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Home My WebLink AboutORD 6279 CITY CODE ARCADES Augusta Richmond GA DOCUMENT NAME: 0 Y din eLf') cc - lJJ~ V;q DOCUMENTTYPE: Ordi nD.n~e. YEAR: a COD BOX NUMBER: I 0 . FILE NUMBER: 1 L1 <6 ~ Q NUMBER OF PAGES: ~ . -. .., '\/ . ~ .I ,. ORDINANCE NO. 6279 '" AN ORDINANCE TO AMEND AUGUST A-RICHMOND COUNTY CODE SECTION 6-6-45(b) and (c) SO AS TO REGULATE THE LOCATION OF ARCADES; TO PROVIDE CRITERIA AND QUALIFICATIONS FOR LICENSING AN ARCADE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, AS FOLLO\VS: Section 1. Augusta Richmond County Code Section 6-6-45 (b) and (c) are hereby deleted in their entirety, and in lieu thereof, the following subparagraphs (b) and (c) are hereby. adopted, te. wit: (b) Distance requirements - - Plat required. Every application for a license to operate an arcade in Augusta shall be verified by a plat prepared by a licensed Georgia surveyor or civil engineer, showing the distance for the proposed business, as hereafter provided. (1) No license for the operation of an arcade shall be issued for any location: 1. within one thousand two hundred fifty (1,250) feet of the property line of a private residential dwelling; 11. within one thousand (1,000) feet of the property line of any public .- ., library or branch of any public library; 111. within one thousand (1,000) feet from the property line of any church, shrine, chapel of a mortuary or other place used exclusively for religious purposes; IV. within one thousand two hundred fifty (1,250) feet of the property line of any school or college campus. The schools and colleges referred to herein shall include only such public, private, or church- supported schools which teach the subjects commonly taught in the common schools and colleges of this state, and shall not include private schools or colleges wherein a specialized subject such as law, stenography, business, music, art, vocational occupations, and other special subjects are taught; v. within one thousand (1,000) feet of a regular stop where a school bus for the transportation of school children in the public schools of Richmond County shall board or discharge passengers; VI. within one thousand two hundred fifty (1,250) feet of any other use regulated under the Comprehensive Zoning Ordinance of Richmond County or the Augusta-Richmond County Code; or Vll. where the proposed location is one and one-half (1 Yz) miles or less from an existing location for which the Augusta-Richmond County 2 ';; .1' Commission has issued an arcade license. (2) The distance requirements set out about shall apply in any and all directions from the property lines of the proposed location, as measured in a straight line. The plat shall accompany and be made a part of the application for such license. (3) In determining whether or not a license applied for hereunder shall be granted, renewed, transferred or issued to a new location, in addition to all the provisions of this section, the following shall be considered in the public interest and welfare: (i) Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct this business. (ii) Previous violations of Augusta-Richmond County Code. If the applicant is a previous holder of an arcade license, whether or not he has violated any law, regulation or ordinance relating to such business. (iii) Manner of conducting prior arcade business. If the applicant is a previous holder of an arcade license, the manner in which he conducted the business thereunder, especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. 3 :; -< , " f ~ J (iv) Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent and surrounding property values. (v) Number of licenses in trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. (vi) Previous revocation of license. If the applicant is a person whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an arcade license suspended or revoked. (vii) Payment of taxes and other charges. If the applicant and business are not delinquent in the payment of any local taxes or other fees or charges. (viii) Congregation of minors. Any circumstances which may cause minors to congregate in the vicinity of the proposed location even if the location meets the distance requirement under S 6-6-45(b) herein. (ix) Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within the immediate area during the twelve (12) months immediately preceding the date of 4 ~ t ') . application. (x) Previous denial or revocation. The denial of an application, or the revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. (xi) Renewal. 1. All licenses granted hereunder are privilege licenses and shall expire on December 31 of each year. Licensees who desire to renew their licenses shall file an application therefor, together with the requisite fee with the License & Inspection Department for such renewal, upon forms approved by the Director of License & Inspection, on or before December 1 of each year. 2. All licenses to be renewed for the subsequent calendar year shall be submitted by the License & Inspection Department to the Commission for approval no later than December 15 of each year. Any licenses that have been placed on probation, suspension or have been revoked by the Commission during the year shall be submitted on a separate list by the License & Inspection Department for review and consideration for approval. 3. No license shall be grandfathered as to any provision of this Ordinance. (c) Individuals not eligible for license. The following individuals are not eligible 5 . ... -. .) . for an arcade license. (1) A person or persons or any of the officers and directors who have been convicted of a felony in any jurisdiction. A conviction, for purposes of this paragraph, includes a guilty plea or plea of nolo contendere. (2) A person or persons or any of the officers and directors who have been convicted of a non-felonious crime of moral turpitude, lottery, or illegal possession and sale of narcotics or liquors within the five (5) years preceding the filing of the application. A conviction, for purposes of this paragraph, includes a guilty plea or a plea of nolo contendere. (3) A person whose license to operate an arcade has been revoked for cause in any state or territory of the United States within the ten (10) years preceding the filing of the application. (4) A person who has knowingly falsified information or made any material misrepresentation on the application for a license under this Ordinance or any application under the predecessor Ordinance for Richmond County or the City of Augusta submitted within the ten (10) years preceding the filing of the application. (5) Should any such applicant, partner or officer or director of any applicant entity, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving moral turpitude, or to the violation of 6 ," .. ,/ .. '0 . .. a any laws of the State of Georgia regulating gambling or the lottery laws, said license shall be subject after hearing to immediate suspension or revocation. Section 2. This ordinance shall become effective immediately upon adoption. Section 3. All ordinances or parts of ordinances in conflict herewith, are hereby repealed. Duly adopted this o<O!%ay of;J;,/t€, 2000 and this ~ft.,iday of dUa AT}1:: __ ~ ~ t2]!/fi~ h1L Clerk First Readling: :fit/f& :2lJ, :JtrJlJ Second Reading: JAJAtv~ if Mayor r; c...t..Lc) 7