(a) In addition to any other condition or regulation contained in this chapter or in state statutes, or in the City Building and Zoning Codes, the following conditions and regulations shall be applicable to and shall govern and control all licenses of sweepstakes terminal cafes:
(1) Sweepstakes Terminal Cafes shall be a permitted conditional use only in the Bagley Road Commercial District (BRCD) zoning district in accordance with Chapter 301 of the Zoning Code and only after approval of same by the Municipal Planning Commission.
(2) Each such licensee shall at all times open each and every portion of the premises for inspection by the Police Department and other City departments for the purposes of enforcing any provisions of this chapter.
(3) Each such licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of a sweepstakes terminal cafe or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(4) No such licensee shall open the premises for business except between the following hours (local time) on the following days:
A. Sunday through Thursday, 9:00 a.m. to 11:00 p.m.; and
B. Friday and Saturday, 9:00 a.m. to 12:00 a.m. midnight.
(5) No such licensee shall allow living quarters to exist with direct entry to the premises.
(6) No such licensee shall operate the sweepstakes terminal cafe business other than on street level or on a level within three feet thereof.
(7) No such licensee shall allow any person, other than an owner or operator over the age of twenty-one years, who shall be readily identifiable, to be in control of the premises, nor allow such operator to be regularly situated in a place upon the premises other than a place from which he has an unobstructed view of the entire portion of the premises devoted to the operation of computerized sweepstakes devices.
(8) No person under the age of twenty-one years shall be permitted within a sweepstakes terminal cafe.
(9) Any and all sweepstakes rules and odds of winning shall be posted in a conspicuous place at the premises and displayed on the computerized sweepstakes device at the start of each game and/or activity.
(10) Each such licensee shall operate the sweepstakes terminal café business in compliance with any and all pertinent Federal Trade Commission rules and regulations.
(b) All computerized sweepstakes devices upon the premises of a sweepstakes terminal cafe shall be located thereon in conformity with the floor plan filed with the application for the license and in such a manner:
(1) So as not to impair ingress or egress to the premises;
(2) So as not to interfere with free and unfettered passage through the premises;
(3) So that at least 30 gross square feet of floor area is specifically designated for each amusement device, excluding areas used for other principal uses;
(4) So that there shall be a minimum unobstructed area of five feet on either side of each amusement device where persons may use, watch or wait to use such amusement device;
(5) So as to permit a clear and complete view of the interior of the premises immediately upon entry; and
(6) So that the back of any amusement device is not exposed to a window.
(Ord. 2010-56. Passed 10-4-10.)