In this subtitle, the following terms have the meanings indicated. “Amusement device” has the meaning stated in <cite data-path="|15|§2-11">§ 2-11 of this article</cite>. “Director” means the Director of Consumer Protection and Business Licensing or the Director’s designee. “Zoning Board” means the Board of Municipal and Zoning Appeals of Baltimore City. City Code, 1976/83, art. 15, §92A-1 Ord. 99-547 Ord. 04-706 Ord. 22-125 For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

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 Director. A location permit is not required under this subtitle for any amusement arcade or recreation center that is operated by the City. City Code, 1976/83, art. 15, §92A-2 Ord. 83-1112 Ord. 99-547 Ord. 16-581

The application must be in the form and contain the information that the Director requires. City Code, 1976/83, art. 15, §92A-3 Ord. 99-547

Before a location permit (other than a renewal permit) may be issued, the applicant must post the proposed location for 15 days. If, within the 15-day posting period, the Director receives no more than 9 written objections from persons within the same election precinct as the proposed location, the permit may be issued. If, within the 15-day posting period, the Director receives 10 or more written objections from persons within the same election precinct as the proposed location, the Director must refer the matter to the Zoning Board for a hearing. City Code, 1976/83, art. 15, §92A-4 Ord. 83-1112 Ord. 99-547

On referral by the Director, the Zoning Board must hold a public hearing on the proposed location permit. Parties in interest and citizens must be given an opportunity to be heard at the hearing. Any denial of a permit must be in writing, with specific reasons given for the denial. If the Zoning Board denies a permit, then the applicant may not reapply for a permit for at least 12 months. City Code, 1976/83, art. 15, §92A-5 Ord. 83-1112 Ord. 99-547

Each permit expires annually on June 30 and is renewable as provided in this section. To renew a permit, the permit holder must apply no less than 30 days nor more than 60 days before the permit expires. The renewal application must be in the form and contain the information that the Director requires. On filing the renewal application and payment of the renewal fee, the Director 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 Director no later than 30 days before the permit expires. If the Director receives 10 or more timely objections from persons within the same election precinct as the location in question, the Director must refer the matter to the Zoning Board for a hearing. City Code, 1976/83, art. 15, §92A-6 Ord. 83-1112 Ord. 99-547

The annual fee for the permit is $15, payable on or before July 1 of each year. No refunds may be made of this fee, in whole or in part. City Code, 1976/83, art. 15, §92A-7 Ord. 83-1112 Ord. 99-547

On a finding that an applicant or permit holder has committed one of the offenses specified in subsection (b) of this section, the Zoning Board may:deny the permit or permit renewal; or suspend the permit for not less than 30 days nor more than 90 days. The Zoning Board may take action under subsection (a) of this section for any of the following causes:failing or refusing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; making any material false statement in any application for an initial or renewal permit; violating any provision of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>, <cite data-path="|health">Health Code Article, or Zoning Code Article, or of any other ordinance, rule, or regulation of the City;</cite> conviction of an owner, operator, or employee of the establishment of any violation of City Code <cite data-path="|19|§34-6">Article 19, § 34-6 {“Daytime and Nighttime Curfews: Prohibited conduct of establishments”}</cite>; conviction of an owner, operator, or employee of the establishment of any violation of City Code <cite data-path="|19">Article 19</cite>, Subtitle 25 {“Loitering — General”}; permitting the installation, maintenance, or operation of amusement devices in any way that impairs the safety, health, or general welfare of patrons or of the public in the immediate vicinity of the premises; lack of accessibility for fire and police protection; or lack of accessibility of light and air. The Zoning Board must issue a written decision and order on any application for a permit or renewal application within 5 days of the hearing on the matter. City Code, 1976/83, art. 15, §92A-8 Ord. 83-1112 Ord. 99-547 Ord. 07-552 Ord. 15-427

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Zoning Board may adopt rules and regulations for procedural purposes to carry out this subtitle. These rules and regulations become effective 7 days after they are filed with the Department of Legislative Reference. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Director may adopt rules and regulations to carry out the administrative provisions of this subtitle. These rules and regulations become effective 7 days after they are filed with the Department of Legislative Reference. City Code, 1976/83, art. 15, §92A-9 Ord. 83-1112 Ord. 99-547 Text Conformed 03/01/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsections (a)(1) and (b)(1) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations. Conformance TBA.

Any person required to obtain a location permit who fails to do so is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $15 for each day of the violation. City Code, 1976/83, art. 15, §92A-10 Ord. 83-1112 Ord. 99-547