(A) The use of all simulated gambling devices for commercial purposes is hereunder prohibited throughout the city.
(B) SIMULATED GAMBLING DEVICE. Any device that plays any game of chance which may deliver or entitle the person or persons playing or operating the device to a payoff. This shall not include any machines, devices or materials including any scratch cards associated with the state lottery. The following rules of construction apply to this definition of SIMULATED GAMBLING DEVICE:
(1) The term DEVICE means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device or equipment. The term DEVICE also includes any associated equipment necessary to conduct the operation of the device;
(2) The terms PLAY OR OPERATE or PLAY OR OPERATION include the application of the element of chance or displays the results of a raffle, sweepstakes or drawing;
(3) The term GAME includes slot machine, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, or a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, sweepstakes, or any other game associated with gambling or which could be associated with gambling; and
(4) The term PAYOFF means cash, monetary or other credit, tickets, tokens or other electronic credits which may be exchanged for cash, merchandise or anything of value whatsoever, whether made automatically from the machine or manually. A chance to win another free play on the same machine shall not be considered a thing of value for the purposes of this division, as when a pinball machine might award a free play, but any purchase or refund of credits for cash, merchandise or anything of value shall be regarded as a PAYOFF.
(C) If there is a determination that the above prohibition is invalid, then as a matter of zoning, use of simulated gambling devices shall be limited to areas zoned light industrial as shall be specified in Appendix B: Table of Land Uses of the zoning ordinance; there shall be allowed no more than four simulated gambling devices per parcel as determined by a tax map identification system; and the premises shall not allow for the storage, sale or consumption of alcoholic beverages on the premises.
(Ord. 17-015, passed 6-13-2017) Penalty, see § 110.999
Cross-reference:
Gambling; generally, see § 133.07