CHAPTER 2
AMUSEMENTS

Sections:

7-2-101    Billiard and Pool Halls.

7-2-102    Bowling Alleys.

7-2-103    Public Dances.

7-2-104    Mechanical Amusement Devices.

7-2-105    Skating Rinks.

7-2-106    Swimming Pools.

7-2-107    Clubs and Recreational Associations.

7-2-108    Fireworks.

7-2-101 Billiard and Pool Halls.

(1)    No person shall operate, maintain, or conduct a billiard or pool hall, or bagatelle or pigeon-hole table open to the public without having first obtained a license therefor as provided in this Section.

(2)    The annual fee for such a license shall be set by Resolution of the City Council, which shall be in addition to the fee for any business license required by Chapter 1 of this Title. Such license shall be applied for to the License Officer in the same manner as licenses issued under Chapter 1 of this Title, but shall not be issued by the License Officer except upon specific approval by the City Council.

(3)    No person under the age of twenty-one (21) years shall be allowed to frequent, loiter, or remain in any pool or billiard hall if beer is kept, sold, or consumed on the premises. It shall be unlawful for the proprietor or any person in charge of any hall where beer is kept, sold, or consumed on the premises to allow or permit any such person under the age of 21 years to frequent, loiter, or remain within the hall. Each billiard or pool hall licensed under this Section, where beer is kept, sold, or consumed on the premises, shall keep conspicuously posted a sign stating “No Person Under 21 Years of Age Permitted in These Premises.” Persons under the age of 21 may be allowed in any pool or billiard hall where beer is not kept, sold, or consumed on the premises, except that it shall be unlawful for any proprietor or other person in charge of any such hall to allow a minor under the age of eighteen (18) years to remain within such hall after 11:00 p.m. on any day of the week other than Fridays and Saturdays. These provisions shall not apply where such minor is accompanied by his parent or guardian or other adult person having the care and custody of such minor.

(4)    It shall be unlawful for the proprietor or any person in charge of any pool or billiard hall to permit any person using profane language or conducting himself in an indecent or disorderly manner or under the influence or alcohol to enter or remain within the hall.

(5)    All billiard halls and pool rooms shall be closed at 12:00 midnight of each day and remain closed until 6:00 a.m. of the next succeeding day.

(6)    The owner or operator of any pool or billiard hall shall not have any private rooms in connection with such hall or any card rooms in connection therewith, or permit games of cards to be played therein.

(1968 Code 5-3-1; minor changes in phraseology made in codification 1979; 1979 Code 7-2-1; amended by Ordinance No. 2-82; amended by Ordinance No. 6-88, 6-90, and 4-06)

7-2-102 Bowling Alleys.

(1)    No person shall operate or maintain a bowling alley open to the public without having first secured a license therefor as required by this Section.

(2)    The annual fee for such a license shall be set by Resolution of the City Council, which shall be in addition to the fee for any business license required by Chapter 1 of this Title. Such license shall be applied for to the License Officer in the same manner as licenses issued under Chapter 1 of this Title, but shall not be issued by the License Officer except upon specific approval by the City Council.

(3)    It shall be unlawful for the proprietor or other person in charge of a bowling alley to allow a minor under the age of eighteen (18) years to remain within such building or upon such premises after 11:00 p.m. on any day of the week other than Friday and Saturday, or after 12:00 midnight on Fridays and Saturdays. These provisions shall not apply where such minor is accompanied by his parent or guardian or other adult person having the care and custody of such minor.

(4)    It shall be unlawful for the proprietor or any person in charge of any bowling alley to permit any person using profane language or conducting himself in an indecent or disorderly manner or under the influence of alcohol to enter or remain within the building or upon the premises where such bowling alley is operated.

(5)    All bowling alleys shall be closed at 12:00 midnight of each day and remain closed until 6:00 a.m. of the next succeeding day.

(1968 Code 5-3-2; minor changes in phraseology made in codification 1979; 1979 Code 7-2-2; amended by Ordinance No. 2-82, 6-88, 6-90, and 4-06)

7-2-103 Public Dances.

(1)    No person shall operate or conduct any public dance or dance hall in the City for gain or profit unless he has first obtained a license as required by this Section.

(2)    The fee for an annual license for such dance hall shall be set by Resolution of the City Council; or, in lieu of purchasing an annual license, a license for each day may be issued for a fee as set by Resolution of the City Council. Such fees shall be in addition to the fees which may be required by Chapter 1 of this Title. All licenses required hereunder shall be applied for to the License Officer in the same manner as licenses issued pursuant to Chapter 1 of this Title, but shall be issued only on specific approval thereof by the City Council.

(3)    It shall be unlawful for the proprietor or any other person in charge of a public dance hall conducted for gain or profit to allow any person under the age of twenty-one (21) years who is not accompanied by his or her parents, legal guardian, or other adult person having the legal care and custody of such person, to enter or remain in or about such public dance or dance hall, except this provision shall not apply to youth dances where the only persons admitted for the purpose of dancing are persons who are of the ages of sixteen (16) through twenty (20) years.

(4)    No alcoholic beverages of any nature shall be sold, consumed or kept in or about any public dance or dance hall to which admission is charged.

(5)    It shall be unlawful for the proprietor or any person in charge of a public dance or dance hall to allow any person to enter or remain in or about such public dance or dance hall who is dressed in such manner as to make any indecent or obscene exposure of his or her person.

(6)    No public dance or dance hall shall be permitted to run longer than 12:00 midnight, except on special holidays or occasions when the consent of the City Council has first been obtained extending such time period. No such dance shall be conducted and no dance hall shall be operated on Sunday, nor on any other day of the week prior to 6:00 a.m.

(1968 Code 5-3-3; amended in codification 1979; 1979 Code 7-2-3; amended by Ordinance No. 2-82, 6-88, 6-90, and 4-06)

7-2-104 Mechanical Amusement Devices.

(1)    (a) The term, mechanical amusement device, is hereby defined to be any form of pinball machine or other machine or electronic device which, upon the insertion of a coin, trade token, or slug, operates or may be operated as a game, or contest of skill or amusement of any kind or description, and shall also include any such machine operating in the manner of a slot machine, but not having a slot for the insertion of coins.

(b)    A proprietor is hereby defined to be any person, firm, corporation, partnership, association or club, who, as the owner, lessee, or proprietor, has under his or its control the establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.

(c)    An owner is hereby defined to be any person, firm, corporation, partnership, association or club, who has the legal title to or, who either alone or together with proprietor, has a right to receive all or any portion of the earnings from a mechanical amusement device placed or kept in or at any establishment, place or premise for use or play, or on exhibition for the purpose of use or play.

(2)    It shall be unlawful for any proprietor to have on the premises controlled by him or it, any mechanical amusement device which is kept there for use or play or on exhibition for use or play, or to allow the use or play or exhibition for use or play of any mechanical amusement device on the premises controlled by him or it, unless the owner of each such device has obtained the license provided for by this Section.

(3)    The license fee shall be an amount set by Resolution of the City Council for each mechanical amusement device used or played or exhibited for use or play, which shall be in addition to the fee for any business license required by Chapter 1 of this Title. Said fee shall be charged to the owner of the mechanical amusement device, and the license shall be issued in the name of the owner of the device. All licenses required by this Section shall be applied for to the License Officer in the same manner as licenses issued pursuant to Chapter 1 of this Title, but shall be issued only upon specific approval thereof by the City Council.

(4)    It shall be unlawful for any owner of a mechanical amusement device to place any such device in any establishment, place or premises within the City for use or play or on exhibition for the purpose of use or play unless the owner holds a license for each such device as required by this Section.

(1968 Code 5-3-4 as amended by Ordinance No. 10-77; amended in codification 1979; 1979 Code 7-2-4; amended by Ordinances No. 9-81, 3-82, 3-87, 6-88, 8-98, and 4-06)

7-2-105 Skating Rinks.

(1)    It shall be unlawful for any person to conduct or operate any skating rink within the City without having first obtained the license as required by this Section.

(2)    The annual fee for such a license shall be an amount set by Resolution of the City Council, which shall be in addition to the fee for any business license required by Chapter 1 of this Title. Such license shall be applied for to the License Officer in the same manner as licenses issued under Chapter 1 of this Title, but shall not be issued by the License Officer except upon specific approval by the City Council.

(3)    It shall be unlawful for the proprietor or any other person in charge of a skating rink to allow a minor under the age of eighteen (18) years to remain in such building or upon such premises after 11:00 p.m. on any day of the week other than Friday and Saturday, or after 12:00 midnight on Friday and Saturday. These provisions shall not apply where such minor is accompanied by his parent or guardian or other adult person having the custody and care of such minor.

(4)    It shall be unlawful for the proprietor or any person in charge of any skating rink to permit any person using profane language, or conducting himself in an indecent or disorderly manner, or under the influence of alcohol, to enter or remain within the building or upon the premises where such skating rink is operated.

(5)    All skating rinks shall be closed at 12:00 midnight of each day and shall remain closed until 6:00 a.m. of the succeeding day.

(1968 Code 5-3-5; minor changes in phraseology made in codification 1979; 1979 Code 7-2-5; amended by Ordinances No. 2-82, 6-88, 6-90, and 4-06)

7-2-106 Swimming Pools.

(1)    It shall be unlawful for any person to operate a public swimming pool within the City without having first obtained a license as required by this Section.

(2)    The annual fee for such a license shall be an amount set by Resolution of the City Council, which shall be in addition to the fee for any business license required by Chapter 1 of this Title. Such license shall be applied for to the License Officer in the same manner as licenses issued under Chapter 1 of this Title, but shall not be issued by the License Officer except upon specific approval by the City Council.

(3)    A lifeguard must be on duty at all times when the swimming pool is open to public use.

(4)    It shall be unlawful for the proprietor or any other person in charge of a swimming pool to allow a minor under the age of eighteen (18) years to remain in such swimming pool or on such premises after 11:00 p.m. on any day of the week other than Friday and Saturday, or after 12:00 midnight on Fridays and Saturdays. These provisions shall not apply where such minor is accompanied by his parent or guardian or other adult person having the care and custody of such minor.

(5)    It shall be unlawful for the proprietor or any person in charge of any swimming pool to permit any person using profane language or conducting himself in an indecent or disorderly manner or under the influence of alcohol to enter or remain in the swimming pool or upon the premises where such swimming pool is operated.

(6)    All swimming pools shall be closed at 12:00 midnight of each day and remain closed until 6:00 a.m. of the next succeeding day.

(1968 Code 5-3-6; minor changes in phraseology made in codification 1979; 1979 Code 7-2-6; amended by Ordinances No. 2-82, 6-88, 6-90, and 4-06)

7-2-107 Clubs and Recreational Associations.

It shall be unlawful for any business or social club or recreational or athletic association or club, whether incorporated or not, to maintain any club room or rooms or any regular meeting room or rooms within the limits of this City, without having first obtained a permit from the City Council to do so. Any such club or association shall at all times of business leave a front door unlocked and shall allow free entry and exit by any police officer of the City or any other peace officer.

(Statutory Authority UCA 10-8-81; 1968 Code 6-1-5; 1979 Code 7-2-7)

7-2-108 Fireworks.

It shall be unlawful for any person to sell any Class C fireworks as defined in Chapter 4 of Title 3 of this code, without first obtaining a license to do so. The fee for such a license shall be set by Resolution of the City Council, and is based upon whether the business is to be conducted in a temporary firework stand as permitted by Section 3-4-120(2) or within a permanent structure as part of an existing business in that structure which has been granted a license pursuant to Chapter 1 of this Title.

(1)    Such licenses shall be applied for to the City Recorder in the same manner as business licenses. In addition to the information required for a business license, the applicant shall submit with his application the following:

(a)    the proposed location of the firework stand or the name and address of the business at which the fireworks will be sold;

(b)    insurance certificates evidencing public liability coverage in favor of the applicant in the minimum amount of $1,000,000.00 per person, $3,000,000.00 per occurrence and property damage coverage in the minimum amount of $3,000,000.00 naming the city as an additional insured, plus products liability insurance in the minimum amount of $1,000,000.00;

(c)    a signed statement by applicant that he agrees to comply strictly with the terms of any license granted, with the provisions of state law and the regulations of the Utah Fire Prevention Board and with the terms of Chapter 4 of Title 3 of this Code;

(d)    a sales tax permit number; and

(e)    if the business is to be conducted from a temporary firework stand, a cash bond in an amount set by Resolution of the City Council to assure compliance with all provisions of this Code with regard to sale of fireworks and to assure removal of the stand and clean up of the site.

(1968 Code 5-3-7; amended in codification 1979; 1979 Code 7-2-8; repealed by Ord. No. 6-88; adopted by Ordinance No. 15-91, amended by Ordinance No. 4-06)