§ 14-5. Shooting galleries.

(a)

Permit required. Any person desiring to open a shooting gallery shall make a written application for a permit to the department of police. This application will be considered at a regular meeting of the license review board which shall conduct a hearing and report its conclusions and recommendations to the mayor.

The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new permit. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

(b)

Renewal of permit. Owners or operators of shooting galleries shall renew their permits not later than January 1 of each year with the department of police.

(c)

Shooting by minors and drunken persons. It shall be unlawful for persons conducting any shooting gallery to allow minors, except with the consent of their parents or guardians, or drunken persons to practice shooting therein.

(d)

Restrictions in fire district. All shooting galleries located within the fire district shall close at 12:00 midnight of each day on which they are opened for business and shall not open until after 8:00 a.m. the following day. When so closed, the entire business of the galleries shall cease. No shooting or operation of targets or any of the activities of the place shall then be carried on. After 10:00 p.m. each day, only smokeless powder shall be used, and no loud bells or gongs shall be attached to targets.

(e)

Additional location restrictions. No shooting gallery shall be located within 800 feet of any other shooting gallery, and no shooting gallery shall be located within 800 feet of any of the following uses:

(1)

From any structures in residential use.

(2)

From any public or private school.

(3)

From any public or private park or recreation facility.

(4)

From any public library branch.

(5)

From any church or similar place of religious worship.

(6)

From any public or private hospital or mental health care facility.

(7)

From any child care or day care facility.

The distance in this subsection shall be measured in a straight line from the closest point of the property line of the site proposed to be occupied by the shooting gallery to the closest property line of any use identified above.

(f)

An applicant for a permit to operate a shooting gallery shall include with their application, a plat of survey prepared and sealed by a surveyor registered in the state certifying that all of the locational requirements in subsection (e) have been met.

(g)

An applicant for a new permit to operate a shooting gallery, who has acquired a previously permitted location may, within one year after the expiration of the previous owner's permit, apply for a shooting gallery permit for that location even though the location may not meet distance requirements contained in this section, though it shall meet and qualify under all other requirements of this section for the granting of a new permit.

(Code 1977, § 14-3008; Ord. No. 2008-79(08-O-1677), § 1, 11-6-08; Ord. No. 2013-22(13-O-1028), § 1, 5-29-13)