Sec. 403.05. - Distance between bingo halls.
(a) Minimum distance established. A minimum distance of two (2) miles shall be required between buildings licensed for bingo halls under the provisions of this chapter. This minimum distance requirement shall not be applicable where the license is to be held in a place located in the downtown business district as defined in section 411.04(b)(4) of this Code. This distance restriction does not apply to bar bingo locations.
(b) Waiver of distance requirement. The minimum distance requirement herein imposed may, to promote responsible ownership and accountability, be waived by the council upon: a finding by the council that the location of the proposed site would provide economic development benefits without significant negative impacts on residential or commercial uses; provided, however, that:
(1) The waiver could allow no more than one (1) licensed bingo hall within two (2) miles of another licensed bingo hall, and
(2) Such a waiver could not be granted to the fee owner of an existing, licensed bingo hall within a two-radius.
(c) No consideration for consent to waivers. No licensee under this chapter shall request, accept or keep any consideration in return for his or her consent to the location of a proposed bingo hall as provided under subsection (b) above. No applicant for the location of a proposed bingo hall shall pay or offer to pay any consideration to any person in return for obtaining a consent to the location of a bingo hall in a specific location as provided in subsection (b) above. "Consideration" for the purpose of this section means and includes any and all legal consideration, money, real or personal property, promises or contractual obligations, negotiable or other instruments given to or received by any person, including the licensee, his or her friends or relatives, his or her creditors, any other person acting on his or her behalf, and any other person at the direction of the licensee.
(d) Adverse action authorized. The council may consider and impose adverse action against any person, firm or corporation holding any license of the city, or against any applicant for any such license, after notice and hearing as provided in section 310.05 of the Legislative Code, based on a violation of the prohibitions contained in subsection (c) above, as well as on other violations of law or ordinance relating to such a matter.
(Ord. No. 17392, § 1, 8-28-86; Ord. No. 17663, § 1, 6-29-89; Ord. No. 17904, § 1, 1-28-92; C.F. No. 96-393, § 1, 5-8-96; Ord. No. 00-314, § 1, 5-3-00; C.F. No. 07-1050, § 4, 11-28-07)
