No person shall conduct, operate or maintain any place in or on which public dances are held without first obtaining a dance hall license. No such license shall be issued except upon approval of the police chief, the fire chief and the health officer. The term "public dance" shall include any dance to which admission may be gained by the general public but shall not include any dance to which admission is restricted to invited guests.

(Code 1958, § 3-133)

Cross reference— Licenses generally, Ch. 7, Art. II.

No person shall teach dancing professionally without first obtaining a dancing school license, which license shall designate the premises in which the school is to be conducted. No such license shall be issued except upon the approval of the police chief, the fire chief and the health officer.

(Code 1958, § 3-134)

Cross reference— Licenses generally, Ch. 7, Art. II.

No person shall conduct, maintain or operate any theater without first obtaining a license. No such license shall be granted except upon approval of the police chief, the fire chief and the health officer. The word "theater" as used in this section shall include any structure or parcel of land used primarily for entertainment on the stage or screen.

(Code 1958, § 3-135)

Cross reference— Licenses generally, Ch. 7, Art. II.

The scale of prices for admission to any theater licensed under section 4-3 shall be framed and hung at some conspicuous place at the entrance of said theater.

(Code 1958, § 3-136)

No person shall operate a skating rink without first obtaining a license. No such license shall be granted except upon approval of the police chief, the fire chief and the health officer.

(Code 1958, § 3-137)

Cross reference— Licenses generally, Ch. 7, Art. II.

No person shall conduct, maintain or operate any place open to the public for playing pool or billiards without first obtaining a license. No such license shall be granted except upon approval of the police chief, the fire chief and the health officer. No person shall be granted a license under this section unless he be an American citizen over 18 years of age.

(Code 1958, § 3-129)

Cross reference— Licenses generally, Ch. 7, Art. II.

No person shall keep open any room, hall or building licensed under this article for a pool or billiard establishment between the hours of 12:00 midnight and 9:00 a.m.

(Code 1958, § 3-130)

No person who is less than 17 years of age may remain or loiter in or about any pool or billiard room unless accompanied by a parent or guardian; nor shall the licensee thereof permit any such minor to remain or loiter therein.

(Code 1958, § 3-131)

Cross reference— Minors, Ch. 16.

No licensee shall permit on the licensed premises any obstruction of the public view by the use of drawn shades or blinds or screens, either permanent or movable.

(Code 1958, § 3-132)

As used in this article, the following words and terms shall have the meaning respectively ascribed to them by this section:

Amusement device means any machine, device or game which, upon the insertion of a coin, slug, token, plate, disc or payment of a fee, permits a person or operator to use the device as a game, contest of skill or amusement, whether or not registering a score, which may cause a person or operator of the same to secure some amusement, enjoyment, entertainment, prize or product, and which is not a gambling device or a device which tends to encourage gambling. It shall include, but not be limited to, such devices as electronic videogame machines, pinball machines, skill (skee) ball machines, bowling machines, air hockey machines, basketball machines, batting cages, crane machines, or any other mechanical or electronic game or operation similar thereto, under whatever name they may be indicated. Pool tables, music devices, children's carousels and merchandise vending machines are excluded from this definition (See coin operated device below).

Arcade means any establishment, room or place where more than ten amusement devices are available to the public.

Coin operated device means pool tables, music devices, children's carousels and merchandise vending machines.

Distributor means any person, individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity, that places electronic amusement and music devices in any place or establishment, excluding an "owner(s)," for operation.

Merchandise vending machine means a device whose sole purpose is to vend a product after a coin or token is inserted, and which does not require any level of skill or provide any form of amusement.

Music device means a piano, phonograph, jukebox or any similar machine or contrivance which emits recitations, songs, speeches or music upon the insertion of a coin, slug, token, plate or disc, permitting a person or operator to use the device.

Owner means any person, individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity, who owns, operates or conducts any place or establishment in which any amusement device is operated.

(Ord. No. 1053, § 1, 12-17-07)

Other than in a permitted arcade, the use of amusement devices, shall be accessory to a permitted use or an approved special use permitted by the zoning ordinance.

(Ord. No. 1053, § 1, 12-17-07)

A maximum of ten amusement devices per establishment are permitted only in the B-1, B-2 and B-3 Business Zoning Districts, and the M-1 and M-2 Light Industrial Districts, where they are accessory to a permitted or approved special approval use, if they are in conformity with the requirements set forth in this article.

(Ord. No. 1053, § 1, 12-17-07)

(a)

Permit required; application and fee. The owner(s) of any location wherein amusement devices, and/or coin operated devices, are permitted shall first obtain a permit for each such device from the city clerk by making application therefore and paying a permit fee in an amount to be set by council resolution. The clerk shall issue no more than ten permits for amusement devices for any one permitted location. Arcades require special use approval for a business license and a permit for each amusement device.

(b)

Initial permits—Approval by chief of police, fire chief and building official required. No initial application shall be recommended for approval unless it is approved by the chief of police who shall indicate such approval in writing upon the face of the application. No application shall be recommended for approval until the fire chief, or his designated agent, determines that adequate space is provided between and around the amusement devices to permit safe entry and exit from the subject premises. No application shall be recommended for approval until the building official, or his designated agent, determines that the applicant is in compliance with the building and zoning ordinances.

(c)

Inspection; revocation of license. The chief of police, the building official, and fire chief, or their respective designated agents, may make inspections of any location licensed for amusement devices. If any unlawful practices are observed in connection therewith, such practices shall be reported forthwith to the building official, fire chief or chief of police, as the case may be, and such individuals may recommend immediate license revocation, in addition to criminal prosecution.

(Ord. No. 1053, § 1, 12-17-07)

No owner(s) or distributor of amusement devices shall maintain or distribute for the purpose of operating any amusement device, without first obtaining a license from the city clerk by making application therefore and paying a license fee in an amount to be set by council resolution. No initial distributor license shall be granted unless it is approved by the chief of police who shall indicate such approval in writing upon the face of the application.

(Ord. No. 1053, § 1, 12-17-07)

Each amusement device shall have affixed thereto, in a conspicuous place, a suitable and permanent identification stamp, mark or plate bearing the name and address of the distributor thereof.

(Ord. No. 1053, § 1, 12-17-07)

No owner(s) shall operate an arcade for use by the general public within the city for money or other reward without having first obtained a special use approval for a regulated use as provided for in Chapter 7, Article VII, and Appendix A, of the Code of Ordinances and shall otherwise comply with the requirement of this article.

(Ord. No. 1053, § 1, 12-17-07)

Any established and recognized charitable or religious organization located within the City of Madison Heights desiring to place amusement devices on its premises during a festival, or any affair held for fund-raising purposes, may make application to the chief of police for a permit to locate no more than ten operable amusement devices on the premises for a period of no longer than five days per calendar year. Upon receipt of such application, the chief of police or his designee shall investigate the purpose of such application and if he or she is satisfied that no gambling or other illegal purpose will be served by the use of such amusement devices, he or she may grant a permit without cost to the applicant. This section shall not be considered as a waiver of, or substitute for, any charitable gaming license that may be required by the State of Michigan.

(Ord. No. 1053, § 1, 12-17-07)

The license required by this article may be suspended or revoked at any time in accordance with the provisions of section 7-32 of this Code.

(Ord. No. 1053, § 1, 12-17-07)

No person being the owner(s) or person in control of the premises wherein any amusement device or similar devices are located, shall knowingly permit the use or occupancy thereof for gambling for money, things of value, or for free games.

(Ord. No. 1053, § 1, 12-17-07)

The use of amusement devices, as defined herein, shall be limited to the regular business hours of the permitted principal business on the premises.

No alcoholic beverages shall be sold or consumed on the premises of any establishments, except those licensed by the Michigan Liquor Control Commission.

(Ord. No. 1053, § 1, 12-17-07)

(a)

Any person who believes a place of business is in violation of this article may submit a written notice of complaint to the city clerk in regard to any place of business. The notice of complaint will include the name, address and phone number of the complainant, the address of the location, and the specific details of the complaint. This complaint shall be forwarded to the city attorney for appropriate action.

(b)

The city attorney shall meet with the complainant and inquire as to the specific reasons for the complaint. The city attorney may dismiss the complaint if he determines that:

(1)

The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or,

(2)

There are not substantial credible facts to support the complaint by the resident.

If the city attorney shall determine that there are sufficient grounds for the complaint, he shall forward his findings to the city clerk, who shall then proceed in accordance with the provisions of sections 7-32, 7-33 and 7-34 of this Code.

(Ord. No. 1053, § 1, 12-17-07)

(a)

Violations generally. Any owner violating any of the provisions of this division, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500.00, together with the costs of prosecution, or shall be imprisoned for not more than 90 days, or both such fine and imprisonment at the discretion of the court, together with the costs of prosecution.

(b)

Continuing violation. A separate offense shall be deemed committed upon each day a violation of this division occurs or continues.

(c)

Suspension of license; revocation of license. In addition to any penalties that may be imposed under subsection (a) above, the violation of any of the provisions of this division shall be sufficient reason for the city to suspend or revoke the subject permit or license.

(Ord. No. 1053, § 1, 12-17-07)

In this article "course" shall mean any miniature golf course, driving or putting course, range or practice course of any game of a similar nature.

No person shall maintain or operate a course at which fees are charged or received, either directly or indirectly for the use thereof, without first obtaining a license therefor from the city clerk; provided, the said license shall be issued to cover but one location within the city and further provided, that all licenses shall expire on December 31st of the year in which they are issued.

(Code 1958, § 3-801; Ord. No. 197, § 1, 1-22-62)

Cross reference— Licenses generally, Ch. 7, Art. II.

The license required by section 4-59 shall be issued by the city clerk upon written application by the owner or lessee of the property upon which it is intended to maintain or operate a course, which application shall be accompanied by a diagram or sketch showing the location of fences or buildings on or to be placed upon said property, and of all lands and buildings located within 200 feet of the boundary of said property.

(Code 1958, § 3-802; Ord. No. 197, § 1, 1-22-62)

No license required by section 4-59 shall be issued unless the following requirements have been completed, or adequate security given to the city therefor:

(1)

A certificate of the building inspector that all the rules and regulations of the building code and the parking regulations of the city have been complied with.

(2)

All lights used for illumination shall be so shaded and directed as to not fall upon adjacent properties so as to become a nuisance.

(3)

Adequate off-street parking facilities as required by sections 10.324 and 10.325 of the Zoning Ordinance.

(4)

A bond and policy of insurance has been filed as required by section 4-63.

(5)

Payment of the annual license fee as prescribed by council resolution.

(Code 1958, § 3-803; Ord. No. 197, § 1, 1-22-62)

Any license granted under the provisions of this article may be suspended by the city council, and revoked upon a public hearing thereon, for any violation of any section of this article.

(Code 1958, § 3-808; Ord. No. 197, § 1, 1-22-62)

Before any license shall be issued for a course the owner or operator shall file with the city clerk a policy or policies of insurance insuring the owner or operator against loss from liability imposed by law for damages on account of bodily injury or death suffered by any person with limits of liability for each facility covered in the sum of $5,000.00 for injury or death to one person, and in the sum of $10,000.00 for injury or death to more than one person.

(Code 1958, § 3-807; Ord. No. 197, § 1, 1-22-62)

No course shall be operated between the hours of 11:30 p.m. and 8:00 a.m. on secular days, and if located within 1,000 feet of a church, or other place of worship, between the hours of 11:30 p.m. on Saturday and 1:00 p.m. on Sundays.

(Code 1958, § 3-804; Ord. No. 197, § 1, 1-22-62)

No loud talking or unnecessary noises shall be permitted at any time at any course. The owner or operator shall post in a conspicuous place on said course at least four signs printed in legible English in letters at least two inches high, advising patrons to refrain from loud talking or unnecessary noise. No person shall, however, use, operate or employ any sound amplifying system, radio or sound producing machine, device or instrument or permit any music to be played in or upon such facility between the hours of 10:00 p.m. and 8:00 a.m. of any day.

(Code 1958, § 3-805; Ord. No. 197, §1, 1-22-62)

Cross reference— Noise, Ch. 17, Art. III.

All illumination, except such as may be necessary for the proper maintenance and cleaning of a course shall be extinguished between the hours of 11:30 p.m. and 8:00 a.m. of any day.

(Code 1958, § 3-806; Ord. No. 197, § 1, 1-22-62)

Driving ranges must have a minimum length of 400 yards and a minimum width of 200 yards on their own property.

(Code 1958, § 3-809; Ord. No. 197, § 1, 1-22-62)

For the purpose of this article, a miniature self-propelled vehicle is defined as any vehicle propelled by an engine or motor of six horsepower or less, having the general design and appearance of an automobile, and having one or more seats for drivers or passengers and which is operated and guided by a steering device and controlled exclusively by a person riding in the vehicle.

(Code 1958, § 5-233; Ord. No. 212, § 1, 11-13-62)

It shall be unlawful for any person to operate a miniature self-propelled vehicle track or raceway within the limits of the city without first having obtained a license therefor.

(Code 1958, § 5-232; Ord. No. 212, § 1, 11-13-62)

Cross reference— Licenses generally, Ch. 7, Art. II.

No license shall be issued under this article except upon full compliance with the following:

(1)

The applicant therefor shall file with the city clerk a written application upon forms to be provided by the city clerk, showing the proposed location of such track or raceway, the zoning classification thereof, the uses of property within 500 feet from all borders of the proposed location, a plan showing the proposed track or raceway, drawn by a registered engineer and upon which plan there shall be impressed his seal and the names and addresses of the applicants.

(2)

Such plan shall indicate an adequately paved track or raceway with such necessary safety requirements as may be determined by the city engineer from time to time.

(3)

The track or raceway shall be fenced or walled in such a manner as to prevent access to the track or raceway except at not more than two designated access areas, and suitable to prevent any vehicle operating upon such track or raceway from being propelled outside such fence or wall.

(4)

The applicant shall submit with his application a policy of public liability insurance covering the operation of such track or raceway with limits of not less than $50,000.00 and a clause providing for notification by registered mail to the city clerk by the insurer of cancellation of such policy; such notice to be given at least ten days prior to its effective date. No person shall operate any track or raceway without having such minimum insurance coverage and notification to the city clerk of the cancellation of such coverage shall cause the immediate withdrawal and suspension of any permit issued by the city to operate such track or raceway.

(5)

The applicant shall pay a license fee as set by council resolution.

(Code 1958, § 5-232; Ord. No. 212, § 1, 11-13-62)

No self-propelled vehicle shall be permitted to operate on a track or raceway unless it has been determined by the police department to be of safe construction and mechanically safe to operate.

(Code 1958, § 5-232; Ord. No. 212, § 1, 11-13-62)

Cross reference— Police department, Ch. 20, Art. II.