|
Part 10 10.000 RECREATIONAL FACILITIES* Ord. No. 73 Adopted: July 10, 1990 ---------- *Cross reference(s)--Liquor sale on Sundays, Pt. 14; conduct of individuals, Pt. 50; curfew for minors, Pt. 52; noise control, Pt. 72; garbage collection service for businesses, § 86.001 et seq. ---------- An ordinance to regulate the establishment, maintenance and conducting of
dance halls, public billiard and pool rooms, game rooms, amusement parks,
amusement places, and temporary carnivals within the City of Reading; to provide
for the issuance of licenses of such places; to prescribe the penalty for the
violations of provisions hereof; and to repeal Ordinance Numbers 3a and 21. THE CITY OF READING ORDAINS: 10.001 Short title and citation. Sec. 1. This Ordinance shall be known and may be cited as the City of Reading
Recreational Facilities Ordinance. 10.002 Definitions. Sec. 2. The following words and phrases used in this Ordinance shall, for the
purpose of this Ordinance, have the meanings ascribed to them in this section: a. "Recreational Facility" shall mean any public dance
hall, billiard or pool room, game room, amusement park, amusement place,
temporary or permanent carnival or recreational park. b. "Premises" shall mean any building or property where a
recreational facility is located and any adjacent property under the ownership
or control of a recreational facility proprietor, lessee, manager or employee. c. "Person" shall mean any individual, corporation, firm,
partnership, association, organization and any other group acting as a unit. d. "Game Room" shall mean any room in the building that
contains a card table or tables for the use of patrons or a room or building
that contains mechanical amusement devices. e. "Mechanical Amusement Device" shall mean any machine
which upon insertion of a coin, slug, token, plate disc, or key, may be operated
by the public, generally, for use as a game, entertainment, or amusement,
whether or not registering a score. It shall include such devices as marble
machines, pinball machines, skill ball machine, mechanical grab machines,
nickelodeons, music boxes and all games, operations or transactions similar
thereto by whatever name they may be known. 10.003 Recreational facility operating license. Sec. 3. No person shall establish, maintain or conduct a recreational
facility within the City of Reading without first obtaining a license to operate
such facility from the City Council of the City of Reading. 10.004 License application, contents, fee; change of management. Sec. 4. Any person desiring to open or establish a recreational facility
shall first make application therefore to the City Clerk, setting forth in such
application, his age, correct name, post office address and residence, the
length of time he has resided within this state, and where, and his places of
residence for the past five (5) years immediately before the time of such
applications; whether or not he has ever been convicted of any crime involving
moral turpitude; and giving references in such applications to at least five (5)
reputable citizens of such community wherein he has last resided within this
state, and the written recommendations of at least two (2) such citizens of such
community respecting his moral character. Every such application shall be
accompanied by a fee as hereafter specified payable to the City Treasurer for
use of the City upon issuing of license to the applicant; and the applicant
shall specify in such application the class of business and the exact location
of the place thereof for which he requests a permit. In case the applicant for
such license is a corporation authorized to do business in this state, the
application shall be made by the agent of such corporation who will have
principal charge of the place proposed to be established, and such application
shall contain all of the statements and furnish all the facts and
recommendations with respect to such agent as are required in the case of a
private individual herein. A permit to a corporation shall be revocable upon the
occurrence of change in the agent so managing such place, and a new permit may
be required by the City Council of the City of Reading before any new agent
shall take charge of such place for such corporation. In case of a partnership,
each active partner in such business shall join in the application for such
permit, and shall furnish all of the information and recommendations required of
an individual applicant. An applicant for recreational facilities license shall
be provided with a copy of this Ordinance. 10.005 Inspection of premises. Sec. 5. Before a recreational facility license shall be issued, investigation
of the applicant and inspection of the premises shall be made by the City
Building Department, Fire Department, Police Department and such other City
departments or agencies as may be deemed necessary to determine whether the
applicant and premises fully comply with all pertinent ordinances and
regulations. Before the Building Department approves a license application, it
shall determine that the construction of the building or other structure is in
full compliance with the Building Code and other pertinent ordinances and
regulations. It shall be the responsibility of the applicant to make the premises in
question available for inspection in a timely manner so as to permit full
inspection during the normal working hours of the investigating City
departments. 10.006 Denial of license. Sec. 6. No license shall be issued: (1) Where the applicant is under eighteen (18) years of age or has been
convicted of a crime involving a controlled substance, alcohol, gambling, minors
or a crime involving moral turpitude. 10.007 Granting of license. Sec. 7. The City Council upon receiving such application, if presented in due
form, shall pass upon the same at its next regular meeting or any adjournment
thereof, and, if satisfied that such applicant possesses the qualifications
herein prescribed and said premises conform to the requirements hereof, shall
grant license to the applicant for the particular premises. All such licenses
shall be in form as the City Council may prescribe and shall contain the name,
address, place of business, and the date of expiration of said license and shall
be authenticated by the signature of the City Clerk. Section 7.1 Insurance Policy Required. a. No license shall be issued until the applicant therefore shall obtain and
file with the City a policy of liability insurance issued by a responsible
insurance company authorized to do business in the State of Michigan providing
insurance coverage insuring the applicant against liability for personal injury
or injuries to persons while upon the premises for which a license is applied
for. Such policy of insurance shall: 1. Be in the minimum amount of Three Hundred Thousand and 00/100 Dollars ($300,000.- 00) for injury to, or death of, one (1) person, and One Million and 00/100
Dollars ($1,000,000.00) for injury to, or death of, more than one (1) person
resulting from a single accident. 2. Provide for continuing liability thereunder to the full amount thereof,
notwithstanding any recovery thereon, and that the insolvency or bankruptcy of
the insured shall not release the company. 3. Provide that it shall not be canceled, surrendered or revoked by either
party except after ten (10) days written notice to the City of Reading furnished
by the insurance company issuing the policy. b. The cancellation, surrender or other termination of any insurance policy
issued and filed with the City of Reading in compliance with this section shall
automatically terminate the license covered by such insurance policy unless
another policy complying with this section shall be in effect and deposited with
the City of Reading prior to the time of such cancellation or termination. c. No person shall operate, or cause or permit to be operated, any
recreational facility in the City of Reading without having fully complied with
the terms of this section. Section 7.2 Issuance of Licenses. Licenses granted by the City
Council shall be promptly issued by the City Clerk, with the exception that
licenses for temporary carnivals granted by City Council contingent upon the
approval of any City department shall be issued only upon receipt by the City
Clerk of such approval. No license shall be issued until the City receives the
liability insurance policy, as provided in Section 7.1 hereof and the approval
by the City Attorney that said policy complies with the terms of this Ordinance. Section 7.3 Expiration of License. All licenses issued hereunder
shall expire on the 31st day of December at 12:00 midnight, for the year of
issuance thereof, with the exception that any license for a temporary carnival
shall expire at a time determined by the City Council at the time of the
granting of the license. The expiration date of each license shall be indicated
on the face thereof. 10.008 License fees. Sec. 8. The fees to be paid upon application for, and renewal of, a
recreational facility license are those as are set forth in this section: License Fee Amusement Parks or Amusements Places Annual fee . . . . $25.00 Billiard or Pool Room Annual fee per table . . . . $10.00 Card Room Annual fee per table . . . . $10.00 Dance Hall Annual fee . . . . $25.00 Game Rooms (Vending, coin operated, mechanical amusement devices) Annual fee per machine . . . . $ 8.00 Temporary Carnivals Fee per carnival . . . . $15.00 10.009 License renewal; transferability. Sec. 9. Any license issued in accordance with the Ordinance may be renewed
for an additional year upon reapplication to the City Clerk. The City Clerk
shall renew a license upon receipt of the approval of the Building Department,
Fire Department and Police Department. Whenever the holder of such permit
desires to effect a change of place of doing business he shall notify the City
Council and make application for a license for such new place in the same manner
as in the first instance, excepting that proof of good character may be
dispensed with by such City Council. No license issued pursuant to this act
shall be assignable or transferable, nor shall any person excepting the person
to which it was issued be permitted to do business thereunder either directly or
indirectly. 10.010 License revocation. Sec. 10. The City Council shall have the right to revoke any license once
granted or annual renewal thereof, when it appears to their satisfaction that
any licensee has violated this Ordinance or any other ordinance of the City of
Reading or Statute of the State of Michigan. 10.011 Conduct on premises. Sec. 11. No licensee, by himself, directly or indirectly, or by any servant,
agent or employee shall knowingly: 1. Permit any conduct as defined and prohibited by Ordinance 5 [Part 50 of
the Compiled Ordinances of the City of Reading]. 2. Permit the licensed premises to become a resort for disorderly persons of
any type, as defined by Public Act No. 84 of the Public Acts of 1939, as
amended, Section 750.167 of the Compiled Laws of 1979. 3. Permit gambling or the use, possession or presence of gambling
paraphernalia on the premises. 4. Permit intoxicated persons to loiter on the premises. 5. Permit any persons under the age of twelve (12) years to be upon the
premises after 10:00 p.m. (local time) or permit any persons under the age of
seventeen (17) years to be upon the premises after 12:00 p.m. (local time)
unless accompanied by a parent or legal guardian. 6. Permit the possession or use of any alcoholic liquor on the premises, nor
shall the licensed premises be accessible in any way with any place where
alcoholic liquor is kept, sold, distributed or given away. This prohibition
shall not apply while a Michigan Liquor Control Commission License is in effect
at the licensed premises. 7. Permit the possession or use of any controlled substances as prohibited
under Article 7 of Public Act No. 368 of the Public Acts of 1978. 8. Permit noise or music to emerge from licensed premises which is disturbing
to the surrounding area. 10.012 Hours. Sec. 12. No recreational facility shall remain open between the hours of 2:00
a.m. and 7:00 a.m. 10.013 Inspections. Sec. 13. Each licensee shall at all times open each and every portion of the
licensed premises for inspection by the Police Department and/or other City
departments for the purpose of enforcing any ordinance relating to the health,
safety and welfare of the public. 10.014 Waiver of license fee for charitable organization. Sec. 14. The City Council may, in its discretion, waive the imposition of the
license fee for any organization qualifying as a charitable organization under
Section 501(c)(3) of the Internal Revenue Code 26 U.S.C. 501(c)(3). 10.015 Penalty. Sec. 15. Any person violating any of the provisions hereof shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine
not exceeding One Hundred and 00/100 ($100.00) Dollars for each offense or to
imprisonment in the County Jail for not more than ninety (90) days or to both,
such fine and imprisonment in the discretion of the Court. Each day of the
violation shall be considered a separate offense. 10.016 Repeal and savings clause. Sec. 16. Part I. Repeal. Ordinance numbers 3a and 21 are hereby repealed. Part II. Savings clause. It is the legislative intent that all
provisions and sections, clauses and sentences of this Ordinance be liberally
construed, and should any provision, section, clause or sentence be held
unconstitutional or invalid, such holding shall not be construed as affecting
the validity of any of the remaining provisions, sections, clauses or sentences,
it being the intent that this Ordinance shall stand notwithstanding the validity
of any provision, section, clause or sentence. All proceedings pending, initiated or existing under prior ordinance
provisions at the time this Ordinance takes effect are saved and may be
consummated according to the law in force when they were commenced. This
Ordinance shall not be construed to affect any prosecution, pending or begun, at
the effective date of this Ordinance. 10.017 Severability. Sec. 17. If any phrase, clause, sentence, or section of this Ordinance is for
any reason declared illegal or invalid in any final adjudication by a court of
competent jurisdiction, the remaining parts of this Ordinance shall be deemed to
have been adopted and shall continue in full force and effect without such
illegal or invalid provision. 10.018 Section headings. Sec. 18. The section headings used in this Ordinance are for convenience only
and are not a part of this Ordinance. 10.019 Effective date. Sec. 19. The provisions of this Ordinance shall become effective ten (10)
days after its adoption and shall be published by a brief notice in a newspaper
circulated in the City, stating the date of enactment and the effective date of
the Ordinance, a brief statement as to the subject matter of this Ordinance and
such other facts as the Clerk shall deem pertinent, and that a copy of the
Ordinance is available for public use and inspection at the office of the City
Clerk. |