Mound City Code

Mound City Code 405.00

Section 405 - ARCADES

405.05 Arcade Licenses.

Subd. 1. Definition. For the purpose of this Section, the term "arcade" shall mean any building, structure, or tract of land which has as its principal use or activity the providing of any of the following or any combination of any of the following amusements:

a. Billiard, pool, foosball, air hockey or pigeon hole tables.

b. Pinball machines.

c. Shooting gallery machines.

d. Any other mechanical or electrical device which is designed to be played by a contestant or contestants and upon which the contestants receive a score or rating based upon their performance.

Subd. 2. Licenses Required. No person shall operate an arcade without first paying a license fee and obtaining and having a current license as herein provided. The annual fee for such license shall be established in accordance with the provisions of Section 500 of the City Code. (ORD. 01-2001, 2/25/01). The license required under this Section shall be in addition to any license or licenses required to be obtained for any of the amusements described in Subd. 1.

Subd. 3. Application. Any person desiring to operate an arcade or to renew his/her license to conduct such activity shall file with the Clerk an application on forms provided by the Clerk for that purpose. The application form shall contain the following, together with any other information which the Manager may require:

a. Name and address of applicant.

b. Address of the proposed arcade.

c. The name and address of all persons owning or having an interest in the licensed premises. In the case of a corporation, this shall include the names and addresses of the officers and directors of the corporation and all shareholders who own alone or in conjunction with their spouse or children more than 10% of the issued shares of corporate stock.

d. If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation, and by-laws of the corporation.

e. The name and address of the manager or managers who will supervise the licensed activity.

f. Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision, have been engaged in the business of operating an arcade in the last five years.

g. Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision have been convicted of a crime or have had an application for an arcade license denied, revoked, or suspended within the last five years.

Subd. 4. License Fees and License Period. The license shall be for the calendar year or remaining portion thereof. The license fee for such period shall be established in accordance with the provisions of Section 500 of the City Code. (ORD. 01-2001, 2/25/01) The entire fee shall accompany the application, and such fee shall be refunded only if the application is withdrawn before Council consideration of the application.

Subd. 5. Granting of Licenses.

a. All applications for licenses shall be referred to the Chief of Police and to such other persons on the City staff as the City Manager shall deem necessary for investigation and recommendation. The persons to whom an application has been referred shall make their report and recommendations in writing.

b. Upon receipt of the written reports and recommendations, the City Manager shall cause to be published in the official newspaper, at least 10 days in advance, a notice of public hearing to be held by the City Council setting forth the day, time, and place when the hearing will be held, the name of the applicant, and the location where the business is to be conducted.

c. The application together with the City Manager's recommendation shall be submitted to the City Council at the hearing. After the hearing, the Council may grant or deny the license. In granting the license, the Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the application.

Subd. 6. Ineligibility for License. Existence of any of the following conditions shall render the applicant ineligible for a license:

a. If either the applicant or the manager of the licensed business is:

1. under 18 years of age;

2. a foreign alien;

3. a foreign corporation.

b. If the applicant, manager, or persons owning the licensed activity:

1. is not a person of good moral character and repute;

2. has been convicted of an offense which relates to the conduct of the licensed business;

3. has operated a similar business elsewhere which operation did not substantially comply with the provisions of this section relating to the manner in which the business is conducted;

4. has been denied a license to conduct a like or similar activity or has had such license suspended, revoked, or canceled.

c. If the manager supervising the licensed activity is not a resident of the City of Mound.