§ 86-13. Prohibitions and restrictions.

A. 

No person, firm, corporation or association shall receive a license for or permit the operation of or maintain for operation more than an aggregate total of four mechanical amusement devices, as the same are defined in this article, at any one location and only one of the four mechanical amusement devices at any one such location may be a billiard or pool table, except that for a family entertainment center occupying at least 50,000 square feet of floor area a license may be granted for the operation of more than four mechanical amusement devices upon paying the annual fees as required for each mechanical amusement device under Chapter 133 of the City Code after first obtaining a special permit from the Planning Board for such operation, subject to the following requirements and standards:

[Amended 2-21-1995 by Ord. No. 52-1995; 4-1-1998 by Ord. No. 74-1998]

(1) 

A family entertainment center shall only be permitted within a fully enclosed building.

(2) 

The operator/applicant of the family entertainment center shall submit a lease or letter from the owner of the property joining in the application.

(3) 

The operator/applicant of the family entertainment center shall submit a layout plan, showing the number, type, location and intended age level to be served for each mechanical amusement device and other amusements to be installed on the premises.

(4) 

The operator/applicant of the family entertainment center shall submit an operation, security and safety plan to the Commissioners of Police and Fire and the Building Official for approval.

(5) 

The minimum off-street parking and loading space requirements shall be determined by the Planning Board based upon consideration of the following minimum criteria: floor area; number, type, and nature of the amusement device; expected number of patrons and operational staff; places of public assembly; availability of public transit; and availability of public parking in the immediate area.

(6) 

The operator/applicant of the family entertainment center shall submit a special permit application fee of $1,000.

(7) 

Upon satisfaction of the requirements set forth in Subsections A(1) through (6) above, the Planning Board may approve a special permit upon making the following findings and determination:

(a) 

The proposed plans will serve and meet the diversified entertainment and recreational needs of varied age groupings of persons ranging from toddlers to senior citizens;

(b) 

The operation, security and safety plans will serve and meet the diversified security and safety needs of varied age groupings of persons ranging from toddlers to senior citizens;

(c) 

The minimum off-street parking and loading space requirements as determined by the Planning Board have been met; and

(d) 

The health, safety and welfare of the City will not be adversely affected by issuance of the special permit.

(8) 

The special permit may be revoked at any time by the Planning Board after public hearing, due notice of which hearing shall be given by publication and by certified and regular mailing to the operator of the family entertainment center and the owner of the underlying real property, if the Commissioner of Development requests such revocation and certifies there has been either a substantial change in the use and parking needs for the family entertainment center or a substantial diminution of effectiveness in the operation, security and safety plan for the family entertainment center.

(9) 

The special permit shall be personal to the operator of the family entertainment center when issued and shall not be assignable other than to another financially qualified and experienced family entertainment center operator.

B. 

No person, firm, corporation or association or any agent, servant, employee or representative of a licensed person, firm, corporation or association shall permit the operation or use of any mechanical amusement device, as defined herein, by persons 17 years of age or under, between the hours of 8:30 a.m. and 3:30 p.m. on days when schools are officially open. No person, firm, corporation or association or any agent, servant, employee or representative of a licensed person, firm, corporation or association, shall permit the operation or use of any floor housing a mechanical amusement device, as defined herein, which is located in a family entertainment center and for which a special permit has been granted and is currently in effect under § 86-13A of the City Code, by persons 12 years of age or under after the hour of 10:00 p.m. unless such persons 12 years of age or under are accompanied by a parent or guardian.

[Amended 4-1-1998 by Ord. No. 74-1998; 4-21-1998 by Ord. No. 104-1998]

C. 

The issuance of a license under this section shall be limited to:

[Added 5-23-1995 by Ord. No. 130-1995]

(1) 

Amusement and/or sports establishments; or

(2) 

Places of assembly where the service of food or drink is a significant component of the business.

Editor's Note: This ordinance also provided for the renumbering of former Subsection C as Subsection D.

D. 

Violation of this section may be sufficient reason for revoking a license in accordance with § 86-14.

Amended 9-21-1982 by Ord. No. 192-1982