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HomeMy WebLinkAboutORD 7137 CITY CODE AMENDING TO OPERATE ARCADES AMUSEMENT GAME ORDINANCE NO. 7137 AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE SIX SECTIONS 6-6-45 AND 6-6-46 RELATING TO LICENSE TO OPERATE ARCADES AND AMUSEMENT GAME PERMIT; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County desires to update and amend the Code as related to license to operate arcades and amusement game permit; THE AUGUSTA-RICHMOND COUNTY COMMISSION, ordains as follows: SECTION 1. Augusta, Ga. Code Section 6-6-45 as set forth in the Augusta, Ga. Code, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 6-6-45, restated as set forth in "Exhibit A" hereto. SECTION 2. Augusta, Ga. Code Section 6-6-46 as set forth in the Augusta, Ga. Code, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 6-6-46, restated as set forth in "Exhibit B" hereto. SECTION 3. This ordinance shall become effective upon its adoption III accordance with applicable laws. SECTION 4. All ordinances or parts of ordinances and Department of License and Inspections Policies and Procedures in conflict herewith are hereby repealed. Adopted this .) I day of -{f4-' 2009. 20 ( O:.tA:h ~ . 1st Reading 7, 09 ._<' --C' -""~""" David S.- Cdp~nhaver ... "\'. As its Mayor ~;..; Seal: Publish in the Augusta Chronicle July 30, 2009 Exhibit A Sec. 6 6 45. License to operate arcades. (a) Definitions. (1)Bona fide coin operated amusement machine means the same as this term is defined in a.c.G.!... ~ 18 17 1 (2) and any applicable state regulations; (2) Location. A business in .L\ugusta Richmond County which has been issued a valid business tax certificate; (3)Arcadc. "Arcade" means any location 'Nhere three or more bona fide coin operated amusement machines are operated which permit non cash redemption as provided in a.C.G.A. ~ 16 12 35, or a location \vhere ten or more bona fide coin operated amusement machines are located, '.vhether or not non cash redemption for any machine is allov/ed. (1)License. .L\ license issued by the city of Augusta, Richmond County or Augusta Richmond County to operate an arcade. (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, shmving 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. 11. 111. l....T ... . \Vithin one thousand t\VO hundred fifty (1,250) feet of the property line of a private residential dwelling; 'Nithin one thousand (1,000) feet of the property line of any public library or branch of any public library; 'Nithin 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; 'Nithin 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 v.'herein a specialized subject such as law, stenography, business, music, art, yocational occupations, and other special subjects are taught; v. \yithin 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; Vl. '.Vithin one thousand hYO hundred fifty (1,250) feet of any other use regulated under the Comprehensive Zoning Ordinance of Richmond County or the f..ugusta Richmond County Code; or "111. 'Nhere the proposed location is one and one half (1 ~~) miles or less from an existing location for \'/hich the Augusta Richmond County 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, renev/ed, transferred or issued to a ne'.Y location, in addition to all the proyisions 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 Yentures, mental and physical capacity to conduct this business. (ii) Previous yiolations of f..ugusta 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) 1fanner of conducting prior arcade business. If the applicant is a previous holder of an arcade license, the manner in which he conducted the business there under, especially as to the necessity for unusual policy observation and inspection in order to prevent the violation of any la'.'.', regulation or ordinance relating to such business. (iv) Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment 'lIould have on the adjacent and surrounding property yalues. (v) Number of licenses in trading area. The number of license already granted for similar business in the trading area of the place for 'Nhich the license is sought. (vi) (vii) Previous re-.rocaf r · Ion efT lcense issued under the lce~se. If the applicant is been pndousl pohce pomers f a person "'hose ,ysus .. oan' H' .. arcade liccrwe SU"p:~~ed or reyoked or "''':0 g: · ermng authority has n e or revoked as prevlOusly had p , an ayment of taxes and not delinquent in other charges. If the . charges, the payment of any local tapphcant and business are axes or other fees or (-.riiij G . ongregation of . to c rmnors \n ' . I ongregate in the Hic;', ~ circumstances '''hich aeat · mtyafth .. may Ion meets the d' e proposed I ' cause minors herein, Istance requirement und OCal1?" eyen if the er sectlOn 6 6 15(b) (ix) (x) Prior incidents E,,'d Fe .. .. 1 enee th qmnng police in ' . at a substantial' dming the twelye ~~ enllon have occlHfed =er :f incidents apphcation, months IInmediately un t e nnmadiate area precedmg the date of Previous El . emal or re-.ro . revocation of a lice · catIon. The denial of . me th nse aee' ' an apphe t' n s mhich ,lHTIllg "'ithi th a Ion or th ," masb .. n e ' ' e location, "ased on the qualifi ,precedmg twelve (12) catlOns of the proposed (xi) Renewal. 1 ^ Ill' h I ..L" lcenses s a 1 expire on T\ granted hereunde . . Fe ",ecemBeF 31 f r are pFI"11 r __ new their liceru;e t. 0 each year L' · .ege -ICCllses and reqais' t J:: s sttall file an I . lcensees mhe El . Ie ,ee mith th T' u un app ication tt. L ,,_n neSlre to sae1... n e Dlcense ...1 I t1ere~r teg t1... n H renewal upon fi anu napecrion D ' e Her with the Inspection on or b :rms approved by the D' epartment for ^ 11 ' · e are December I of eachll'~ctor of License and a hcenses to b ) ear, submitted by the T ~ renewed for the su1... apJ3 tlCense a d I "sequent e I d b roYal no later than D n nspecrion Departm a en ar year shall b een placed ecember 15 of ent to the Com " e e on probati each yeM ^ ndlllSSlOn faF L ommission during th ~n, suspeooion or h .: ,.ny licenses that h -,,- lcense and Ins ,e )ear shall be sub ' a.e been revoked b' a.e apPf{)val, pectlOn Departm llJitted on a sepa t r ) the ent for re"'iem ...1 ra e 1st bv t1...e . n antt e ....1 .J tt onslueration for (2) (3) No license shall b e grandfathered as t o any p .. rOVlSlOn of th' . 18 sectlOn. (c) Individuals not eligible for lieense. The follovling individuals are not eligible for an arcade license. (1) A person or persons or any of the officers and directors '.vho 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) ..^.. 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) ..^.. person v/hose license to operate an arcade has been revoked for cause in any state or territory of the United States '.vithin the ten (10) years preceding the filing of the application. (1) .LA.. person who has lmO'.vingly 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 .LA..ugusta 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, by convicted or plead guilty or nolo contendere to a crime invoh'ing moral turpitude, or to the violation of 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. (d) Proper zoning required. No license shall be issued for the operation of an arcade unless the license holder's place of business is located in an area '.'lithin .L\ugusta Richmond County that is properly zoned. (e) Business Tax Ccrtifieate required, .LA..ny person, firm or corporation ,....'ho owns, operates or does business in the unincorporated area of the county as an arcade is required to obtain a business tax certificate in accordance with the Augusta Richmond County Code. (n Regulatory fee. .L\ny person, firm or corporation who owns bona fide coin operated amusement machines and place the machines in a arcade operating in the unincorporated area of ..^..ugusta Richmond County is required to pay such regulatory fee as provided in section 2 1 3 ( c) of the Augusta Richmond County Code. (g) Applieation for lieense. All applicants for a license to operate an arcade shall give notice of their intention to make such application by advertisement in the form prescribed by the county license inspector. Adyertising as referred to in this section means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (front window \"here it can be read from the road); also, all ne't'l business tax certificate applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) before applications are heard by the county commission. Advertising in the nev/spaper shall be during the thirty day period prior to the hearing of the application by the Augusta Richmond County Commission. Before the application is presented to the Commission Counsel, the applicant shall furnish proof that the advertisement has been completed as required hereinaboye. (h) Right of suspension by Liecnse & Inspeetion Department. The License & Inspection Department shall ha'le the right to suspend any license issued under this article v/henever a person, firm or corporation doing business shall deyiate from the normal operation for which the business tax certificate 'lias obtained or fails in performance to meet the required regulations and code set forth by the License & Inspection Department, sheriff s department or health department; or yiolates any lmv or ordinance of the United States, or the state or .L^..ugusta Richmond County, in pursuance of such business conducted under such license; or 'Nhen it shall be prO',ren before the License & Inspection Department that there is a violation of a nuisance law; or when the health, morals, interests and conyenience of the public demand the suspension of such license. The License & Inspection Department shall report the suspension of such license to the next regular/or called meeting of the .L^..ugusta Richmond County Commission; then the license shall be suspended, placed on probation or permanently revoked, or othenvise it shall be restored and remain in full force. (i) Cost of aread-c liecnse. The cost of the arcade license is one hundred dollars ($100.00) and must be submi tted at the time that the application and other documentation is submitted to the local government officials. G) Penalty for ';iolation of artielc. All persons, firms or corporations failing to comply with the mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an offense, and, upon trial as a misdemeanor and conviction, shall be as provided in section 1 6 1 of this Code. (Ord. No. 6279, ~ 1, 6 20 00; Ord. No. 6365, ~ 1, 1 17 01) Sec. 6-6-45 License to onerate arcades. (a) Definitions. (1) Bona fide eoin-overated amusement maehine means the same as this term is defined in O.C.G.A. & 48-17-1(2) and anv aoolicable state regulations and of this code. (2) Loeation, The ohvsicallocation of a business in Augusta-Richmond County which has been issued a valid business tax certificate: (3) Arcade. "Arcade" means anv location where three (3) or more bona fide coin-ooerated amusement machines are ooerated which oermit non-cash redemotion as orovided in O.C.G.A. & 16-12-35. or a location where ten (10) or more bona fide coin-ooerated amusement machines are located. whether or not non-cash redemotion for anv machine is allowed. Coin ooerated amusement machines shall be olaced at least two (2) feet aoart and have four (4) feet of free soace in front of the machine seoarate and aoart from walkim! aisles. ( 4) Lieense. A license issued bv Augusta-Richmond County to ooerate an arcade. (5) Hours of Overation: All amusement devices within the oremises shall be visible to and suoervised bv an adult attendant who shall be oresent at all times when anv amusement device is beim! ooerated. Durin{! the normal school vear. oersons under the a{!e of ei{!hteen (18) shall not be allowed to ooerate amusement devices Mondav throu{!h Fridav. exceot le{!al school holidavs. between the hours of 8:00 a.m. and 3:00 O.m.. unless accomoanied bv an authorized a{!ent of the school district or such oerson's oarent or {!uardian. It shall be the resoonsibility of the adult attendant to enforce this regulation. The ooerator shall orominentlv disolav the hours of oermitted ooeration. (b) Distance reauirements - Plat reauired. Everv aoolication for a license to ooerate an arcade in Augusta-Richmond County shall be verified bv a olat oreoared bv a licensed Geor{!ia survevor or civil en{!ineer. showin{! the distance for the orooosed business. as hereafter orovided. (1) No license for the olJeration of an arcade shall be issued for anv location: i. Within one thousand two hundred fifty (1.250) feet of the orooerty line of anv school or colle{!e camous. The schools and colle{!es referred to herein shall include onlv such oublic. orivate. or church- suooorted schools which teach the subiects commonlv tau{!ht in the common schools and colle{!es of this state. and shall not include orivate schools or colle{!es wherein a soecialized subiect such as law. steno1rraohv. business. music. art. vocational occuoations. and other soecial subiects are tau{!ht: or ii. Within one thousand two hundred fifty (1.250) feet of anv similar use re{!Ulated under the Comorehensive Zonin{! Ordinance of Richmond County or the Au{!Usta-Richmond County Code. (2) The distance reauirements set out above shall aoolv in anv and all directions from the orooertv lines of the orooosed location. as measured in a strai{!ht line. The olat shall accompany and be made a Dart of the aoolication for such license. (3) In determinin{! whether or not a license aoolied for hereunder shall be 1rranted, renewed. transferred or issued to a new location. in addition to all the orovisions of this section. the followin{! shall be considered in the oublic interest and welfare: (i) Reoutation. character. The aoolicant's reoutation. character. trade and business associations or oast business ventures. mental and ohvsical capacity to conduct this business. (ii) Previous violations of Au{!Usta-Richmond County Code. If the aoolicant is a orevious holder of an arcade license. whether or not he has violated anv law. re{!Ulation or ordinance relatin{! to such business. (iii) Manner of conductin{! orior arcade business. If the apolicant is a orevious holder of an arcade license. the manner in which he conducted the business there under. esoeciallv as to the necessity for unusual oolicv observation and insoection in order to orevent the violation of anv law. re{!Ulation or ordinance relatin{! to such business. (iv) Location. The location for which the license is sou{!ht. as to traffic con{!estion. {!eneral character of nei{!hborhood. and the effect such an establishment would have on the adiacent and surroundin{! orooertv values. (v) Number of licenses in tradim! area. The number of license alreadv granted for similar business in the tradin2: area of the olace for which the license is sou2:ht. (vi) Previous revocation of license. If the aoolicant is a oerson whose license issued under the oolice Dowers of anv 2:ovemin2: authority has been oreviouslv susoended or revoked or who has oreviouslv had an arcade license susoended or revoked. (vii) Payment of taxes and other char2:es. If the aoolicant and business are not delinquent in the oavment of anv local taxes or other fees or char2:es. (viii) Congre2:ation of minors. Anv circumstances which mav cause minors to congre2:ate in the vicinity of the orooosed location even if the location meets the distance reauirements under section 6-6-45(b) herein. (ix) Prior incidents. Evidence that a substantial number of incidents reauirin2: ooUce intervention have occurred within the immediate area durin2: the twelve (12) months immediatelv orecedin2: the date of aoolication. (x) Previous denial or revocation. The denial of an aoolication. or the revocation of a license. occurrin2: within the orecedin2: twelve (12) months. which was based on the aualifications of the orooosed location. (xi) Renewal. 1. All licenses granted hereunder are orivile2:e licenses and shall exoire on December 31 of each veaL Licensees who desire to renew their licenses therefore shall file an aoolication. t02:ether with the reauisite fee with the License and Insoection Deoartment for such renewal uoon forms aooroved bv the Director of License and Insoection. on or before December 1 of each vear. 2. All licenses to be renewed for the subseauent calendar vear shall be submitted bv the License and Insoection Deoartment to the Commission for aooroval no later than December 15 of each vear. Anv licenses that have been olaced on orobation. susoension or have been revoked bv the AU2:Usta-Richmond County Commission during the vear shall be submitted on a seoarate list bv the License and Insoection Deoartment for review and consideration for aooroval. 3. No license shall be ~andfathered as to anv orovision of this section. (c) Individuals not elieible for lieense, The following individuals are not eligible for an arcade license. (1) A oerson or oersons or any of the officers and directors who have been convicted of a felonv in anv iurisdiction. A conviction. for ourooses of this oaragraoh. includes a guilty olea or olea of nolo contendere. (2) A oerson or oersons or anv of the officers and directors who have been convicted of a non-felonious crime of moral turoitude. lottery. or illegal 1Jossession and sale of narcotics or liauors within the five (5) vears oreceding the filing of the aoolication. A conviction. for ourooses of this oaragraoh. includes a guilty olea or a olea of nolo contendere. (3) A oerson whose license to ooerate an arcade has been revoked for cause in anv state or territory of the United States within the ten (10) vears oreceding the filing of the aoolication. (4) A oerson who has knowinglv falsified information or made anv material misreoresentation on the aoolication for a license under this Ordinance. (5) Should anv such aoolicant. partner or officer or director of anv aoolicant entity. after a license has been granted. be convicted or olead guilty or nolo contendere to a crime involving moral turoitude. or to the violation of anv laws of the State of Georgia regulating gambling or the lottery laws. said license shall be subiect to immediate susoension or revocation as set forth in sub Dart (h) of this code section. (d) Prover zonine reauired. No license shall be issued for the ooeration of an arcade unless the license holder's olace of business is located in an area within Augusta-Richmond County that is orooerlv zoned. (e) Business Tax Certifieate reauired, Anv oerson. firm or corooration who owns. ooerates or does business in Augusta-Richmond County as an arcade is reauired to obtain a business tax certificate in accordance with the Augusta- Richmond County Code. (n Reeulatorv fee. Anv oerson. firm or corooration who owns bona fide coin- ooerated amusement machines and olaces the machines in a arcade ooeratinll in AU2:Usta-Richmond County is required to oav such rellulatorv fee as orovided in section 2-1-3(c) of the AU2:Usta-Richmond County Code. (ll) Avvlieation for lieense. All aoolicants for a license to ooerate an arcade shall llive notice of their intention to make such aoolication bv advertisement in the form orescribed bv the License and Insoection Deoartment. Advertisinll as referred to in this section means there shall be a shm oosted thirty (30) davs orior to the hearinll of the aoolication in a orominent oosition on the orooerty (front window where it can be read from the road): also. all new business tax certificate aoolicants shall be reauired to advertise three (3) times in the lellal llazette (Au2:Usta Chronicle) before aoolications are heard by the AU2:Usta-Richmond County Commission. Advertisinll in the newsoaoer shall be durinll the thirtv-dav oeriod orior to the hearinll of the aoolication bv the AU2:Usta-Richmond County Commission. Before the aoolication is oresented to the Commission. the aoolicant shall furnish oroof that the advertisement has been comoleted as reauired hereinabove. (h) Susvension. Probation and Revoeation. The' License & Insoection Deoartment shall have the rillht to susoend anv license issued under this article whenever a oerson. firm or corooration doinll business shall deviate from the normal ooeration for which the business tax certificate was obtained or fails in oerformance to meet the reauired re2:Ulations and code set forth bv the License & Insoection Deoartment. sheriff s deoartment or health deoartment: or violates anv law or ordinance of the United States. or the state or AU2:Usta-Richmond County. in pursuance of such business conducted under such license: or when it shall be oroven before the License & Insoection Deoartment that there is a violation of a nuisance law: or when the health. morals. interests and convenience of the oublic demand the susoension of such license. The License & Insoection Deoartment shall reoort the susoension of such license to the next re2:Ular or called meetinll of the AU2:Usta-Richmond County Commission. The Commission make a determination rellardinll whether the license shall be susoended. olaced on orobation or oermanentlv revoked. or otherwise it shall be restored and remain in full force. . (n Cost of areade lieense. The cost of the arcade license is one hundred dollars ($100.00) and must be submitted at the time that the aoolication and other documentation is submitted to the local llovernment officials. (n Penaltv for violation of article. All oersons. firms or coroorations failing to como Iv with the mandatory orovisions of this article or doing anv act orohibited in this article shall be guilty of an offense. and. uoon trial as a misdemeanor and conviction. shall be as orovided in section 1-6-1 of this Code. Exhibit B Sec. 6 6 46. .L"AmUsement game permit. (a) Definitions. (1) Bona fw1c eoin operated amuscment machine means the same as this term is defined in O.C.G./... ~ 18 17 1(2); (2) Loeation. A business in Augusta Richmond County '.vhich has been issued a yalid business tax certificate; (3) ~A{aehine m~ner. Any person, firm or corporation which owns a bona fide coin operated amusement machine: nnd (1) Permit..L\n Amusement Game Permit issued pursuant to this article. (b) Amusement game permit required. Any machine owner who desires to place one or more bona fide coin operated amusement machines in a location shall complete and mail a Registration for ..^..musement Game Permit accompanied by a t',.venty five dollars ($25.00) fee to the .L^..ugusta Richmond County License & Inspection Department '.vhich shall issue a permit to the machine owner for that location. (c) Purpose of servicing a permit. The purpose of securing a permit is to provide a record of machine owners who owe bona fide coin operated amusement machines and have placed those machines in a business in .L\ugusta Richmond County. (d) Failurc to apply for permit. The failure of a machine oV.ner to apply for a permit under this article shall result in a fine of fifty dollar ($50.00). (e) Affect on machinc mtmer's other :;tatutory dutics. This article applies independently from and has no affect on other statutory obligations of an amusement machine ovmer within this Code. Sec. 6-6-46. Amusement !!ame oermit. (a) Definitions. (I)Bona fide eo in-operated amusement maehine means the same as this term is defined in O.C.G.A. & 48-17-1(2) and anv aoolicable state regulations and of this code: (2) Loeation. The ohvsical location of a business in Augusta-Richmond County which has been issued a valid business tax certificate: (3)Maehine owner. Anv oerson. firm or comoration which owns a bona fide coin ooerated amusement machine: and (4)Permit. An Amusement Game Permit issued oursuant to this article. (a)Puroose of seeurine a o erm it. The ouroose of securin1! a oermit is to orovide a record of machine owners who own bona fide coin-ooerated amusement machines and have olaced those machines in a business in Amrnsta-Richmond County. (b)Failure to aoolv for oermit. The failure of a machine owner to aooly for a oermit under this article before makin1! a covered machine available to the oublic shall result in a fine of one hundred dollars ($100.00), (c)Affeet on machine owner's other statutorv duties. This article aoolies indeoendentlv from and has no affect on other statutory obli1!ations of an amusement machine owner within this Code.