As used in this article the following definitions shall apply unless the context clearly requires otherwise:
(a) Shooting Gallery or Shooting Range - Any premises, structure or building maintained for the purpose of discharging or firing any gun, rifle, pistol, revolver, or other firearm at a target.
(b) Persons -Any individual, firm, company, partnership, corporation, or association of persons.
(Ord. 95-605, Sec. 1)
No person shall operate or maintain a shooting gallery without first obtaining a license therefor. He or she shall obtain such license from the city clerk. Each application for such license shall be in writing and shall state the full name and place of residence of the applicant, or if the applicant be a partnership, of each member thereof, or, if a corporation or association, of each officer, shareholder, and member thereof, together with the address of the place or places where the shooting gallery shall operate, and such other information as may be necessary to determine the applicant’s qualifications for a license in accordance with the provisions of this article.
(Ord. 95-605, Sec. 1)
No license shall be issued permitting the operation of a shooting gallery within the city unless first approved by the chief of police and the director of public works. Upon receipt of an application, the city clerk shall forthwith submit a copy thereof to the chief of police, or in his or her absence, the officer in charge of the police department, who will conduct a records check on all applicants, and to the director of public works, or in his or her absence, that employee in charge of inspections, who will inspect the premises and insure that all buildings and/or structures are secure, properly constructed, and that the premises are properly zoned, and they shall within five working days, recommend approval, or disapproval of each application.
(Ord. 95-605, Sec. 1)
No license or any renewal thereof shall be granted to:
(a) Any person who is not a citizen of the United States;
(b) Any person who has not been a actual resident of the State of Kansas for at least two years immediately preceding the date of his or her application;
(c) Any person who has been convicted of or has pleaded guilty to a felony under the laws of this state, or any other state, or of the United States, or shall have forfeited his or her bond to appear in court to answer charges for any such offense within the 10 years immediately prior to such person’s application for a license;
(d) Any person who has had his or her license revoked for cause under the provisions of this article;
(e) Any person who is not at least 21 years of age;
(f) Any person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application.
(g) Any person who does not own the premises for which a license is sought, unless he or she has a written lease therefor for the full term for which the license is to be issued;
(h) Any person whose spouse would be ineligible to receive a license hereunder for any reason other than the age, citizenship, and residence requirements;
(i) Any partnership, unless all the partners shall be eligible to receive a license as an individual; and
(j) A corporation if any officer, manager, director, or stockholder would be ineligible to receive a license as an individual.
(Ord. 95-605, Sec. 1)
No license shall be issued to any person if the location of the shooting gallery is not zoned for that use or purpose or whose proposed premises and/or structures are not secure and properly constructed.
(Ord. 95-605, Sec. 1)
It shall be the duty of every licensee to:
(a) Observe all municipal, state, or federal regulations that govern the discharging or firing of any gun, rifle, pistol, revolver, or other firearm;
(b) Observe all municipal, state, or federal regulations that govern the storing, use of, or disposal of harmful or hazardous materials, firearms, ammunition, and explosives;
(c) Construct, maintain, and operate each shooting gallery in a manner consistent with safe, approved practices as established by the National Rifle Association of America or other recognized body.
(Ord. 95-605, Sec. 1)
Any license issued under this article may be suspended or revoked after due notice of a public hearing before the governing body if the licensee:
(a) Failed to pay the annual license fee;
(b) Violated any provision of this article; or
(c) Is convicted of or has pleaded guilty to a felony under the laws of this state, or any other state, or the United States, or shall have forfeited his or her bond to appear in court to answer charges for any such offense, if such conviction or appeal occurred subsequent to or within the 10 years immediately prior to the date of the licensee’s application for the license. Any license issued under this article shall be revoked, after due notice and hearing thereon, if it shall be proved at the hearing that the licensee sold any handgun to a minor, or allowed any minor to utilize its facilities without proper supervision and instruction or without the written consent of the partner or legal guardian of such minor.
The hearing herein provided shall be held within 30 days after notice thereof and the alleged violation determined by written order of the governing body within 60 days after such hearing is concluded; but no revocation 9r suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any borrower.
(Ord. 95-605, Sec. 1)
The document or other instrument evidencing the license of a shooting gallery shall be kept conspicuously posted in the place of business of the licensee. It shall not be transferrable or assignable.
(Ord. 95-605, Sec. 1)
A license fee of $25, shall be collected with each application and shall be returned to the applicant if a license is not approved. Each approved license shall be issued for the calendar year or remainder thereof in which it is first issued. All licenses shall be renewed each calendar year or portion thereof thereafter.
(Ord. 95-605, Sec. 1)