(a) As used in this chapter, except where the context clearly indicates a different meaning:
“Adult amusement arcade” means a self contained building or structure, which is either owner occupied or leased in which seventy-five percent (75%) of the business's usable floor area is used for the placement of skill-based adult amusement devices.
“Adult amusement device” means any skill-based adult device, machine or instrument legally operable within the State of Ohio which either may be activated for play by a third party, person or device, or upon the insertion of paper money, a coin, token, slug, or card, operates or may be operated as a game, contest, test of skill or other adult amusement of any kind for which a prize, reward, money or anything of value may be received. “Adult amusement device” does not include vending machines.
“Game machine” means any skill-based adult amusement device.
“Good moral character” means not having been convicted of a crime involving moral turpitude within five (5) years next preceding the date of the application.
“Malfunction” means failure to operate in accordance with design.
“Moral turpitude” means a conviction for a theft offense, fraud, falsification, drug offense, sex offense, an offense involving gambling or a felony.
“Operator” means any individual, corporation or other entity conducting the business of an adult amusement arcade.
“Owner” means any individual, corporation or other entity owning title to any adult amusement device or the real property at which an adult amusement arcade is operated.
“Playing area” means that portion of the premises where the primary use is for customer play on adult amusement devices.
“Skill-based adult amusement device” means a skill-based adult amusement device or skill- based adult amusement machine, such as a mechanical, electronic, video, or digital device or machine, whether or not the skill-based adult amusement device requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the device's offering or to activate the device, provided that all of the following apply:
(1) The device involves a task, game, play, contest, competition or tournament in which the player actively participates in the task, game, play, contest, competition or tournament.
(2) The outcome of an individual's play and participation is not determined largely or wholly by chance. For purposes of this chapter, “largely or wholly” means at least by fifty-one percent (51%).
(3) The outcome of play during a game is controlled only by the person actively participating in the game.
(4) The device only charges one (1) price to play a task, game, play, contest, competition or tournament.
A. All of the following apply to any device that is operated as described in this section:
1. As used in this section, “task,” “game” and “play” mean one (1) event from the initial activation of the device until the results of play are determined without payment of additional consideration. An individual utilizing a device that involves a single task, game, play, contest, competition or tournament may be awarded prizes based on the results of play; the prizes or rewards shall be established prior to the individual placing a wager; and, the individual shall be aware of what prize or reward will occur prior to the start of play.
2. Advance play for a single task, game, play, contest, competition or tournament participation may be purchased. The cost of the contest, competition or tournament participation may be greater than a single non- contest, competition or tournament play.
3. To the extent that the device is used in a contest, competition or tournament, that contest, competition or tournament has a defined starting and ending
date and is open to participants in competition for scoring and ranking results toward the awarding of prizes without payment of additional consideration.
4. No device shall have a guessing game at the end of a successfully completed task, game, play, contest, competition or tournament.
(Ord. 2007-029A. Passed 5-7-07.)