5.48.080 Permit to operate within two blocks of school grounds.
A. Application. Application for a permit shall be made to the chief of police, on such form as he or she may require. The application shall include, among other things, the following:
1. The true name of the applicant, together with the names of all persons directly or indirectly interested in the conducting of such business, including all members of any firm or partnership. A corporate applicant shall list officers, directors and principal owners, including all owners of ten (10) percent or more of the corporate stock;
2. Whether the applicant has at any time been convicted of a felony or offense involving moral turpitude or has been convicted of any narcotics violation or violation of any gambling laws or ordinances;
3. Whether or not any permit or license heretofore granted to applicant to engage in any business or do any act within the city has been revoked or denied and, if so, the circumstances surrounding the revocation or denial;
4. The location and a description of the premises upon which the applicant proposes to operate such machines or games and a statement of the property interest of the applicant in the premises as owner, lessee or otherwise;
5. Such further information bearing on the identity and character of the applicant or the use, location or condition of the premises as the chief of police may require.
B. Notice of Intent to Operate Coin-Operated Gaming Machines. Not later than five days after the receipt of the completed application required by subsection A of this section, a notice of intent to operate coin-operated gaming machines shall be posted in a conspicuous place on the premises for which the application was submitted. Such notice of intent shall contain:
1. A heading entitled "NOTICE OF INTENT TO OPERATE COIN-OPERATED GAMING MACHINES" in letters not less than one inch in height;
2. The name of applicant;
3. A statement as to when the chief of police is to act on the application and that any comments or questions concerning the application shall be directed to the chief as far in advance of said date as possible;
4. A statement that any decision of the chief of police concerning the application may be appealed to the city council pursuant to Section 1.24.010 of this code within twenty (20) days of the posting of the notice of decision pursuant to subsection E of this section.
C. Investigation. Applications shall be investigated by the chief of police. The investigation shall take into consideration the character of the applicant, the type of school nearby, whether a grammar, middle or high school, any truancy or delinquency problems experienced by such school, the recommendations, if any, of the administrators and teachers of such school, and any law enforcement problems which the issuance of the permit may create. The chief of police may also consider such other sources of information as are available to him or her.
D. Denial, Issuance. The chief of police may deny an application for a permit if, in his or her opinion, the placing of coin-operated gaming machines is intended to, or will have the effect of, attracting children from the nearby school, or if the operation of such games would tend to create a law enforcement problem or create a public nuisance or where the granting of the permit would be contrary to the public interest. In issuing a permit, the chief of police may impose such reasonable terms and conditions upon the operation of coin-operated gaming machines as he or she deems necessary and desirable under the circumstances to protect the health, safety, and well being of the public.
No permit shall be issued unless the applicant has first paid to the city collector any fee required under Section 5.48.010 and Chapter 3.08 of this code.
Decisions of the chief of police relating to the granting or denial of an application for a permit shall be rendered in writing not later than thirty (30) days after the date of
application. Copies of decisions shall be mailed to the applicants not later than five days after the decision.
E. Right to Appeal. The decision of the chief of police may be appealed to the city council pursuant to Section 1.24.010 of this code. An applicant must file a notice of appeal with the city clerk within twenty (20) days after the date of decision. Any other person must file a notice of appeal within twenty (20) days after the posting of the notice of decision, as provided in subsection F of this section.
F. Notice of Decision. Not later than five days after the date of the decision of the chief of police, notice of said decision shall be posted in a conspicuous place on the premises for which the application was submitted and shall state whether the decision of the chief of police was to grant the permit with or without conditions, or deny the permit. Said notice shall show thereon the date of posting and shall contain a notification of appeal rights, which notification may consist of a copy of Section 1.24.010 of this code. Such notice shall be entitled "NOTICE OF DECISION ON COIN-OPERATED GAMING MACHINES-APPEAL RIGHTS" in letters not less than one inch in height. Such notice shall also specify that any appeal must be filed within twenty (20) days of the posting of the notice of decision.
G. Suspension and Revocation of Permit.
1. The chief of police shall have the right for cause to revoke or suspend any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation or suspension. In addition, the failure of the permittee to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such permit.
2. The permittee shall be given ten (10) days notice in writing of the intent to suspend or revoke any permit issued hereunder. Such notice shall state the grounds for the intended suspension or revocation. If, within said ten (10) day period, the permittee requests a hearing, the chief of police shall set the matter for hearing and shall give the permittee five days notice in writing of the time and place of the hearing. The chief of police shall issue a decision on the appeal in writing. The decision shall be sent to the permittee by mail, postage prepaid, within two days after the date of the decision.
3. The decision of the chief of police with respect to the suspension or revocation of a permit may be appealed, by the permittee, to the city council in the same manner as that provided in Section 1.24.010 of this code within ten (10) days of the date of the decision. (Prior code § 5.06.031)
