City of
WAYNE,
NEBRASKA
Chapter 10 AMUSEMENTS AND ENTERTAINMENTS* (return
to index)
__________
*Cross references: Businesses, ch. 22.
State law references:
Authority to regulate
bowling alleys, billiard tables and other forms of amusement, R.R.S. 1943, §
16-226.
__________
Article
I. In General
Sec. 10-1. Public entertainment; hours.
Sec. 10-2. Public entertainment; supervision.
Secs.
10-3--10-30. Reserved.
Article
II. City Lottery
Sec.
10-31. Establishment.
Secs.
10-32--10-60. Reserved.
Article
III. Bowling
Sec.
10-61. Definitions.
Sec.
10-62. Regulations.
Sec.
10-63. Minors.
Secs.
10-64--10-100. Reserved.
Article
IV. Bingo
Sec.
10-101. Regulation.
Sec.
10-102. Quarterly report.
Sec.
10-103. Incorporated regulation.
Sec.
10-104. Elections.
Sec. 10-1.
Public entertainment; hours. (return to ch. 10)
It shall be unlawful for
any person to manage, sponsor or participate in any public entertainment later
than the hour of 1:00 a.m. or before the hour of 8:00 a.m. Public entertainment
shall include music concerts, dances, rock festivals, masquerade or ball, play,
comedy, entertainment, circus, or carnival given or conducted for which a fee,
contribution, or collection for purposes of admission is charged. The term
"public entertainment" shall not be construed to include any such
activity to which admission is limited strictly to persons expressly invited by
the person, business, organization or society giving or holding such public
entertainment, and which is not given or conducted designedly for profit or
gain to such person, business, organization or society giving or conducting the
entertainment. The provisions of this section shall not apply to any public entertainment
conducted under the supervision and direction of a department or division of
the city or any college or school district within the city.
(Ord. No. 98-6, § 1,
5-12-1998)
Sec. 10-2.
Public entertainment; supervision. (return to ch. 10)
The city police shall be
permitted to enter any public entertainment event for the purpose of inspection
at any time.
(Ord. No. 98-6, § 2,
5-12-1998)
Secs. 10-3--10-30.
Reserved. (return
to ch. 10)
Under the provisions of
R.R.S. 1943, § 9-625, a lottery is created and established; and the proceeds of
the lottery will be used for community betterment purposes and the awarding of
prizes to participants. The council shall adopt by resolution the necessary
rules and regulations for the conduct of the lotteries.
(Code 1974, § 10-701)
State law
references: Authority to
establish lotteries, R.R.S. 1943, § 9-625.
Secs. 10-32--10-60.
Reserved. (return
to ch. 10)
__________
*State law
references: Authority to
regulate bowling alleys, R.R.S. 1943, § 16-226.
__________
The following words,
terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Bowling alley means any room, building or structure in
which a game consisting of rolling a heavy ball down a wooden lane in an
attempt to knock over wooden pins set upright at the opposite end of the lane
is played, whether or not it is in connection with any other business.
(Code 1974, § 10-301)
Cross references: Definitions
generally, § 1-2.
It shall be unlawful for
any person to own, maintain or operate any bowling alley for profit without
having first obtained a license from the city. Any person desiring a license to
operate, maintain or own a bowling alley shall file a written application with
the city clerk. The application form shall contain such information and
documents or copies as the council deems necessary to determine whether to
grant or reject the application. Upon determination that the granting of the
license would be beneficial to the city, the council shall immediately direct
the city clerk to issue the license to the applicant upon the payment of a fee
set by resolution of the council. The license shall be subject to revocation at
any time for good and sufficient cause by the council upon the issuance of
proper notice and a hearing if the licensee should make such a request. Any
person so licensed shall be subject to any bond, fees, or other rules and
regulations as may be set by resolution of the council for the benefit of the
city.
(Code 1974, § 10-302)
(a) It shall be unlawful for any person
operating any bowling alley to allow any minor to violate section 6-16.
(b) It shall be unlawful for any person
operating a bowling alley to allow or permit any disturbance of the peace,
fighting, gambling, drinking of alcoholic beverages or drunkenness.
(Code 1974, § 10-303)
Secs. 10-64--10-100.
Reserved. (return
to ch. 10)
__________
*State law
references: Nebraska
Bingo Act, R.R.S. 1943, § 9-201 et seq.
__________
Games of bingo shall be
conducted within the city in accordance with all laws of the city and the state
if the game of bingo is played for or involves profit or gain. Any association
duly licensed by the state to conduct the game of bingo shall obtain a written
permit from the council before commencing operation of the game. Application
shall be made to the city clerk for such permit. The application form shall
contain such information and documents or copies as the council deems necessary
to determine whether to grant or reject the application. Upon the determination
that granting the application would be proper, the council shall immediately
direct the city clerk to issue the license to the applicant upon the payment of
the currently required annual permit fee. The license shall be subject to
revocation at any time for good cause. Any person so licensed shall be subject
to any other fees, rules and regulations the council may designate. All permits
so issued will automatically expire on September 30 following its issuance or
renewal. The fee for each renewal shall be set by the council. The fee shall be
credited to the general fund. The permit shall be on display at any place where
a game of bingo is conducted.
(Code 1974, § 10-305)
State law
references: Annual permit
fee, R.R.S. 1943, § 9-236.
Each association
conducting the game of bingo shall submit a written quarterly report to the
city clerk covering the preceding calendar quarter on or before the 30th day of
the immediately succeeding calendar quarter.
(Code 1974, § 10-307)
State law
references: Similar
provisions, R.R.S. 1943, § 9-239.
Sec. 10-103.
Incorporated regulation. (return to ch. 10)
All applicable state
statutes as they now exist or may hereafter be amended shall be, and will
constitute, a part of this article as if repeated verbatim; and violation of
any state statute will be a distinct and separate offense against the city as
well as against the state. Violators shall be separately prosecuted by the city
for each of such offenses, and if convicted, shall be deemed to be guilty of a
misdemeanor and punished in accordance with section 1-9.
(Code 1974, § 10-308)
No permit for conducting
the game of bingo shall be issued by the city should a majority of the
qualified electors of the city voting at the election at which the proposition
was submitted determine that the game of bingo should not be conducted within
the city unless the same quota of the qualified electors of the city shall
again authorize the operation of the game.
(Code 1974, §
10-309)
