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and Inspections Policies and Procedures in conflict herewith are hereby repealed.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.