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(A) It shall be unlawful for any individual person, firm, association, partnership, or corporation to maintain for the purpose of distribution, or to distribute, any amusement device(s) within the city without first applying for and obtaining identification tags for each device as provided in this subchapter.
(B) It shall be unlawful for any person or entity to knowingly allow the placement or operation of an amusement device in any type of establishment, without affixing thereto and displaying a current identification tag on each device. The identification tag, evidencing compliance with this subchapter, shall be affixed to and in plain view under the glass panel of each device in any retail or commercial establishment, including an arcade as defined herein.
(C) It shall be unlawful for any individual, association, firm, partnership, or corporation to maintain or operate an arcade without first obtaining an arcade license as provided in this subchapter.
(D) It shall be unlawful for any person or entity to permit the use and operation of an amusement device in any establishment or premises which has not been issued a license and location permit as provided in this subchapter.
(E) It shall be unlawful for any individual, association, firm, partnership, or corporation, or their agents, to install, affix, place, or allow the placement, use, or operation of any amusement device in any enclosure, booth, curtained or sectioned area, or in a room having an area of less than 100 square feet. All devices, playing, viewing, or entertainment areas where devices are located must be visible from a continuous main aisle, and must not be obscured by any curtain, door, panel, wall, or other enclosure.
(F) It shall be unlawful to permit any person under the age of 12 years to use or operate any amusement device unless accompanied by a parent or guardian.
(G) Except for establishments which are licensed by the state for the sale and consumption of liquor on the premises, it shall be unlawful to operate or cause to be operated, an arcade between the hours of 11:00 p.m. and 9:00 a.m. except on Fridays, Saturdays, and legal holidays, when the prohibited hours shall be between 12:00 a.m. and 9:00 a.m. Establishments which are licensed by the state for the sale and consumption of liquor on the premises shall be permitted to allow the operation of properly approved amusement devices on the premises during the hours that the establishments are permitted to offer liquor for sale and consumption on the premises.
(‘83 Code, § 116.56) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) Upon receipt of an application for a license or tag as required by this subchapter, the City Council shall review the information contained therein, the police investigation report, and any other pertinent information to determine whether the applicant has met all requirements prescribed by this subchapter. The City Council may choose to interview the applicant to determine the veracity of the applicant and his or its ability to comply with all requirements in this subchapter. The City Council shall authorize the issuance of a license or permit and tags by the office of the City Clerk upon determining that the applicant has demonstrated his or its ability to comply with all requirements contained in this subchapter.
(B) If the City Council determines that the applicant has failed to meet any of the requirements contained in this subchapter, it shall deny approval of the application, and no license, permit, or tag shall be issued. The reason or reasons for the denial shall be set out in a written decision as fully as possible and practicable.
(C) Once the City Council has approved an application for a license, permit, or tag required by this subchapter, and the appropriate fees have been paid, the City Clerk shall issue the appropriate license, permit, or tag to the applicant.
(‘83 Code, § 116.60) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88)
(A) No person, licensee, tenant, lessee, owner, or operator of any amusement device or arcade, or any servant, agent, or employee of a licensee or owner of an amusement device or arcade, shall permit upon the premises housing an amusement device any of the following.
(1) Any indecent, immoral, or profane language, or indecent, unlawful, or disorderly conduct.
(2) Any fighting, loitering, or destruction of property on the premises; or permit the premises to become a resort for disorderly persons.
(3) Any prostitution, accosting, soliciting, sexual activity, drug use, or drug trading.
(4) Gambling, or the use, possession, or presence of gambling paraphernalia on the premises.
(5) Intoxicated persons to loiter on the premises.
(6) The possession or use of any alcoholic liquor on the premises of an arcade, or permit the premises of an arcade to be accessible in any way with any place where alcoholic liquor is kept, sold, distributed, or given away. This division shall not apply to establishments which are licensed by the state for consumption of liquor on the premises.
(7) The possession or use of any drug, narcotic, or controlled substance, including marijuana, on the premises.
(8) Noise or music to emanate from the premises which is disturbing to the surrounding area.
(9) Accept or receive anything of value other than cash as consideration for the use or operation of any amusement device.
(B) Any operator or proprietor shall presumptively be deemed to have permitted the conduct enumerated above if it occurs on the premises housing an amusement device.
(‘83 Code, § 116.65) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
(A) Nothing in this subchapter shall in any way be construed to authorize, license, or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law. Any and all such devices will be confiscated.
(B) It shall be unlawful for any person, by himself or another, to give any prize, award, merchandise, gift, favor, or service, or anything of value other than free games, to any player, or to any operator of any amusement device, or to any contestant, for a high score made thereon.
(C) It shall be unlawful for any person to operate any amusement device containing any automatic or semi-automatic payoff device for the return or discharge of coins, tokens, slugs, merchandise, or check to operators thereof.
(‘83 Code, § 116.66) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
Any member of the Police or Fire Department or Building Department shall have the right to enter the place or business of any licensee or permittee under this subchapter at any reasonable hour of the day or night for the purpose of making an inspection and survey of the premises and the equipment therein or either of them, and to enforce the provisions of this subchapter. It shall be unlawful for any person to resist or attempt to prevent any of the above-named officers or employees of the city from carrying out of purposes set forth; provided, however, that every officer and employee shall have in his possession and carry upon his person at all times while performing the duties above outlined, sufficient credentials identifying himself as an officer or city employee, which credentials shall be exhibited by the bearer on demand to any person in charge of any premises which the officer or employee is about to enter.
(‘83 Code, § 116.67) (Ord. 87-006, passed 8-17-87; Am. Ord. 88-016, passed 4-4-88) Penalty, see § 10.99
CARNIVALS, OUTDOOR FESTIVALS AND AMUSEMENT RIDES
No person, association, firm, corporation, or organization shall establish, maintain, or operate in the city, any carnival, outdoor festival, amusement rides, or games, as they are commonly defined, unless a license has been obtained therefor from the Parks and Recreation Department upon approval of the City Council and in accordance with Chapter 110 and payment of a license fee charged in accordance with the Comprehensive Fee Schedule in Chapter 12 of this Code.
(‘83 Code, § 116.80) (Ord. 79-019, passed 9-4-79; Am. Ord. 21-002, passed 2-8-21)
Penalty, see § 10.99
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