As used in this Article the following words and phrases shall have the following meaning unless the context otherwise requires:

(a)   Alcoholic Liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any beer or cereal malt beverage containing not more than 3.2 percent alcohol by weight.

(b)   Arcade means a business which provides a place where five (5) or more coin-operated amusement devices such as, but not limited to, pinball machines, air hockey, foosball, electronic games and similar coin‑operated amusement machines, apparatus, paraphernalia or devices are available for use by the public or any business that derives more than fifty percent (50%) of its gross receipts from persons using such coin‑operated amusement devices.

(c)   Amusement Device means any machine or device which is coin‑operated or otherwise available for hire, which machine or device permits a person or operator to use the device as a game or contest of skill, whether or not registering a score. It shall include, but not be limited to such devices as electronic or mechanical game machines, pool tables, foosball tables, air hockey tables, pong games, mechanical rides for children, electronic video games, shooting gallery type games, pinball machines, skill ball, bowling machines, or any other mechanical or electronic games or operations similar thereto. This definition does not include merchandise vending machines or coin‑operated phonographs, televisions or other devices which are not designed for manipulation by the person operating the device.

(d)   Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or malt substitute, but does not include any liquor which is more than 3.2 percent alcohol by weight.

(e)   Controlled Substance means any substance included in any of the schedules designated in K.S.A. 65‑4105, 65‑4107, 65‑4109, 65‑4111 and 65‑4113 and Sections amendatory of the Sections.

(f)   Operator means proprietor, lessee, manager or employee of any arcade or business where amusement devices are on display for public patronage and operated for a profit.

(g)   Premises means the building or structure used for carrying on or conducting the business of an arcade and the parking spaces which are designated by the operator of an arcade to be counted as provided parking for the business under the City’s zoning ordinances.

(Ord. 1426, Sec. 1)

It shall be unlawful to establish, maintain or conduct any arcade in the City without first obtaining an arcade license for each premises in the City. No operator shall allow or permit the use of five (5) or more amusement devices unless an arcade license has been issued by the City.

(Ord. 1426, Sec. 2; Code 1989)

Every person desiring a license for an arcade shall file a written application with the City Clerk on forms approved by the City Clerk, together with an application fee as approved by the City Council. The application shall include the following information:

(a)   The name, age and residence of the applicant;

(b)   The applicant’s places of residence for the five (5) year period immediately preceding the application;

(c)   The type of business and the particular place for which a license is desired;

(d)   Whether or not the applicant has ever been convicted of any felony or any crime involving moral turpitude or any offense involving the sale and/or distribution of alcoholic liquor, cereal malt beverages or any controlled substance;

(e)   In the case of a partnership, each active partner shall furnish all the information required of an individual applicant;

(f)   In the case of a corporation, the application shall be made by the agent of the corporation having the principal charge of the premises. The agent shall furnish all the information in respect to himself or herself as required of an individual applicant.

(g)   A diagram with dimensions of the premises on which the business will be conducted, showing the location of each amusement device and each exit from the premises.

(Ord. 1426, Sec. 3; Code 1989)

Before any arcade license shall be issued, investigation of the applicant and inspection of the premises shall be made by the City building inspector, Fire Department, Police Department, and other City departments or agencies as may be deemed necessary to determine whether the applicant and the premises shall comply with applicable building, fire, health, safety and sanitation codes. Before the Fire Department approves the premises, it must be determined that the premises and the location of the amusement devices therein permit safe ingress and egress.

(Ord. 1426, Sec. 4)

No license shall be issued:

(a)   Where the licensee, operator, managing agent or active partner of a partnership has been convicted of any felony or any crime involving moral turpitude or any offenses involving the sale and/or distribution of alcoholic liquor, cereal malt beverages or any controlled substance, except convictions which have been expunged pursuant to K.S.A. 12‑4516 or 21‑4619 and amendments thereto or pursuant to comparable proceedings in other jurisdictions.

(b)   Unless the premises comply with applicable City ordinances, including but not limited to building code, fire code, health, safety and sanitation codes.

(c)   Unless the premises provide for safe ingress and egress.

(d)   For any premises that have living quarters with direct entry to the premises of the arcade.

(Ord. 1426, Sec. 5)

The Governing Body upon receiving the application, if presented in due form, shall pass upon the same at its next regular meeting or any adjournment thereof. If satisfied that the application contains the qualifications herein prescribed and the premises conform to the requirements of this code, the Governing Body shall grant the license to the applicant for a term expiring on the 31st day of December of the current year. All licenses shall be in such form as the Governing Body may prescribe and shall contain the name, address, place of business, the number of amusement devices on the premises and the date of expiration of the license and shall be authenticated by the signature of the City Clerk. The license shall be issued to a specific person for a specific location.

(Ord. 1426, Sec. 6)

There shall be no refund in any case where the licensee begins operations after the beginning of the calendar year or ceases operations prior to the end of a calendar year or when the license is revoked for any reason. No license issued under this Article shall be transferable to another person.

(Ord. 1426, Sec. 7; Code 2014)

Any person who desires to perform or provide massage therapy or in‑office massage therapy or to perform any massage services in a massage therapy establishment, as defined herein, shall file a written application with the City Clerk and pay a filing fee as approved by the City Council to the City Clerk for the first application, which shall not be refundable and an annual renewal fee as approved by the City Council. A massage therapist license shall be valid for a period of 12 months from the date of issuance. This fee shall cover the cost of processing the application to include the current KBI fingerprint fee. Only one massage therapy license shall be required for a massage therapist regardless of the activity or activities the therapist engages in that are permitted by this Chapter. Sole practitioners (who own and operate an establishment and are the only massage therapist on the premises), apply for a massage therapist license of any type and have successfully obtained a massage therapy establishment license or in office massage therapy license are exempt from paying the massage therapist license fee.

The application for a massage therapist license shall contain the following:

(a)   Name, address, and telephone number.

(b)   Two portrait photographs at least two (2) inches by two (2) inches.

(c)   Applicant’s weight, height, color of hair and eyes, and fingerprints, provided once an applicant has submitted fingerprints, they shall not be required to submit new fingerprints for any renewal application for that person.

(d)   Written evidence that the applicant is at least 18 years old.

(e)   Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application.

(f)   Whether such person has ever been convicted of any crime except minor traffic violations. If any person mentioned in this Subsection has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.

(g)   The position or function the applicant is being hired to perform within such establishment. (If applicable).

(h)   Authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.

(i)    Proof of the education and experience requirements set forth at 5‑1005 herein.

(a)   Each operator or licensee shall, at all times, during business hours, open each and every portion of the licensed premises for inspection to City departments for the purpose of enforcing the provisions of this code.

(b)   Each operator or licensee shall, at all times, display the license granted hereunder in a conspicuous place near the entrance to the licensed premises.

(c)   The licensee or a manager or agent over 21 years of age shall be present on the premises at all times during the hours of operation of the licensed premises.

(d)   No operator or licensee shall be under the age of 21 years.

(e)   No private room or closed booth or enclosures shall be permitted.

(f)   Arcades shall be closed between the hours of 11 p.m. and 6 a.m.

(g)   The licensee shall, within 10 regular business days, give the City Clerk written notice of a change of manager by actual delivery or by registered or certified mail within 10 business days of the change. The licensee shall, within five (5) regular business days, provide the information concerning the new manager which is required in Section 5‑903.

(Ord. 1426, Sec. 8; Code 1989)

The following conduct by a licensee, operator or employee of any licensed arcade is prohibited:

(a)   Permit any illegal conduct.

(b)   Permit intoxicated persons to remain upon the premises.

(c)   Permit the possession or use of any alcoholic liquor or cereal malt beverage on the premises, nor shall the licensed premises be accessible in any way to any place where alcoholic liquor or cereal malt beverage is kept, sold, distributed or given away. This provision shall not apply while an alcoholic or cereal malt beverage license is in effect at the licensed premises.

(d)   Permit violation of sanitary and health regulations and ordinances of the City.

(e)   Permit the possession or use of any controlled substance on the premises.

(Ord. 1426, Sec. 9; Code 1989)

(a)   Any arcade license issued in accordance with this Article may be renewed upon a majority vote of the Governing Body for an additional year upon the same terms and subject to the same requirements as provided herein for an original license.

(b)   If a licensee desires to change the location of his or her place of business, he or she shall make an application to the Governing Body showing the same information relating to the proposed location as in the case of an original application. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to the place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.

(c)   No license issued pursuant to this Article shall be assignable or transferable, nor shall any person or entity excepting the person or entity to which it was issued be permitted to do business thereunder either directly or indirectly.

(Ord. 1426, Sec. 10; Code 1989)

The Governing Body may revoke or suspend any license issued in accordance with this Article after having given the licensee notice and an opportunity to be heard on why the license should not be suspended or revoked. Notice shall be given at least 10 days in advance of the hearing by certified mail to the licensee at his or her residence address listed on the application. The notice shall advise the interested parties of the time and place of the public hearing and the reasons why suspension or revocation is being considered.

(Ord. 1426, Sec. 11)

The Governing Body may, after notice and hearing as provided in Section 5‑911, revoke or suspend a license for any of the following reasons:

(a)   The licensee has fraudulently obtained the license by giving false information on the application therefore;

(b)   The licensee has violated any of the provisions of this Article;

(c)   The licensee has become ineligible to obtain the license;

(d)   The licensee has failed to pay the license fee;

(e)   The licensee knowingly employs any person who has been convicted of a felony involving moral turpitude or any offense involving the sale or distribution of intoxicating liquor, cereal malt beverage or controlled substance;

(f)   For permitting any intoxicated person to remain upon the licensed premises;

(g)   For permitting any gambling in or on the licensed premises;

(h)   For permitting the sale, consumption, possession or use of any controlled substance on the premises;

(i)    For permitting the sale or consumption of any intoxicating liquor or cereal malt beverage on the premises except where the premises is also a duly licensed private club or where the premises is licensed for the sale of cereal malt beverages;

(j)    For permitting littering on the premises or permitting any other condition inconsistent with the health, safety, building or fire codes of the City.

(Ord. 1426, Sec. 12)