A. Applications for all permits required by this Chapter shall be made to
the Bureau of Licenses on forms provided by the Bureau of Licenses. The
applicant shall provide all the information relating to the purposes of this
Chapter required on the form by the Bureau of Licenses. Failure to provide any
information requested on this form may be cause to deny the requested
permit.
B. The Director shall approve issuance of permits after payment of the
required fee, completion of the application form and following an investigation
of the applicant. However, the Director shall deny a permit application
if:
1. The applicant has been convicted of any offense related to minors,
juveniles, gambling, obscenity, controlled substances, prostitution or
alcoholic beverages;
2. Any person has been convicted of any offense relating to minors,
juveniles gambling, obscenity, controlled substances, prostitution or
alcoholic beverages occurring at the location for which the permit is to be
obtained;
3. Any statement in the application is found to be false;
4. The applicant has been a principal owner, operator, manager or
supervisor of an amusement location and the activities or patrons of such
business caused a significant increase in harassing, disorderly or violent
acts, criminal activity, vandalism, litter, liquor law violations, noise or
traffic congestion in or around such business;
5. In the Director’s opinion, after investigation of the proposed
location of an amusement location, the proposed site would be reasonably
likely to result in an increase in those acts noted in part (4) of this
Subsection;
6. The business operation as proposed by the applicant would not comply
with all applicable requirements of this Code, including, but not limited to,
the Building, Health, Planning and Zoning and Fire Codes of the City;
7. The permitted amusement center would be located within 100 feet of
any residential zone established by the Planning and Zoning Code or any
location within 500 feet of any public or private elementary, junior high or
high school or playground, this distance to be measured in a straight line
without regard to intervening structures or obstacles from the nearest point
of the school property or residential zone to the nearest point of the
structure in which the permitted amusement devices would be operated;
or,
8. The proposed location of the business operation requiring a Location
Permit, would be a detriment to the immediate vicinity due to congregation of
pedestrian or vehicular traffic.
C. Notwithstanding Subsection B. above, the Director with the concurrence
of the Chief of Police may issue a conditional permit if the applicant
establishes to the Director’s satisfaction that:
1. The behavior evidenced by such factor is not likely to
recur;
2. The behavior evidenced by such factor is remote in time; or,
3. The behavior evidenced by such factor occurred under circumstances
which diminish the seriousness of the factor as it relates to the purpose of
this Chapter.
4. Under this Subsection, the Director may only issue a permit
containing conditions directed at ensuring that such factor shall not
recur.
D. Denial of a permit may be appealed by the applicant by filing written
notice of an appeal as provided in Section 14B.110.140.
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