HomeMy WebLinkAbout1982 Ordinance No. 049I
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cruJINANCE NO . 4 9
SERIES OF 198_2 __
BY AlJfHORITY
COUNCIL BILL 41. l
IN'fRODUCED BY COU"lCI L
M™8ER FITZ PATR I CK
AN vRDINANCE /\MENDING 'rITLE IX, CHAF'rER 2 , OF THE l:lY.!LE.WOOD
MUNICIPA L CODE OF '69, AS /\M EN DED , BY RE PEA LING AND REENACTING
SECTIONS l TIIROI.X,H 8, INC LUS IVE, AN D ADDING NEl<I SECTIONS 9 THROUGtl
19 , I NC LUSIVE , RE LATING '1'0 'lllE C:Wl'ROL OF AM US EM ENT ES'l'AB LIStlMEN'l"~,
COMMONLY KNCl,/N AS "JIMUSEMENT DEVICES cruJINANCE", AND DECLARING AN
EMERGENCY.
WHEREAS, there exists a proliferation o f Amusement Ce nters in
the City of Engle""od ; and
WHEREAS , the r e is a need to mon i tor and cont r ol Amusement
Ce nt e r s ;
NCI,/, THEREFORE , BE IT OID'\INED BY THE CITY COUNCI L OF THE CI TY
OF ENGLEWOOD , COLORADO , AS FOLLCl<IS:
Section l. Subsecti ons l through 8 , i nclusi ve , of Q1apter 2 of
Title IX of the '69 Engle-ood Municipal Code is hereby amended to
r ead as follows:
9-2-1 : TITLE
This Or dinance shall be known as the Englel,\Ood Amusement
D?vices Ordinance .
9-2-2: DEF INITIONS
As used in thi s Ordinance of the Municipal Code of the City
of E}Jgle""od:
(a) "Amuse men t arcade " shall mean a place or establ i shme nt
at one location whe re an individual , association , partnershi p, or
co rpo r ation maintains more than fifteen (15) amusement dev i ces.
(b) "Amusement cente r" shall mean a place or establi5hment
at one location \okle re an indiv id ual , associa ti on , partnership , or
corporation maintains fifteen (15) or l ess amuseme nt devices ,
either as a sole busi:iess o r in conjunction with some othe r
business .
(c) "Amusement devices " shall mean any dev i ce which upon
insertion of a co in, slug , token , place , or di sc , or payment of a
conside r a tion directly therein , may be used by the public as a
gain , entertainment , amus eme nt , a test of skill , e ithe r mental or
physical , whether or not r egistering a sco r e , and shall include ,
but not be limited to , pool tables , snooke r tables , foosball
tabl es , electronic games , coin-ope rated movies , and pinball
machines of eve r y k ind and desc ripti o n , but shall not include
radi os , devices that provide music only , tele vi s ions ca rrying
corrme r cial broadcasts only , devices fo r bowling s uch as bowling
l anes, non-co in-ope r ated pool and bill iard tables , o r fixed-sta nd ,
co in-ope r ated kiddie rides.
(d ) "App l i c ant" shall mean any indi vid ua l , s sociat ion ,
partne r ship or co r poration r equesting a license pur s uant to this
(f) "Manager" shall mean an ind ividual ..t\o manag es , directs , chapter .
s uper vises , oversees , and administe rs the acts and transactions of
t he agents or servants of any establi shme nt gov e rned by t h is
~h apter o r \<Alo , through hi s o'w!'l act ions , directs, oversees , and
administers the affairs of any s uch establishment.
9-2-3 : LICENSE REQJlRED
(a) No amusement a r cade or center shall conduc t buS i ne ss
within the City wi thout a valid license as provided herein.
(b) No amusement a r cade o r cente r shall conduc t busir.~ss
within the City witho ut paying the annual fee placed upon a.1 ;JSement
devices required by 9-2-8 .
(c) Any amusement a r c ad e o r cente r ..tli ch holds a 11-;,o r
license g ranted by the City of Engle\,IJ()(} is not subject to the
r equirements of 9-2-4 of thi s Ordinance but i s subject to all
requirements in 9-2-8 of this Ord inance .
9-2-4 : LICENSE APPLlCA'l'lOl'I
The application fo r an amusemen'-arcade o r amuseme nt cente r
license shall be made t o the Di r ecto r of Finance and shall be
accompan i ed by the fee required by 9-2-8 and s hall contain the
foll ow i ng in fo rmation:
(a) the name and address of the establishment;
(b) the name , add r ess , age , date and place of birth , federal
identification number and Soc ial Security numbe r of the
applicant (s ) and manage r (s) o f the establis hment ;
(c) prior felony convictions , incl ud ing nolo contend re pleas
o f the applicant(s) and manage r (s);
{d) prio r misdemea no r convictions involv i ng rooral tu rpitude ,
including nolo con t end re pleas , of the a pplicant (s) ,ma
manage r (s);
(e) \o/nere applicant is a corporation, associ..:i t ion ,
partne r ship , or private club , the info rmation requ ired in
parag raphs (b), (c ), (u) shall be fu rnished as to each off i cer of
the associa tion , each partner o a partne r shi p , each officer of the
co rporat i on , each member o f the boa r d of di r ecto r s of the
coroorat i on , and the holders o f t en pe r cent (10%) o r mo r e of the
co r porate stock of any class ;
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(f) Evidence from the department of Coimluni ty De ,eloµne nt of
the City that the loca tio n of the pr oposed amuseme ,,c arcade meets
all of the wning requirements of the City;
(g) Copy of a lease or proof of ownership by the applicant;
(h) '!'he number of amusemen t dev ices t o be maintained at the
amuse-ent arcade.
(i) Any additi onal in fo nnation requested by the Direc t or of
Finance r easonably needed t o enfo rce thi s Ordinance .
9--2-5 : LIC ENSE APPROVAL
(a) Appli c ation fo r the license required by 9--2 -4 shal l be
r eviewed by the Director o f Finance . '!'he Directo r o f Finance shall
have an invest igation conducted by t he police de l-'i'rtment sufficient
t o veri fy all the information required by this chapte r . On
com pletion o f thi s inve stig1tion , the Di r ector of Fi nance shall
el the r approve or disapprove the applicat ion .
(b) No license shall be issued t o any appl l eant un less
approved by the Di r ecto r of Finance. The Directo r of Finance shall
refuse to issue any license for an amusemE:"lt a rcade o r amusement
center if the Director of Finance find s any o f t he (ollowing:
(1) That the applicant i s under the age of twen ty-one
yea rs .
(2) That any uesignated manage r i s unde r t he ag o(
twe nty-one yea r s .
(3) That t he appl ican t , manage r, v r either of them , ha s
kno wingly o r i ntentionally made fa l se s t ateisen ts in the
applicat i on .
(4) That the appl i cant , manager , associdtion officer ,
any pa rtne r o f a partner ship , off i cer of the co r pora i o n , membe r of
the board of d irecto r s o f the co rporati on , o r d 1oi or mo re
sha r eholder of the co rporati on lacks good rro r al charac t e r . Th e r e
is a r ebuttable presumpti on that the pe r so ns lac ks good mo r a l
charac ter if that pe rson has been conv i c t ed o( a fe l ony o r mis-
aemea no r involving roo ral turpitude . (5) The appl i cant manag e r , any assnc 1aL i on of f icd, an y
pa rtne r o f the partne r s hip , any office r o ( the co rpo raL ·on, any
membe r ot: ;:he OOar d of d irectors a( Lhe co r po r ation , or any 10% or
mo r e share~.o lder of the co rporat i on ha s had a licens e fo r such
busi ,,ess r evoked , s us pended , or deni ed within t1,Q (2 ) years prio r
t o the applicati,:m o r has been delc rmined Lo be a nuisance within
t"" (2 ) yea r s pri M t o th~ dpplication .
(6) 'Ihat the pr oposed amus eme nt arcade or ainuseiaent
center ls located withi n five hundred (500) feet of the bou ndary of
any public o r pa roch ial school grounds , said distance to be
computed by di r ec t measu r ement from the nearest property line of
the land used fo r school purposes to the nearest portion of the
bu ilding i n \oktich the amuseme nt arcade o r amusement center is
loca t ed .
(7) '!'hat the pr opo sed amusement arcade i s located within
one thousand (1 ,000) feet of another amuseme nt a rcade .
(c ) That the sections 9-2-5 (b) (6) and (7) are not appli :able
to amusement ar cades o r centers in ex i stence pr ior to Cecembe r 6 ,
1982 .
9-2-6 : LICENSE TERM
All licenses granted pursuant to this chapter shall be fo r a
term of one (1) year . said term shall conrnenc e on January l of
each year and te r minate on Decembe r 31 of the same year .
Applicati ons for a license occurring at any othe r time du r ing the
year shall be treated the same as if they .,,re made for one
calendar year and s hall terminate on the same date as all other
licenses issued for the same yea r and no prorati on s hall be
perm itted .
9-2-7: LICEN SE llE NEWAL
Re ne wal of any o f the licenses granted pu r suant t o thi s
chapte r may be had by payment of the license fee along with a
s tatement that the information listed on the orig inal license
applicat i on i s st ill true and co rr ect , ur a statement li st ing those
items o f in formation required for a license application lo.ttich have
changed in the yea r since the license was g r anted o r l ast rene..,d .
f'ailu r e t o r ene w a license in a timely manner shall be gro unds fo r
te r mi nation and revoca tio n of sa id license and shall be g r ounds for
failu re to renew said license .
9-2 -8 : LI CENSE FEES
Fees for persons licensed und~r the provis ions of th is
chapter a r e as foll ows :
(a) Amusement a rcade annual fee . Applicants o r holder s of
an amuse ment arcade license shall pay a yea rly fee o f Thi rty-five
Cb llars ($35) per amus ement device maint ained upon t he premi ses .
(b) Amusement center annual fee . Applicants o r holders of
a n amusement cente r license shall pay a yea r ly fee of Se venty
Collars ($70) per amusement device maintai ned upon the pr emi ses .
(c) Amusement a r cade and amusement cente r, investigation
fee. Applicants for an amus,ement arcade license shall pay an
initial investigation fee of Cne Hundred D,illars ($100 ) to cover
the cost of investigation required by this chapter .
(d) Additional devices acquired during license period, All
a pplicants and holders of amusement center or amuse e.e11t arcade o r
amusement prerr,i se licenses shall r epo rt to the Dira:tor of Finance
the addition of any amuseme nt devi ce o r devices to their premises
within fifteen days of said addit i on and tender to t he Director of
Finance at that time the fee of Fi fty °'>lla r s ($50) for each
addit ional amuseme nt device for the remainder of the original
license period. Replacement of a device with another device l s not
an additional amusement device . Failure to repo rt additional
amuseme nt dev i ces to the City Cle rk shall con.,Utute a violation of
this chapter and be grounds for revocation o r s uspension o f the
license g r anted pursuant to this chapter.
The Di r ector of Finance shall issue a r eceipt for the
payment of these fe es .
Sect ion 2, The '69 Engle.ood Municipal Code is hereby amended by
adding new subsections 9 through 19 , inclus < ,e , of Chapter 2 o f
Title IX t o re ad as fo llows:
9-2-9 : DIS PLAY AND mANSFER OF LI CENSE
'!he holder of any license or rece ipt issued pursuant to tt.e
terms of this chapte r s hall be subject to the following:
(a) The licen se shall be permanently and conspiciously
displayed near tne device licensed .
(b) Any change in ownership o r management o f an amusement
a rcade o r cen t e r mLLSt be r P(X>rted to the Director of Finance within
(seven) 7 business days following such chang~.
(c) Any license or receipt issued pur suant to the terms of
this chapter shall not be transferable to any other location in the
City . In the even t of transfe r of own e r s hip of the business at the
same location fo r vtlich a license o r t ax receipt i s issued pursuant
t o the t e rms of thi s chapLer , a license may be transferred to the
new owner of the business ; provided , ho"-'?v e r , tha t application
therefor stating the samP. in formation as required by 9-2-4 is first
presented to the Director of Finance fo r approval o r d i sappr oval.
Approval or disapprov al of such trans(e r shall be upon the same
te rms as approval o r di:;approval of a 1 icense under the te rms of
this chapter .
(d ) The transfe ree of a 1 icense under this cha pter shall pay
an additional annual fee as requ ired by 9-2-8 when the license has
been transfer red during the calenda r yea r.
(e) \'1lere any licensee has a change in manager or managers
of his establishment, and a new manager t.as not previously been
approved as a manager by the Director of Finance, he shall be
presented by the holder of the license c r shall present himself to
the office of the City Clerk for a background investigation. AA
additional investigation fee of Seventy-five Dollars ($75 ) shall be
paid by the amusement arcade or cente r employing the new manager.
9-2-10 : GAMll LI NG PROHIBITED
Nothing in this Article shall be construed t o permit any
unl awful gambling o r wa ge ring within the City.
9-2-11: HOURS OF OPERATION
No establishment licensed pursuant to this hrticle shall
allow opera tion of any amusement device between the hours of 2:00
A.M. and 7 : 00 A.M.
9-2-12: CURFEW: MINORS
No c hild und.ar eighteen (18) yea rs of age shall ente r o r
remain in an amusement arcade or ce nte r subsequent to the hour of
11 :00 P.M. o r prior t o the hour of 5:00 A.,1 ., except for l awfu l
employme nt or unless there exists a reasonable necessity therefor ,
or, such c hild is accom pa ni ed by the pa r ent, gua rdian or other
person ove r twenty-one (21 ) yea r s of age having the permission of
the par ent or gua r dian to have the custody and ca r e of s uch child,
or by any person between the ages of eighteen (18) and twenty-one
(21) years having in hi s possession writte n pe rmissi o n from t he
parent x guardian t o have the care or custody of such child ;
provided that on Friday and 5aturday nights , the curfe w hour for
said ch1:dren shall be extend ed t o 12 : 00 P.M.
9-2 -13: LIGHTING
Amusement Ar cade,. shall have reasonab le and safe lighting at
all times so that all pat ron s are easily r ecogn i zabl.a and all
activities within the arcade are easily identi(1able . The purpose
of this section is to de ter illegal activ ity within the arcade as
defined by the Englewood Municipal Ordinances o r the laws of the
State of Colc-r ado o r t he United States .
9-2-14 : LICENSE SUSPENSION , REVOCATION , DENIAL
(a) The Director of Financ e shall either suspend , revoke , o r
deny any license g r anted pur suant to this Article upon a finding of
any of the following facto r s :
(1) That any of the amusement deviLes maintained upon
the premises a re being used for gambling purposes .
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(2) That r e peated di s turbances of publ i c peace have
been occurring within the licensed esta blishme nt o r upon any
parking a r eas , sidewalks , walkways , access ways o r grounds
irrmediately ad jacent to the licensed pr emises i nvolving pa trons ,
employees , or the holder of the license of the establis hmen t .
(3 ) '!'ha t the holder of the license o r any empl o yee
thereof i s illegally offer i nq fo r sale, or illegally allowing t o be
consumed upon the licensed premi ses , or upon any pa r king a r eas ,
s i dewalks , walkways , access ways o r grounds irrmediatel y adjacent to
the licensed 1;,em i se5, any controlled substance defined in C.R.S.
1973 , 18-18-)0!,,
(4) That .tle r e not spec i f i cally author i zed by l aw ,
malt , vinous , o r spirituo1_s beve rages a re being consumed on the
pr emises with 0 r wi thout t'1r, c<:''1S ent of the owne r by patrons of the
licensed e..;La'->lishment o: \..•·,L:• ~uch beverages a r e being consumed
by pat r ons o( the estab1 is •.ar,L upon any parki ng ~r eas , s idewalks ,
walkways , access ways or ':J<v .. nds i 111nediately adjacent to the
licensed pr emises .
(5) That the holder of the license or ,m dpp r oved
11\., ;er is not upon the licensed pre111ises at all times dur i ng
the o perating business hou r s .
(6) '!'hat amusement devices have been installed and /or
a r e being operated on the premises of any Jr.iusement a rcade o r
amusement center fer .tlich the fee required by 9-2-8 he r eof has not
been paid o r for .tlich application has not been made pursuant t o
9-2-4 he r eof .
(7) Tha t any amusement center or amusement arcade i s
being mai ntained in such a way as to violate any buildi ng code ,
zoning , o r public heal th r equirement imposed by city, county o r
state o rd inance , l aw o r regulation , o r any other provision of city
o rdinance , o r state o r federal! law .
(8) '!'hat any license required to be r enewed has not
been re newed in a timely manner as pr esc ribed in thi s Arti cle .
(9) '!'hat any prov i sions of this Article has been
violated by the owner or manager of the amusemen t arcade , amusement
cente r, o r t hat either such owne r or manag e r has knowingly allowed
the violation of any provision of ti1is chapter to occur.
(10) '!'hat the use of the amLLsement dev ices in the
licensed establish:nent occurs dur ing the ho ur s .tlere s uch operation
i s prohibited pu r sLLant to Section 9-2-11 or 9-2-12 .
(11) That the holder of a license has been convicted of
a felony o r misdemeanor involving rroral turpitude . No l o contend re
pleas are treated as convictions .
(12) That the distances required in 9-2-S (b\ (6) and
9-2-S(b) (7) has not been followed.
(b) Nothing in this chapter shall prohibit the C' ty from
taking any othe r en forcement ac tion provided for by this Code o r
the laws of the State of Colorado o r of the United States .
9-2-15 : APPEAL FRO>I A LICENSE SUSPENSI(J,j ,
RElll'.X:ATION CR DEN IAL
Any deci s i o n of the Director of Finance specified in thi s
Section may be applie d by a ny aggrieved party to the Ci ty Co uncil
by the filing o f a written notice of appeal no l a ter than twenty
(20) days afte r the date of the Director of Finance deci sion . Upon
rece ipt of s uch a not i ce of appeal, the appeal s 11 be placed on
the City Counci 1 's or designee' s agenda and shall be heard as a
public hea ring . Any appeal from the City Council's or designee's
decision shall be t o Arapahoe Count y Di s trict Co urt.
9-2-16: VIOLATION; PENALTY
Any indiv i dual , association , pa rtne rship or corpo ratio n
which is cor.vic t ed o f a violation of any provision of this chapter
shall be f ined in a sum of not IOCl r e than Thr ee Hundred Collars
($300) or shall be impri soned not to exceed ninety days , o r s ha ll
be bo th so f i ned and i mpr i soned •
9-2-17: EFFl::CTIVE CY<TE
All amusement a r cades o r amusement cente r s must apply fo r
the appropr i a t e l icense within one hun d r ed twenty (120) days aft e r
th~ effective date of this ord inance . All amusement premises must
pay the appr opri a t e lice nse fees wi thin one hundred twenty (120)
days afte r the ef fective date of thi s o rdinance . ll1e effec t ive
date of th i s ordinance is December 6 , 1982 .
9-2-18: SEVEHt.BI LITY
If fo r any reason any one o r more sect i o ns , sentences ,
clauses, o r i;:arts of this Ord inance ar e held inva lid , such
invalidity shall not affect , impair, o r in·,alidate the r ema ining
prov i sions of this Or d inance . It i s the intent of the City Counc il
that the pr ovis i ons of the OtJinance shall be seve r able .
Sec ti on 3. 'Illis Ordi nance is necessa ry fo r the immed i a t e
prese rvti on of the public health a nd safe t y a nd an emerg e ncy ex i sts
by r eason of the fact that th e enactmen t of thi s Ordi na nce i s
necessa ry to the o r de r ly and effi ;i e nt adm in istrati on of the
bus iness within the Ci ty of l:llgl e ..,od ; the r e fo r ~, t his Or dinance
shall take effect followin g adoption i lllned i ately upon the s i g natur e
of this Ordinance by the f\ayo r approv i ng t he same .
Introduced , read in full and passed on fi rst reading o,, ~ne
4th day of October, 1982 .
Published as a Bill for an Ordinance on the 6th day of
October , 1982 .
Read in full as amended on the 15th day of November, 1982 .
Published in full as amended on the 17th day of November ,
1982.
Read by title and passed on fi nal reading on the 6th day o f
D:,cembe r , 198 2 .
Publ ished by title as Ordinance No.~, Ser ies of 1982 , on
the 8th day of December , 1982 .
/s / Eu ge n e L. Otis
El."'Jene L. Oti s , Mayor
Attest:
/s / Ga ry R. Higbee
ex o fflc10 Cl ty Clerk-Treasurer
I , Ga r y R. Higbee , ex officio Ci t y Cle rk-'rreasure r of the City
of Engle.ood , Colo rado, he reby cer~ify that the above and fC'regoing
is a true , acc urate and complete copy of the Ord inance pa s s ed on
f ina l reading and PJblished by title as Ordinance No . 4 9 , Se ri es
o f 1982 . --
/s / Gary R. Higbee
Ga r y R. Hi gbee