Section 18-11-1. Title. This ordinance shall be known and cited as the Northglenn Amusement Device Ordinance.

[Source: Ord. 795, 1985]

Section 18-11-2. Definitions. As used in this ordinance and in Article 11 of Chapter 18 of the Municipal Code of the City of Northglenn:

"Amusement arcade" shall mean a place or establishment where an individual, association, partnership, or corporation maintains more than ten amusement devices.

"Amusement center" shall mean a place or establishment where an individual, association, partnership, or corporation maintains more than four but less than eleven amusement devices, either as a sole business or in conjunction with some other business.

"Amusement devices" shall mean any device which upon insertion of a coin, slug, token, plate, or disc, or payment of a consideration directly therein, may be used by the public as a game, entertainment, amusement, a test of skill, either mental or physical, whether or not registering a score, and shall include, but not be limited to, pool tables, snooker tables, foosball tables, electric games, coin-operated movies, and pinball machines of every kind and description, but shall not include radios, devices that provide music only, televisions carrying commercial broadcasts only, devices for bowling such as bowling lanes, non-coin-operated pool and billiard tables, fixed-stand coin-operated kiddie rides, or vending machines as defined in Section 5-3-5(c) (11) of the Code.

"Applicant" shall mean any individual, association, partnership, or corporation requesting a license pursuant to this Chapter.

"Manager" shall mean an individual who manages, directs, supervises, oversees, and administers the acts and transactions of the agents or servants of any establishment governed by this Chapter or who, through his own actions, directs, oversees, and administers the affairs of any such establishment.

[Source: Ord. 795, 1985; 1149, 1996]

Section 18-11-3. License, Payment of Fee Required.

No amusement arcade or amusement center shall conduct business within the City without a valid license as provided herein.

No amusement arcade or amusement center shall conduct business within the City without first paying the fee placed upon amusement devices imposed by Section 18-11-8.

No person, individual, business or association, partnership, or corporation shall own, maintain or operate an amusement device in the City without first paying the fee placed upon amusement devices imposed by Section 18-11-8.

[Source: Ord. 795, 1985]

Section 18-11-4. License--Application. The application for an amusement arcade or amusement center license shall be made to the City Clerk, and shall be accompanied by the fees required by Section 18-11-9 and shall contain the following information:

The name and address of the establishment.

The name, address, age, date and place of birth, and prior felony convictions, if any, of the applicant(s) and manager(s) of the establishment.

Evidence from the Department of Community Development of the City that the location of the proposed amusement arcade meets all of the zoning requirements of the City.

Where applicant is an association, partnership, corporation, or private club, the information required in paragraph two shall be furnished as to each member of the association, or each officer of the corporation and members of the board of directors of the corporation and the holders of ten percent or more of the corporate stock of any class.

The number of amusement devices to be maintained at the amusement arcade.

[Source: Ord. 795, 1985]

Section 18-11-5. License--Approval.

Application for the license required by Section 18-11-3 shall be reviewed by the City Clerk. The City Clerk shall have an investigation conducted by the Police Department sufficient to verify all the information required by this Chapter. On completion of this investigation, the City Clerk shall either approve or disapprove the application.

No license shall be issued to any applicant unless approved by the City Clerk. The City Clerk shall refuse to issue any license for an amusement arcade, amusement center, or amusement device, if said Clerk finds any of the following:

That the applicant is under the age of twenty-one years.

That the applicant, manager, or either of them has made false statements upon the application.

That the applicant, manager, or either of them has been convicted of a felony within the last ten years.

That the proposed amusement arcade or amusement center is located within five hundred feet of the boundary of any public or parochial school grounds. Said distance to be computed by direct measurement from the nearest portion of the building in which the amusement arcade or amusement center is located.

That any designated manager is under the age of twenty-one years.

In event that the City Clerk disapproves a license application, the City Clerk shall make written findings of fact stating the reasons for the disapproval. Any decision of the City Clerk may be reviewed by the City Council if an appeal of the City Clerk's decision is properly filed within twenty days of that decision.

[Source: Ord. 795, 1985]

Section 18-11-6. License--Term. All licenses granted pursuant to this Chapter shall be for a term of one year unless suspended or revoked pursuant to Section 18-11-9 hereof. Said term shall commence on the date the license is issued and terminate on the anniversary date of the license.

[Source: Ord. 795, 1985]

Section 18-11-7. License--Renewal. Renewal of any of the licenses granted pursuant to this Chapter may be had by payment of the license fee along with a statement that the information listed on the original license application is still true and correct, or a statement listing those items of information required for a license application which have changed in the year since the license was granted or last renewed. Failure to renew a license in a timely manner shall be grounds for termination and revocation of said license, and shall be grounds for failure to renew said license.

[Source: Ord. 795, 1985]

Section 18-11-8. License--Fees. Fees for persons licensed under the provisions of this Chapter are as follows:

Amusement arcade, annual fee. Applicants or holders of an amusement arcade license shall pay a yearly fee of one hundred dollars per amusement device maintained upon the premises.

Amusement center, annual fee. Applicants or holders of an amusement center license shall pay a yearly fee of one hundred dollars per amusement device maintained upon the premises.

Amusement devices, annual fee. Any person, individual, business or association, partnership, or corporation owning, operating, or maintaining one or more amusement devices, but not required to obtain an amusement arcade or amusement center license hereunder, shall pay a yearly fee of fifty dollars per amusement device.

Investigation fee. Applicants for amusement arcade and amusement center licenses shall pay an investigation fee of fifty dollars to cover the cost of investigation required by this Chapter.

Additional devices acquired during license period. All applicants and holders of amusement arcade or amusement center licenses shall report to the City Clerk the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the City Clerk at that time the fee of one hundred dollars for each additional amusement device for the remainder of the original license period. Failure to report additional amusement devices to the City Clerk shall constitute a violation of this Chapter and be grounds for revocation or suspension of the license granted pursuant to this Chapter.

The City Clerk shall issue a receipt for the payment of these fees.

[Source: Ord. 795, 1985]

Section 18-11-9. License--Suspension or Revocation Generally.

The City Clerk shall, in accordance with the provisions of Article 1 of Chapter 18 of the Municipal Code, either suspend or revoke any license granted pursuant to this Article upon a finding of any of the following factors:

That any of the amusement devices maintained upon the premises are being used for gambling purposes.

That repeated disturbances of public peace have been occurring within the licensed establishment or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises involving patrons, employees, or the holder of the license of the establishment.

That the holder of the license or any employee thereof is illegally offering for sale, or illegally allowing to be consumed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs.

That the holder of the license or an approved manager is not upon the licensed premises at all times.

That where not specifically authorized by law, malt, vinous, or spirituous beverages are being consumed on the premises with or without the consent of the owner by patrons of the licensed establishment or where such beverages are being consumed by patrons of the establishment upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises.

That amusement devices have been installed, and/or are being operated, on the premises of any amusement arcade or amusement center for which the fee required by Section 18-11-3(b) hereof has not been paid, or for which application has not been made pursuant to Section 18-11-8(d) hereof.

That any amusement center or amusement arcade is being maintained in such a way as to violate any building code, zoning, or public health requirement imposed by city, county or state ordinance, law or regulation, or any other provision of City ordinance, or state or federal law.

That any license required to be renewed has not been renewed in a timely manner as prescribed in this Article.

That any provision of this Article has been violated by the owner or manager of the amusement arcade, amusement center, or that either such owner or manager has knowingly allowed the violation of any provision of this Chapter to occur.

That the use of the amusement devices in the licensed establishment occurs during the hours where such operation is prohibited pursuant to Section 18-11-11 hereof.

Nothing in this Chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the state or of the United States.

Any decision of the City Clerk specified in this Section may be appealed by any aggrieved party to the City Council by the filing of a written notice of appeal no later than twenty days after the date of the City Clerk's decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council's agenda, and shall be heard as a public hearing. Any appeal from the City Council's decision shall be to Adams County District Court.

[Source: Ord. 795, 1985]

Section 18-11-10. Gambling Prohibited. Nothing in this Article shall be construed to permit any unlawful gambling or wagering within the City.

[Source: Ord. 795, 1985]

Section 18-11-11. Hours of Operation. No establishment licensed pursuant to this Article shall allow operation of any amusement device between the hours of 12:01 a.m. and 8:00 a.m., with the following exception: an establishment possessing a valid license issued pursuant to the Colorado Liquor Code, Title 12, Article 7, C.R.S., may allow operation of any amusement device during the hours in which the establishment is authorized to sell liquor pursuant to C.R.S. 12-47-128.

[Source: Ord. 1171, 1997]

Section 18-11-12. Enforcement of Revocation, Suspension or Non-Renewal Orders. Any amusement arcade or amusement center for which a permit is denied, not renewed, suspended or revoked shall terminate operation of each amusement device located therein immediately. During the pendency of any appeal to the City Council or any Court, as provided in this Article, the amusement arcade or amusement center shall be entitled to continue to operate all amusement devices identified pursuant to Section 18-11-8(d) hereof, provided that a bond in the amount of one hundred dollars per amusement device is posted with the City Clerk. Any amusement device being operated in violation of any decision or order of the City Clerk, City Council or any court of competent jurisdiction shall be deemed a public nuisance pursuant to Article 1 of Chapter 9 of the Municipal Code.

[Source: Ord. 795, 1985]

Section 18-11-13. Penalty. Any individual, association, partnership, corporation or any other entity violating any of the provisions of Article 11 of Chapter 18 of the Northglenn Municipal Code shall be guilty of a misdemeanor, and upon conviction of such violation shall be subject to a fine of not less than fifty dollars ($50.00) nor more than the amount set forth in Section 1-1-10(a)(2) of this Code, which fine may not be suspended in whole or in any part, or imprisonment not to exceed one (1) year, or by both such fine and imprisonment. Nothing contained in this Section 18-11-13, however, shall impair the ability of the City of Northglenn to enforce this Ordinance as provided in Section 18-11-12 hereof.

[Source: Ord. 1130, 1995; 1659, 2013]

Section 18-11-14. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances.

[Source: Ord. 795, 1985]