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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 703 Alarm Systems
CHAPTER 704 Amusement Devices
CHAPTER 705 Billposters and Distributors
CHAPTER 709 Boxing and Wrestling
CHAPTER 711 Cable Service and Competitive Video Service
CHAPTER 713 Circuses and Carnivals
CHAPTER 715 Sweepstakes Terminal Café
CHAPTER 717 Dances
CHAPTER 721 Distress Merchandise Sales
CHAPTER 725 Fair Housing Practices
CHAPTER 729 Juke Boxes
CHAPTER 733 Junk Yards
CHAPTER 734 Medical Marijuana Entities
CHAPTER 735 Massage Parlor Establishments
CHAPTER 736 Motor Vehicle Salvage Dealers
CHAPTER 737 Peddlers, Canvassers and Solicitors
CHAPTER 741 Railroads
CHAPTER 745 Rummage Sales
CHAPTER 746 Sexually Oriented Businesses; Licensing and Operation
CHAPTER 747 Tattoo or Body Piercing Establishments
CHAPTER 749 Taxicabs
CHAPTER 750 Taxicabs
CHAPTER 753 Temporary Stores
CHAPTER 757 Weapons Sales
CHAPTER 761 Weights and Measures
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 704
Amusement Devices
704.01   Title, purpose and objectives.
704.02   Construction, separability and applicability of chapter.
704.03   Definitions.
704.04   Amusement device license required.
704.05   Accessory amusement area license required.
704.06   Arcade amusement center license required.
704.07   Authority of Building Inspector.
704.08   Nature of licenses.
704.09   Procedure for obtaining licenses.
704.10   Denial of arcade amusement center license.
704.11   Conditions and regulations.
704.12   Prohibited conduct and conditions in accessory amusement areas and arcade amusement centers.
704.13   License expiration, suspension or revocation.
704.14   License fees.
704.15   Amusement devices permit required for certain liquor establishments.
704.16   Equal opportunity.
 
704.99   Penalty.
   CROSS REFERENCES
   Disorderly conduct; intoxication - see GEN. OFF. 509.03
   Gambling in general - see GEN. OFF. 517.02
   Falsification - see GEN. OFF. 525.02
   Open container prohibited - see GEN. OFF. 529.07
   Making or using slugs - see GEN. OFF. 545.11
   Tampering with coin machines - see GEN. OFF. 545.12
704.01 TITLE, PURPOSE AND OBJECTIVES.
   (a)   Title. This chapter shall be known and may be cited as the Elyria Amusement Device Ordinance.
   (b)   Purpose and Objectives. It is the purpose of this chapter and the policy of the City to establish standards for the licensing, regulation and control of amusement devices, amusement device businesses and premises upon which they are located and operated for purposes of entertainment of the public. The objectives of this chapter are to prevent safety and fire hazards, disturbances, disruption of pedestrian traffic, disorderly assemblies, theft of personal property, gambling and truancy within the City.
(Ord. 88-84. Passed 3-7-88.)
704.02 CONSTRUCTION, SEPARABILITY AND APPLICABILITY OF CHAPTER.
   (a)   Construction. This chapter shall be liberally construed and applied to promote its purpose and objectives.
   (b)   Separability. 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.
   (c)   Applicability.
      (1)   The provisions of this chapter shall not apply to any amusement devices possessed and maintained in the residence and used exclusively without charge by residents thereof and their invited guests.
      (2)   The provisions of this chapter shall not apply to any business or premises which are used solely for the sale or lease of amusement devices and similar apparatus.
      (3)   The provisions of this chapter, other than Section 704.15, shall not apply to any business or premises licensed by the State Department of Liquor Control for on-premises consumption of alcoholic beverages, so long as no greater than twenty-five percent of the annual gross revenue of such business or premises is generated from the operation of amusement devices.
(Ord. 88-84. Passed 3-7-88.)
704.03 DEFINITIONS.
   As used in this chapter:
   (a)   "Amusement device" means any machine, game or apparatus which, upon the insertion of a coin, token or similar object, or upon payment of anything of value, may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which in no way tends to encourage gambling. "Amusement device" specifically includes, but is not limited to, such devices as electronic or mechanical game machines, video game machines, pinball machines, skill-ball machines, bowling machines or any other mechanical or electronic games or apparatus similar thereto under whatever name it may be known. "Amusement device" does not include vending machines, telephones, weight scales, medical devices, riding devices, music devices, pool or billiard tables, or similar devices which provide a product, information or service and which are not designed or operated by the public generally for use as a game, entertainment or amusement.
   (b)   "Amusement device business" means an arcade amusement center or an accessory amusement area.
   (c)   "Arcade amusement center" means any individual premises upon which four or more amusement devices are located for the use or entertainment of the public, whether or not such premises have other business purposes of any nature whatsoever.
   (d)   "Accessory amusement area" means an area of any individual premises wherein three or fewer amusement devices are located for the use or 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.
   (e)   "Building Inspector" means the City Building Inspector.
   (f)   "Board" means the City Board of Zoning Appeals.
   (g)   "Operator" means the person or persons having authority to control the premises of an arcade amusement center or an accessory amusement area.
   (h)   "Distributor" means any person who supplies an amusement device for himself or to another for use in an arcade amusement center or an accessory amusement area.
   (i)   "Licensee" means the person or persons who sign an application for a license hereunder and to whom such license is issued.
   (j)   "Owner" means any person who possesses a pecuniary interest, either directly or indirectly, of twenty-five percent or more in an amusement device business.
   (k)   "Person" means any natural person, firm, partnership, association, corporation or any other form of business organization.
   (l)   "Premises" means the building or portion thereof used for conducting the operation of an amusement device business.
   (m)   "School" means any educational institution, public, private, secular or parochial, which offers instruction of high school grade or lower.
(Ord. 88-84. Passed 3-7-88.)
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