As used in this article, the following words and phrases shall be construed as defined unless from the context a different meaning is intended or unless a different meaning is specifically defined:

(a)   Gaming means a group of individuals who voluntarily participate in goal-oriented play in which players shoot at each other with gaming markers under the supervision of the operator of a City-licensed facility who has the authority and responsibility to enforce specified rules and to end a game in the interest of safety.

(b)   Gaming Area(s) means any area where gaming is allowed under a City license, that may reasonably expect pellets to impact when discharged from a gaming marker resulting from direct fire and from misdirected and accidental discharges which takes into consideration all mitigation efforts as submitted by the park owner-operator and licensed by the City.

(c)   Gaming Park(s) means any business operating indoor or outdoor gaming, encompassing all areas of the park, including the gaming area, offices, storage buildings, parking areas, buffer zones and other accessory areas or structures.

(d)   Gaming Marker means any gun, rifle, pistol or implement which discharges a pellet and that is powered by compressed gas, spring-action, or an electrically-powered gear box which are unable to discharge paintballs or pellets at a speed faster than 320 feet per second.  Gaming markers reaching speeds of over 320 feet per second shall be considered firearms. 

(e)   Pellet(s) means either a plastic pellet or a plastic ball of paint designed to break upon impact, that is discharged from a gaming marker.

(f)   Obstacle(s) means any structure or item used in the Gaming Area for protection or obstruction of sight lines for purposes of Gaming.

(g)   Occupied Dwelling(s) means any residential structure which is legally occupied by one or more persons.

(h)   Person(s) means any individual, corporation, association, club, firm, or partnership.

(Ord. 3753; Code 2018)

(a)   No gaming park shall operate without having a valid license issued by the City of Osawatomie for such purposes. 

(b)   All gaming parks shall be operated in accordance with a valid license issued by the City of Osawatomie. 

(c)   Each gaming park shall be operated in a manner to contain the pellets, and ricochets of same, discharged at or within the gaming area.

(d)   Each gaming park shall be operated in a manner designed to minimize off-site noise impacts generated by the activities conducted on the gaming area and shall comply with the City’s noise ordinances.

(Ord. 3753; Code 2018)

In order to be issued a gaming park license, the operator of such shall be required to provide the following information to the City of Osawatomie and meet the included requirements, which will serve as the operator’s application for licensure.

(a)   Ownership. Information demonstrating that the applicant is the legal property owner(s) or lessees (or their agent) and shall also include the contact information for the operator applicant.

(b)   Written Facility Description. Written description of the shooting range facility, its location and uses abutting the property. 

(c)   Site Plan. A site plan for the entire gaming park that clearly depicts the property lines for any parcel upon which the shooting range is located, plan scale, and a complete layout of the park, including: existing and proposed structures, adjacent streets, occupied residential structures within 500 feet, access roads, parking areas, lighting and utilities.  Site plans shall also include the signage plan to include locations where both entrance, rules and warning signs will be installed, a detail indicating the size and material of the warning signs.  In no case shall a site be considered if it fails to meet the following:  adequate sanitation, water or heat; if outdoors, is 2 acres or greater in size; and the borders of which are no closer than 250 feet of an occupied residential structure. 

(d)   Security and Access Plan. Fencing, gates, and other features used by the park to control access to the facility.  Access to the park shall be secured and controlled, with ingress and egress permitted only during approved operating hours, except for access to perform routine maintenance or other business that does not involve gaming.

(e)   Operations Plan.  The applicant must include the all major portions of the operational plan, including but not limited to: types of gaming allowed, safety requirements of participants, shot containment measures for the property, emergency response plans, hours of operation, noise abatement, gaming marker limits, and projectile types allowed.  Such plans should meet the minimum operational standards:

(1)   Noise. In no case shall gaming activity at the park create decibel levels at the property line that are more than sixty-five (65) decibels.

(2)   Marker Regulation.  Any airsoft or paintball marker provided by the park operators or brought in by participants shall be able to discharge projectiles in charge of 300 feet per second for paintballs and 360 feet per second for plastic pellets.  The park owner-operator may require lower speed levels and must have a plan and procedure for regularly verifying projectile speeds of all markers.

(3)   Safety Equipment.  In no case shall the park owner-operator allow gaming activity to be conducted without protective masks or goggles. The plan should detail the safety equipment required for each type of activity.

(4)   Shot Containment. The information shall include a plan describing how projectiles or any other debris shall be contained in the gaming area, including rules of operation that promote shot containment.  Structures or devices that shall be installed for shot containment and rules shall be shown on the site plan. Parks shall be designed to contain all of the projectiles or any other debris within the gaming area.

(5)   Types of Projectiles.  All projectiles must be biodegradable or a plan must be provided which explains how the sweeping and collection of pellet debris will be accomplished.

(f)   Insurance. Documentation of the insurance coverage for the park and business.  The gaming park shall be covered by a minimum one million dollars ($1,000,000) per occurrence of liability insurance. Such insurance shall name the City as an additional insured and shall save and hold the City, its elected and appointed officials, and employees  acting  within  the  scope  of  the  their  duties  harmless  from  and  against  all  claims, demands, and causes of action of any kind of character, including the cost of defense thereof, arising in favor of a Person or group's members or employees or third parties on account of any property damage arising out of the acts or omissions of the licensee, his/her group, club, or its agents or representatives. The City shall be notified of any policy changes or lapses in coverage and operating without effective insurance is cause for immediate revocation of the license.

(g)   Pay a license fee to the City of not less than $100 which is to be established in the City’s annual fee resolution.

(Ord. 3753; Code 2018)

(a)   Review.  Once all the necessary information is provided to the City, the city’s building official will review and make recommendations to the city manager on the submitted plan’s compliance with park requirements, zoning regulations and city ordinances.  The city manager will forward all such recommendations to the City Council to consider approval of the license. 

(b)   Incomplete Application.  If the operator’s application is not in compliance with minimum requirements, the building official will request the additional information required.  Should the information not be required within one hundred eighty days, the application shall be considered abandoned.

(c)   Consideration of Application.  When considering to approve an application for a gaming park license, the City may consider all factors of the application, including the operator’s experience and business reputation, as well other non-factors, such as, but not limited to: whether the park fits within the environs of the proposed area; distance from other businesses and residences; estimated traffic impact to the surrounding area, and other issues related to the operation and location of the park.

(d)   Approval. If the license is approved by the City Council, the license shall be valid for three up to (3) years and shall expire on the last day of the calendar year which does not create a license which is issued for more than three years. 

(e)   Compliance with City Laws.  Any license issued hereunder does not relieve the licensee of compliance with the laws and regulations of the City of Osawatomie. 

(f)   Building or Improvement Permits.  Operator will obtain the necessary building or improvement permits as necessary.  Such license shall be secured prior to issuance of any building or other improvement permits of the City.

(Ord. 3753; Code 2018)

(a)   Annual Inspection.  A licensed shooting range facility shall be inspected by the City at least once by the building inspector during a calendar year for compliance with the license and general protection of public safety.

(b)   Modifications to License.  If a gaming park is intended to be substantially changed, expanded or modify operations, or to add additional activities not covered by an existing license, a license amendment shall be secured in accordance with all of the provisions of this article.

(c)   Renewal. Prior to the license expiration, the operator of the gaming park may request a license renewal, which will consist of updating all information in Section 503 of this Article and going through the same review process as a new license.

(d)   Abandonment and Discontinuance.  When an existing gaming park discontinues operations without the intent to reinstate operations, the property owner shall notify the City of such intent as soon as practicable. In any event, the discontinuance of operations or non-use for a period in excess of one year shall create the presumption said gaming park is abandoned and any current, valid permits issued shall terminate.

(e)   License Transferability.  A license issued pursuant to this article may not be transferred from one operator to another without the written approval and consent of the City Council.

(Ord. 3753; Code 2018)

(a)   Enforcement.  The city manager shall be responsible for the enforcement of the license and the provisions of this article. 

(b)   Complaints, preferably in writing, regarding non-conformance with any license shall be reported to the city manager, or his or her designee, who shall investigate the same and file a report of its findings.  Any violation which cannot be readily corrected by the operator or which the city manager finds that would be a threat to the public’s health, safety and welfare, shall be reported to the City Council for consideration of revocation of the license.  Any violation of this article or of any condition or requirement adopted pursuant to these provisions may be restrained, corrected, or abated, as the case may be, by revocation as allowed by state law.

(c)   License Revocation.  Any license issued under this article may be suspended or revoked following a vote of the City Council to hold a license revocation hearing.  The hearing shall not be held less than 20 days or more than 60 days after notification of the operator delivered in person or by certified mail.

(Ord. 3753; Code 2018)

Any Person who violates any of the provisions of this article is considered a Class C violation.  In the case of continuing violations, each day shall constitute a separate violation.

(Ord. 3753; Code 2018)

Because of the nature of the business, an outdoor gaming facility licensed to operate on property where City utilities are not adjacent to the property, the City of Osawatomie may waive as part of its license approval, requirements for all utilities on the site.  In such cases, the operator will provide a plan which meets all basic utility needs, such as water, sanitation and electric or gas heat.  Connection to city utilities will be required, within a reasonable time, once city utilities are located within 100 feet of the gaming park.

(Ord. 3753; Code 2018)