five (5) years. g. Whether any of the persons listed in the application, as required by this section, have been convicted of a crime or have had an application for an arcade amusement license denied, revoked, or suspended within the last five (5) years. h. In addition to the above, the applicant shall submit at the time of the application, a site plan of the premises showing location of amusement devices, sanitary facilities and parking provisions for vehicles and bicycles. i. Such other information as the City Council may require. 1.04. License. A mechanical amusement device license and amusement arcade license shall be issued by the City Council after the properly completed application has been approved, the license fee has been paid and all special conditions have been complied with. The annual license fee shall be determined from time to time • by the City Council. -2- 1.05. Transferability. • a. Licenses issued under this chapter shall permit a specific number of devices to be operated on the premises. Devices may be interchanged under the license so long as the total number of devices does not exceed the number for which the license was issued. b. Licenses are issued to the applicant only and for one location, and such licenses are non -transferable between persons or locations. 1.06. License Fees. a. The annual mechanical amusement device license fee shall be established by resolution of the City Council, but shall be based on the number of devices covered by a particular license. There shall be no additional fee for an amusement arcade license. b. All licenses shall expire on the thirty-first day of December following their issuance. C. Exemption. Businesses holding a valid and current on -sale City liquor license will not be required to be licensed as an arcade, but will be required to obtain a mechanical • amusement device license for each such mechanical amusement device offered for use or kept on the licensed premises. • 1.07. Regulations. All licencees and any person having control of the premises upon which a mechanical amusement device is kept shall be responsible for seeing that the following regulations are complied with: a. That the licensed places of business, including off -premises activity in the immediate vicinity and attributable to the business, shall be operated so as not to constitute a public nuisance. b. That order shall be maintained on the licensed premises at all times. C. That the licensed premises shall not become over- crowded so as to constitute a hazard to the health or safety of persons therein. The Inspection Department may designate the maximum number of persons to be permitted on the licensed premises. d. A full-time adult attendant shall be upon the licensed premises of all amusement arcades during business hours. -3- • e. No intoxicating liquor or non -intoxicating malt liquor shall be sold, offered for sale, or knowingly be permitted to be sold or offered for sale or to be dispensed or consumed or knowingly brought on the licensed premises unless the premises also has a valid intoxicating liquor or non -intoxicating malt liquor license. f. Illegal activity of any sort shall not knowingly be permitted on the premises. 0 0 g. Noise levels shall be maintained so as not to cause disturbance or nuisance to others in the vicinity of the ma- chines. The machines shall be placed so that the part of the machine from which the sound emits shall not be within five feet of the front entrance of the place of business, and at no time shall a music machine be placed so that the sound is disturbing to the public in the street or to other persons occupying the building in the immediate vicinity. h. No licensee, nor his employees or agents, shall knowingly permit a minor to be present on the premises in viola- tion of City curfew laws or knowingly permit a person under the age of 16 years to be present on the premises when school is in session unless on a valid, excused absence. i. Only mechanical amusement devices with a current, valid Chanhassen City license may be offered for use or kept on the licensed premises. 1.08. Inspection of Premises. Before any amusement arcade license shall be issued, inspection of the premises shall be made by the City Inspection Department, the Fire Marshall, and such other City departments or agencies as may be deemed necessary to determine whether the applicant and the premises fully comply with all pertinent ordinances and regulations. All law enforcement personnel of the City of Chanhassen shall have the right to enter said premises at any time during normal business hours, for the purpose of enforcement of the terms of this article. 1.09. Penalty. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misde- meanor, and subject to a fine of not to exceed $700.00, or imprison- ment for a period not to exceed 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of license. 1.10. Severability. If any part of this adjudged to be invalid by a court of competent judgment or decree shall not affect or impair this ordinance. -4- ordinance shall be jurisdiction, such the remainder of U Ow 1.11. Effective Date. This ordinance shall be in full force and effective July 1, 1984. Passed and adopted by the City Council of the City of Chanhassen this 23rd day of January , 1984 . ATTEST: J Don Ashwort , City Clerk -/Manager Thomas L. Hamilton, Mayor Published in the Carver County Herald on May 30 1984. (summary ordinance published) -5- Affidavit of Publication abcdefghijklmnopgrstuv 61 Subscribed and sworn to before me this l day of may ,19 (Notarial Seal) NOTARY PUBLIC -- MINNESOTA J CARVER COUNTY ••*A':r.••�' My Commission Expires Feb. 6, 199 Notary public, '� ° 19 a .�. My Commission Expires —i_ State of Minnesota ) )SS. County of Carver ) . �rlraw�r►f - ` II ill �1 Stan R o l f s rud , being duly sworn, on oath says that he is and during ,A all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- ORDINANCE NO. 76 AMCAL DEVICE mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a ORDINANCE" weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no On January 23, 19M, the Chanhassen City Council more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues adopted a Mechanical Amusement Device Or- each year, has 50 percent of its news columna devoted to news of local interest to the community which it purports to dinanoe. This am wary is being published in lieu of publication of the entire Ordinance. A printed copy of serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in the ordinance is available for inspection by any per- - and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat - son during regular office hours at the office of the ci. ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies ty clerk at the Chanhassen City Hall, 960 Coulter the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said Drive, Chanhassen, Minnesota. newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated The ordinance requires all businesses to obtain a license for any mechainical.amurement device such association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of as pinball maw, electronic gmes of .sM video gam'The otdirornce estaNishes standards for State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that license applications, the r."Numof a license and fee for such; and sets forth regulations which ihust be the newspaper is a legal newspaper. �� followed by a business seeking such a license. The pwWV section of the ordinance provides that violations are a misdemeanor and subject to a $700 No. o . 6 M @ C ha n i c a l He further states on oath that the printed Or7 s penalty and/or 90 days in jail including license revocation. The ordinance is in full force commenc- Amusement Device Ordinance hereto attached as a part Ing on July 1, 1984. Dan Asbwordi hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once t city (Pub. Vie, County�� (253): week, for �- successive weeks; that it was first so published on '��e d the �� day of M"19 -.pnd was thereafter printed and published on every Wed . to and including the _� day of 19_01pnd that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuv 61 Subscribed and sworn to before me this l day of may ,19 (Notarial Seal) NOTARY PUBLIC -- MINNESOTA J CARVER COUNTY ••*A':r.••�' My Commission Expires Feb. 6, 199 Notary public, '� ° 19 a .�. My Commission Expires —i_