(A) There is excepted and excluded from the provisions hereof the following.
(1) Hotels, inns, or motels for accommodation of the traveling public which are designed primarily to serve transient patrons, and where the hotel, inn, or motel contains not less than 50 sleeping units, dining facilities for not less than 100 persons, and not less than 15,000 square feet of parking space.
(2) Facilities which (a) prohibit the entry of minors unaccompanied by a responsible adult, having dining facilities for not less than 100 persons, not less than 15,000 square feet of parking space, and derive at least 50% of their gross revenue from the sales of food and beverage; or, (b) prohibit the entry of minors unaccompanied by a responsible adult, having dining facilities for not less than 100 persons and providing a full food menu during all hours that the facility is open to the public, in a building of not less than 25,000 square feet. Provided, however, that facilities which operate under this division (2)(a) shall not be permitted to maintain on these premises, devices of the electro-mechanical pinball type.
(B) The provisions of (A) above shall not apply to any location:
(1) At which there existed and were operated five or more coin-operated amusement devices and/or electro-mechanical pinball machines on the date of final passage of Ordinance O-32-79; and
(2) Within such location there were, on the date of final passage of Ordinance O-32-79 and continue to exist, adequate restroom facilities consisting of separate facilities for male and female patrons. The requirement of this division (2) is satisfied if the location of these machines and devices is part of a larger building or structure and adequate restroom facilities consisting of separate facilities for male and female patrons exist within the larger building or structure which are available to patrons of the location by specific consent of the owner or person having control of the larger building or structure.
(3) If a location which is exempted under divisions (1) and (2) of this division (B) exists within an enclosed shopping structure which contains ten or more retail stores, and where security personnel are provided for all common areas of the structure, the location may be moved to other space within the structure and/or enlarged; provided that the total number of locations within the structure is not increased.
(4) Where the location of the machines and devices is within and part of a larger facility which offers recreational activities to the public such as golf, miniature golf, batting cages, basketball courts, racquetball, tennis, billiards, ice skating, roller skating, auto racing, boating, bowling, or other similar recreational activity.
(5) The maximum number of machines and devices allowed at each location to which division (B) of this section applies shall be determined in accordance with the following formula: one machine or device is allowed for each 100 square feet of the location (exclusive of parking areas) devoted to the recreational activities provided that: (1) not more than 40% of the area of the principal building at the location may be devoted to machines or devices, and (2) all machines and devices shall be contained within the principal building.
(Ord. O-32-79, passed 9-27-79; Am. Ord. O-27-81, passed 5-12-81; Am. Ord. O-23-90, passed 9-25-90; Am. Ord. O-38-93, passed 12-14-93; Am. Ord. O-24-14, passed 10-14-14) Penalty, see § 112.99
Statutory reference:
Regulating amusements, see KRS 85.150
Regulating amusements, see KRS 85.150