EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: President Dixon
At the request of: Baltimore Licensed Beverage Association
Address: c/o Stanley S. Fine, 25 S. Charles Street, Baltimore, Maryland 21201
Telephone: 410-727-6600
A BILL ENTITLED
AN ORDINANCE concerning
Title
Zoning - Licensing and Regulation - Amusement Devices - Amusement Device Location Permits
FOR the purpose of modifying certain limitations on amusement devices as an accessory use in certain zoning districts; repealing certain posting, hearing, and related requirements for amusement device location permits; and generally relating to amusement devices and amusement device location permits.
Body
BY repealing and reordaining, without amendments
Article - Zoning
Section(s) 1-110, 6-307, 6-407, 6-507, 6-607, 7-310, and 7-409
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Zoning
Section(s) 6-207(2) and 7-209(1)
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article 15 - Licensing and Regulation
Section(s) 2-11(b), 3-1(b), 3-2
Baltimore City Code
(Edition 2000)
BY repealing
Article 15 - Licensing and Regulation
Section(s) 3-4 and 3-5
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 15 - Licensing and Regulation
Section(s) 3-6
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Zoning
§ 1-110. Amusement device.
(a) In general.
"Amusement device" has the meaning stated in City Code Article 15, § 2-11, except as specified in subsection (b) of this section.
(b) Exclusions.
"Amusement device" does not include any peep show device.
§ 6-207. Accessory uses.
In a B-1 District, accessory uses and structures include the following:
(2) Amusement devices, as follows:
(i) No more than [5] 6 amusement devices, PLUS UP TO AN AGGREGATE OF 5 POOL TABLES OR POOLETTES, BOWLING OR SHUFFLEBOARD MACHINES, AND JUKE BOXES OR OTHER MUSIC PLAYERS, when used in combination with one of the following:
(A) Billiard or pool room.
(B) Bowling alley.
(C) Bus, train, or boat terminal.
(D) Hotel or motel.
(E) Marina.
(F) Miniature golf.
(G) Race track.
(H) Restaurant [with alcoholic beverage license].
(I) Skating rink.
(J) Social, fraternal, or veteran's club.
(K) Swimming pool.
(L) Tavern.
(M) Tennis or racquet club: Indoor.
(ii) No more than [5] 6 amusement devices, PLUS UP TO AN AGGREGATE OF 5 POOL TABLES OR POOLETTES, BOWLING OR SHUFFLEBOARD MACHINES, AND JUKE BOXES OR OTHER MUSIC PLAYERS, when used in combination with other uses that the Board finds, after a public hearing, to be entertainment, leisure, or recreation oriented.
(iii) Amusement devices when used in combination with uses that are not entertainment, leisure, or recreation oriented, subject to:
(A) the required location permit having been obtained under Article 15 of the City Code; and
(B) the following limits based on the floor area of the location's interior space devoted to the principal use:
1. no more than [1 device] 2 DEVICES if the net floor area is 600 square feet or less; and
2. no more than [2] 4 devices if the net floor area exceeds 600 square feet.
§ 6-307. Accessory uses.
In a B-2 District, accessory uses and structures are the same as those in a B-1 District, except that the gross floor area limitations of a B-1 District do not apply in a B-2 District.
§ 6-407. Accessory uses.
In a B-3 District, accessory uses and structures are the same as those in a B-2 District.
§ 6-507. Accessory uses.
In a B-4 District, accessory uses and structures are the same as those in a B-1 District, except that the gross floor area limitations of a B-1 District do not apply in a B-4 District.
§ 6-607. Accessory uses.
In a B-5 District, accessory uses and structures are the same as those in a B-1 District, except that the gross floor area limitations of a B-1 District do not apply in a B-5 District.
§ 7-209. Accessory uses.
In an M-1 District, accessory uses and structures include, but are not limited to, the following, subject to compliance with the performance standards set forth in Title 12 {"Performance Standards"} of this article:
(1) Amusement devices, as follows:
(i) No more than [5] 6 amusement devices, PLUS UP TO AN AGGREGATE OF 5 POOL TABLES OR POOLETTES, BOWLING OR SHUFFLEBOARD MACHINES, AND JUKE BOXES OR OTHER MUSIC PLAYERS, when used in combination with one of the following:
(A) Billiard or pool room.
(B) Bowling alley.
(C) Bus, train, or boat terminal.
(D) Hotel or motel.
(E) Indoor tennis or racquet club.
(F) Marina.
(G) Miniature golf.
(H) Race track.
(I) Restaurant [with alcoholic beverage license].
(J) Skating rink.
(K) Social, fraternal or veteran club.
(L) Swimming pool.
(M) Tavern.
(ii) No more than [5] 6 amusement devices, PLUS UP TO AN AGGREGATE OF 5 POOL TABLES OR POOLETTES, BOWLING OR SHUFFLEBOARD MACHINES, AND JUKE BOXES OR OTHER MUSIC PLAYERS, when used in combination with other uses that the Board finds, after a public hearing, to be entertainment, leisure, or recreation oriented.
(iii) Amusement devices when used in combination with uses that are not entertainment, leisure, or recreation oriented, subject to:
(A) an amusement device location permit having been obtained under Article 15 of the City Code; and
(B) the following limits based on the net floor area of the location's interior space devoted to the principal use:
1. no more than [1 device] 2 DEVICES if the net floor area is 600 square feet or less; and
2. no more than [2] 4 devices if the net floor area exceeds 600 square feet.
§ 7-310. Accessory uses.
In an M-2 District, accessory uses and structures are the same as those in an M-1 District, except that they need not comply with the performance standards in Title 12 {"Performance Standards"} of this article.
§ 7-409. Accessory uses.
In an M-3 District, accessory uses and structures are the same as those in an M-1 District, except that they need not comply with the performance standards in Title 12 {"Performance Standards"} of this article.
Baltimore City Code
Article 15 - Licensing and Regulation
Subtitle 2. Amusements
Part 3. Amusement Devices
§ 2-11. Definitions.
(b) Amusement device.
(1) In general.
"Amusement device" means any electronic or mechanical device that is designed to provide amusement or entertainment and for which a fee is charged to operate or use.
(2) Illustrations.
"Amusement device" includes any of the following for which a fee is charged to operate or use:
(i) video or electronic game;
(ii) computer console or Internet connection;
(iii) pinball or console machine;
(iv) bowling or shuffleboard machine;
(v) pool table or poolette;
(vi) target machine;
(vii) baseball machine;
(viii) riding device;
(ix) claw machine, digger, or rotary merchandiser;
(x) jukebox or other music player;
(xi) player piano;
(xii) peep show device; or
(xiii) similar device.
(3) Exclusion.
"Amusement device" does not include a bona fide vending machine that does not incorporate an amusement or entertainment feature.
Subtitle 3. Amusement Device Location Permits
§ 3-1. Definitions.
(b) Amusement device.
"Amusement device" has the meaning stated in § 2-11 of this article.
§ 3-2. Permit required.
(a) In general.
Except as specified in subsection (b) of this section, any person who proposes to locate 1 or more amusement devices in an establishment for the use of the general public must first obtain an amusement device location permit from the Commissioner of Housing and Community Development.
(b) Exceptions.
A location permit is not required under this subtitle for:
(1) any establishment that is entertainment, leisure, or recreation oriented, as listed in or determined by the Zoning Board under § 6-207, 7-209, or 13-610 of the Zoning Code; or
(2) any amusement arcade or recreation center that is operated by the City.
[§ 3-4. Posting; objections.
(a) Posting required.
Before a location permit (other than a renewal permit) may be issued, the applicant must post the proposed location for 15 days.
(b) 9 or fewer objections.
If, within the 15-day posting period, the Commissioner receives no more than 9 written objections from persons within the same election precinct as the proposed location, the permit may be issued.
(c) 10 or more objections.
If, within the 15-day posting period, the Commissioner receives 10 or more written objections from persons within the same election precinct as the proposed location, the Commissioner must refer the matter to the Zoning Board for a hearing.]
[§ 3-5. Hearing on objections; denial.
(a) Public hearing required.
(1) On referral by the Commissioner, the Zoning Board must hold a public hearing on the proposed location permit.
(2) Parties in interest and citizens must be given an opportunity to be heard at the hearing.
(b) Denial to be in writing.
Any denial of a permit must be in writing, with specific reasons given for the denial.
(c) Reapplication waiting period.
If the Zoning Board denies a permit, then the applicant may not reapply for a permit for at least 12 months.]
§ 3-6. Term and renewal of permits.
(a) Term.
Each permit expires annually on June 30 and is renewable as provided in this section.
(b) Application for renewal.
(1) To renew a permit, the permit holder must apply no less than 30 days nor more than 60 days before the permit expires.
(2) The renewal application must be in the form and contain the information that the Commissioner requires.
[(3) On filing the renewal application and payment of the renewal fee, the Commissioner must approve the application unless 10 or more written objections from persons within the same election precinct as the location in question are filed with the Commissioner no later than 30 days before the permit expires.
(4) If the Commissioner receives 10 or more timely objections from persons within the same election precinct as the location in question, the Commissioner must refer the matter to the Zoning Board for a hearing.]
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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