709.01 DEFINITIONS.

   As used in this chapter, unless the context otherwise indicates:

   (a)    "Amusement device" means any machine, instrument, or device, mechanical or electrically operated, which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall not include merchandise vending machines.

   (b)    "Person" includes the following: any person, firm, corporation or association which owns any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; the person, firm, corporation or association having control over such machines.

   (c)    "Exhibitor" means any individual, corporation or other entity or agent, thereof, owning and exhibiting or contracting or permitting any mechanical or electrically operated amusement device, as defined in subsection (a) hereof, to be installed, used and exhibited in his own place of business irrespective of the ownership of such device.

   (d)   "Arcade amusement center" means any individual premises upon which four or more amusement devices are located for the use of entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever.

   (e)   "Accessory amusement area" means an area of any individual premises wherein three or less amusement devices are located for the use of entertainment of the public, in which the operation of such amusement devices constitutes an accessory use to another business and is incidental and subordinate to the main use of the premises.
(Ord. 2003-22. Passed 3-24-03.)

709.02 AMUSEMENT DEVICE LICENSE REQUIRED.

   No person shall display for purpose of use any amusement device in the City without having first obtained a license therefor as provided in this chapter, which license shall be designated as an "amusement device license". A separate license is required for each such amusement device.
(Ord. 2003-22. Passed 3-24-03.)

709.03 ACCESSORY AMUSEMENT AREA REGISTRATION LICENSE.

   No person shall conduct or operate an accessory amusement area in the City without having first obtained a license therefor as provided in this chapter, which shall be designated as an "amusement area".
(Ord. 2003-22. Passed 3-24-03.)

709.04 ARCADE AMUSEMENT CENTER REGISTRATION LICENSE.

   No person shall conduct or operate an arcade amusement center in the City without having first obtained a license therefor as provided in this chapter which shall be designated as an "amusement center".
(Ord. 2003-22. Passed 3-24-03.)

709.05 SEVERABILITY.

   (a)     If any provision of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

   (b)    Any ordinance or Section thereof inconsistent herewith is hereby repealed.

(Ord. 2003-22. Passed 3-24-03.)

709.06 APPLICABILITY.

   (a)   The provisions of this chapter shall not apply to any amusement devices possessed and maintained in residences and used exclusively without charge by residents thereof and their invited guests.

   (b)   The provisions of this chapter shall not apply to any business or premises which are used solely for sale or lease of amusement devices and similar apparatus.

(Ord. 2003-22. Passed 3-24-03.)

709.07 APPLICATION FOR LICENSE.

   Application for a license for a mechanical or electrically operated amusement game or device shall be made to the Director of Public Safety on forms provided by him and shall set forth the name, residents and business addresses of the exhibitor of the device and the place where the device is to be exhibited and the identity of the person having title to said device.

(Ord. 2003-22. Passed 3-24-03.)

709.08 ISSUANCE OF LICENSE; FEE.

   The Director of Public Safety upon the payment of a fee in the amount of seventy-five dollars ($75.00) for each such amusement device, issue to the applicant a license for such number of devices as have been requested and approved. The license(s) shall be displayed at all times in a prominent place on the licensed premises. All licenses shall be issued for a period not to exceed one year and shall expire on March 31 of each year. No person shall exhibit a greater number of devices than are authorized by the license(s) issued for such premises. No license(s) may be transferred from one location to another, nor from one amusement device to another.

(Ord. 2003-22. Passed 3-24-03.)

709.09 ISSUANCE OF REGISTRATION; FEE.

   (a)    Arcade Amusement Centers. The fee for an arcade amusement center shall be two hundred dollars ($200.00) per year.

   (b)    Accessory Amusement Areas. The fee for an accessory amusement area registration shall be one hundred dollars ($100.00) per year.

   (c)   The registration shall be displayed at all times in a prominent place on the registered premises. All registration shall be issued for a period not to exceed one year and shall expire on March 31 of each year. No person shall exhibit a greater number of devices than are authorized by the registration issued for such premises. No registration may be transferred from one location to another.
(Ord. 2003-22. Passed 3-24-03.)