§ 5-27.02. Special use permit or amusement device permit required.

(a)

It shall be unlawful for any person, either as owner, lessee, licensee, manager, employee, agent, or servant, to conduct, manage, carry on, maintain, or operate a commercial amusement activity without an amusement device permit or the appropriate special use permit as required by this chapter first having been issued therefor by the Director of Community Development.

(b)

The use of any business, store, or commercially or industrially used premises as a commercial amusement activity containing less than six (6) amusement devices shall be subject to an amusement device permit.

(c)

The use of any business, store, or commercially or industrially used premises as a commercial amusement activity containing six (6) or more amusement devices in any zone where such use is otherwise appropriate shall be subject to the issuance, conditions, restrictions, and prohibitions of a special use permit in the manner and form provided for in Article 43 of Chapter 1 of Division 8 of the Zoning Ordinance of the City as those provisions may be amended or renumbered from time to time. Such use shall conform to every term and condition of the special use permit if such permit may be issued and shall be in lieu of an amusement device permit. A special use permit for such use may be granted by the Planning Commission if the applicant therefor produces sufficient evidence that the use will not be injurious or detrimental to the public health, safety, or welfare or to the property in the vicinity in which the use will be situated; and that such effects can be prevented with the imposition of appropriate conditions.

In no case shall a commercial amusement activity be permitted or shall a commercial amusement activity operate or remain in any residentially zoned area or premises unless such activity is an accessory use of another use allowed in such zone by special use permit. Before a commercial amusement activity may operate or remain in such area, the special use permit for the primary use shall be modified in accordance with the regulations governing such permits to include a commercial amusement activity use and the conditions, restrictions, and prohibitions set forth in Section 5-27.05 of this chapter.

(§ 1, Ord. 507, eff. October 19, 1983)