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Home My WebLink About1996 Ordinance No. 046• • • ORDINANCE NO. !&, SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPTERS 2A, AND 2B, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINlNG TO AMUSEMENTS, PUBLIC DANCES AS WELL AS AMUSEMENT DEVICES AND RE-ENACTING A NEW CHAPTER 2, AND WHICH REMOVES AMUSEMENTS FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF IJCENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council established a temporary suopenaion or moratorium of miac:ellaneoua busineu licenses for a period of lix months with the p8Bsage of Ordinance No. 25, aeries of 1996; and WHEREAS, the moratorium or temporary suspension included amusement licenses ; and WHEREAS, amusement licenses are required to ensure that qualified penona provide amusemento and public dances to the public; and WHEREAS, the changes made to this Chapter include removing repetitive language, changing how fees are determined and set, removing contradictory language, removing Articles A and Band incorporating them into on Chapter, aa well as clarifying the language and terms used; and WHEREAS, a separate license for amusements is necessary due to the attraction this activity has on young people and the potential for criminal activity (e.g . gambling) that may result when this activity is not regulated ; and WHEREAS, manager■ of amusement establishments are registered to ensure individuals with backgrounds that present a danger to children are screened from being involved in this licensed activity; and WHEREAS, the Cily shall inspect 1.oe premises for public dances and balls to ensure the safety oflarge gatherings of the public; and NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 2A and 2B, of the Englewo,d Municipal Olde 1985, by repealing and re- enact..ng Chapter 2, to read as follows : Definitions CBAPmlll AMUDMENT8 SECTION: 5-2-1 : ·,-2-2: 1-2-3 : License Rl!q\lind Application For Licen1e 5-2-4 Special Conditions And Restrictions Of The License 11-S-l: DEFINITIONS: IN ADDfflON TO THE DEF!NITIONS USTED 1N E . M. C. 5-1-1, AND FOR THE PURPOSE OP T"dlS CODE IN ALL MA'n'ERS RELATING TO THE LICENSING OF AMUSEMENT ESTABLISHMENTS AND PUBLIC DANCES AND BALL..., THE FOLLOWING TERMS , PHRASES, WORDS , AND THE DERNATIONS SHALL HAVE THE MEANTNGS HEREIN: AMUSEMENT ARCADE: AMUSEMENT CENTER: AMUSEMENT DEVICE(S): A place or eatabli1bment at one location where an individual, uaociation , partnership, company, or corporaao,, maintains more than fifteen (15) am\18 ement devices . . .. A place or .. tablisbment at one locaaon where an individual , aaaociation, partnership, company, or corporation maintains fifteen (15) or fewer amusement devices, either u a sole business or in conjunction with aome other businer .... Any device which, upon insertion o{ a coin, slug, token, plate or diac , or paymmt d a consideration directly therein, may be used by the public for entertainment, or amusement, that incorporates a test of skill, either mental or physical, whether or not registering a score, and shall include, but n ot be limited to, pool tables, snooker tables, foosball tablea, electronic games, and pinb al l machines of every kind and description . AMUSEJ\1ENT ESTABLISHMENT: An amusement arcade , amusement center, itinerant •how, public dance or hall, bowling all ey, circus, carnival , or ahooting gallery . PUBLIC DANCE, PUBLIC BAIL: Any dance where admi••ion can be Jud by the public generally with or without the payment of a fee, with or without the purchaae , possession or presentatio:i of a ticket or token , and any other dan ce ope rated by club memb ership , season ticket, in vitation or -2 - • • • • • PUBLIC DANCE IIALLi Gibe,-_,-..,.. •c6nd to the publlc 1•nerallJ. • Any Pl_. opm to public dancin11 for r•in or to wbidl lhe public le admitted upon payment of m edmlM1011 fee, mombenhip fee or for a ciw're ol any kind and dMCription, or any tu.n ... academy In which claaaee is. dmcinr are held an~ ln1truction1 in dmcinr given for pay . 5,1.-2: UCENSE 'REQUIRED: IT SHALL BE UNLAWFUL FOR AN AMUSEMENT ESTABLISHMENT TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A LICENSE FROM THE LICENSING OFFICER . 5-2-3: APPLICATION FOR UCENSE: A . THE APPLICATION FOR AN AMUSEMENT &STABLISHMENT LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B . IN ADDITION Ti:E APPLICANT SHALL BE REQUIRED TO PROVIDE THE FOLLOWING : C. MANAGER(S) LICENSE : !. ALL MANAGERS OF AMUSEMENT ESTABLISHMENTS MUST 'BE LICENSED . LICENSES WILL BE ISSUED BY THE LICENSING OFFICER. 2. WHERE ANY LICENSE HOLDER HAS A CHANGE IN MANAGER OR MANAGERS OF IDS/HER ESTABLISHMENT, AND A NEW MANAGER HAS NOT PREVIOUSLY BEEN APPROVED AS A MANAGER BY THE LICENSING OFFICER, HE/SHE SHALL BE PRESENTED BY THE HOLDER OF A LICENSE OR SHALL PRESENT HIMSELF/HERSELF TO THE OFFICE OF THE LICENSING OFFICER FOR A BACKGROUND INVESTIGATION . ~2-4: SPECIAL CONDmONS ANlJ RESnUcnONS OF THE LICENSE: IN ADDITION TO LICE NSING CONDITIONS SET FORTH IN CHAPTER 1 OF THIS TITLE , THE FOLLOWING SPECW.. PROVISIONS SHALL APPLY : A. INSPECTION . BEFORE A LICENSE IS GRANTED, FOR A PUBLIC DANCES OR BALL , THE PREMISES DESCRIBED IN THE APPLICATION SHALL BE INSPECTED . A LICENSE SHALL NOT BE ISSUED UNTIL SUCH TIME AS THE APPLICANT DEMO NST RATES THAT SUCH PREMISES ARE IN COMPL IAN CE WITH THE ENGLEWOOD MUNICIPAL CODE . -3- B. 6QQJTION61, ANJIBININ! DBYJQIS. ALL APPLICANTS AND HOLDBBS OP AMUSEMENT CENTER OR AJruSDIBNT ARCADE LICBNSES SHALL REPORT TO THE LICENSING omen THE ADDITION OF ANY AMUSEMENT DEVICB OR DEVICES TO THEIR PREMISES Wl':'IIN FIFl'EEN (15) DAYS OP SAID ADDfflON AND TENDER TO THE LICENSING OPPICER AT.THAT TIME THE REQUIRED FEE FOR EACH ADDfflONAL AMUSEMENT DEVICE !'OR THE REMAINDER OP THE ORIGINAL LICENSE PERIOD . THE FEE IS NOT PRORATED OVBR THE PERIOD THE DEVICE IS Ptrr INTO SERVICE . REPLACEMENT OF A DEVICE wrrH ANOTHER DEVICE IS NOT CONSIDERED AN ADDITIONAL AMUSEMENT DEVICE . ~-License fees for tha Chapter ■hall be d•t.er.nined and aet by City Council in a:-cordance with E .M.C . 6-1-8 . ~-The Englewood City Council e1tabli1hed a temporary 1u■penaion or moratorium of certain miacell1111eou1 bu1ine11 Ileen ... for a pariod of au montru with the paaaage of Ordinance No . 25, aerie1 of 1996 and now removes the following licenses from the moratorium: Amusement Licen■e Fees: Amu■ement Arcade Amusement Center Amueement Device(s) Amusement Establiehment Billiards and Pool Table Bowling Alley Carnivals Circuses ltinerut Showa (other than camivale or tin:uses) Shooting Galleries Public Dance, Public Ball Public Dance Hall. ~-Safety Clauses The City Cococil, hereby finds , determines, and declares that thie Ordinance is promulgated under the general polir.e :-er of the City of Englewood, that it is promulgated for the health, 1afety, and welfare of the public , and that thie Ordinance is n ece&1ary for the preservation of health and s afety and for the protection of public conve.,ience and welfare. The City Council further determine• that the Ordinance bean. a rational relation 1D the proper legislative object sought to be obtained. ~~-Seyerabijjty If any clauee, sentence, paragraph , or part of this Ordinance or the application thereof to any per■on or circumstances shall for any r eason be adjudged by a court of competent jurisdiction invalid , s uch judgment shall not affect impair or inv alidate the remainder of this Ordinance or its application to other penons Ol' circumstances . ~ Inconsistent Ordinancee All other Ordinances or portions thereof incon sistent or co nfli cting with this Ordinance or an _v portion hereof are her eby r epealed to the extent of such inco n sisten cy or co nfli ct. -4 - • • • • • • SB::&iaD..2 Iffert a{,...J cw:: mmliflceti.OD flle npu.l or modiftcatloa. of any pnl'liaion oltbe Code ol lhe City ol Enc\e',lood by thla Onllnuce llba1l not nleue, utiJlcwlh, alter, modify, or chance 111 whole or in part uy penalty, forf'alture, or liability, either civil or r.riminal, which lhall have been !named under ouch proviaion, ud each provilion llba1l be treated and held u 1tiJJ remainine in force for the purpc.-of 1u1talnln& IDY and all proper action■, llllit■, proceedinp, and proeec:ation ■ for the enfomtment of the penalty, forfeiture, or liability, u well u for the purpooe of ou■taining uy judgment, decree, or order which cu or may be rendered, entered, or made in ■uch action■, llllit■, proceeding■, or pro■ecutiono . Sediim..ll. &aalix. The Penalty Provainn of E.M..C . Section l +l ohall apply to each and ever)' violation of this Ordinance. lntroduced, read in full , and pa88ed on first reading on the 7th day of October, 1996. Published a■ a Bill for an Ordinance on the 10th dny of October, 1996 . Read by title and pa■aed on final reading on the 21st day of October, 1996. Published by title aa Ordinance No , l/(, Series of 1996, on the 24th day of October, 1996 . I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify tha! tbe above and foregoing is a true copuJf the Ordinance pB18ed on final ,_.., mO """'"~ s, "'"" <>,o;om• No~d~ Loucrishia A. Ellis .5. • • • COUNCIL COMMUNICATION DIiie Agenda Item Subject Odober 7, 1998 BIii for 1111 .-gency ordinance approving clllnges to T1tle 5, 10 a ii Chapter 2 (Amusement$) and rwmovlng Ille Chapter from the momortum. lniu.dBy I Stiff Source ~o■rtment of Flnand•I Setvices Fr■nk Gr;alewk:z Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This biU for an ordinance m■kes chlnges to nie 5, Chapter 2 of the City Code, and removes this Chapter from the misceUaneous licenses moralorium in the City of Englewood . This biU for ordinance will allow the City's stiff to resume issuing Contr■dor licenses. Al the May 8, 1996 study session, staff discussed the proposed moratorium with the Council . On June 3, 111118 , the City Council read and passed Ordinance 25, Series of 1998 on final reading . This Ordinance established the moratorium to run from June 10, 1998 to December 10, 1996. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance . BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED Trtle 5, Chapter 2 was part of the moratorium that began on June 10, 1996. Amusements licenses are required to ensure that qualified persons provide amusements and pubiic dances to the public. The changes made to th~ Chapt~r include removing repetltive language , changing how fees are detemilned and set, removing co ntrad idory language , removing Articles A and Sand incorporating them Into one Chapter, IS well IS cleaning up the language and terms used. A separate license for amusements is necessary due to the attradlon this adivlty has on young people and possibie criminal adivlty (e .g. gambling) that may result if this adivity is not regulated . The license requires managers of amuseme11t establishments be registered to ensure Individuals with undeslr■ble backgrounds are screened from being involved in this licensed adivlty . Provisions of this license also indude the City lnsped the premises of public dances and balls to ensure the safety of the public . No alternatives were Identified . FINANCIAL IMPACT Th e City of Englewood colleded $8 ,365 in amusement license fees In 19'l5. LIST OF ATTACHMENTS Copy of a bill for an ordinance Copy of proposed Title 5, Chapter 2 r._ Pm••d on Recyc led Paper. Jr