CHAPTER 111: GAMES OF SKILL AND ADULT AMUSEMENT ARCADES
Section
   111.01   Purpose and findings
   111.02   Definitions
   111.03   Operation; license required
   111.04   Application information
   111.05   Corporations, trusts, and partnerships
   111.06   Affidavit required
   111.07   License issuance; effective period; fee
   111.08   License administration
   111.09   Submission of source code for approval
   111.10   License validity and display
   111.11   Operation of arcade
   111.12   License revocation
   111.13   Revocation process
   111.14   Transfer of license
   111.15   Appeal
   111.16   Inspection
   111.17   Nuisance
   111.18   Effect of partial invalidity
   111.19   Fees collected
 
   111.99   Penalty
§ 111.01 PURPOSE AND FINDINGS.
   (A)   Purpose. The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative effects of amusement arcades within the city in order to promote the health, safety and welfare of the citizens of the city. It is not the purpose or intent of this chapter to restrict or deny access to recreational and skilled-based amusement machines.
   (B)   Findings. The state currently allows certain games of skill while games of chance are deemed illegal. Certain arcades identified as operating games of skill, have generated various complaints by citizens involving thefts, questionable pay practices, considerable sums of cash being transacted, food management concerns, fire code and access, and other issues of compliance with local and state laws.
   (C)   It is the specific finding that games of skill operated electronically may easily be altered to illegal games of chance. Further, the city has a duty to its citizens to require businesses open to the public to maintain safe ingress and egress, to maintain adequate security where a considerable volume of cash is transacted and to otherwise operate within the bounds of the law.
(Prior Code, § 830.01) (Ord. 2007-18, passed 7-10-2007)
§ 111.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AMUSEMENT ARCADE. Any place of business where one or more amusement devices are located for the use or entertainment of persons patronizing the place of business.
   AMUSEMENT DEVICE. Any machine, device or instrument 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, or test of skill, or other amusement of any kind. AMUSEMENT DEVICE does not include vending machines.
   GAME MACHINE. Any amusement device.
   GOOD MORAL CHARACTER. Not having been convicted of a crime involving moral turpitude within five years next preceding the date of the application.
   MALFUNCTION. Failure to operate in accordance with design.
   MORAL TURPITUDE. A conviction for a theft offense, fraud, falsification, drug offense, sex offense, an offense involving gambling or a felony.
   OPERATOR. Any individual, corporation or other entity conducting the business of an amusement arcade.
   OWNER. Any individual, corporation or other entity owning title to any amusement device or the real property at which an amusement arcade is operated.
   PLAYING AREA. The portion of the premises where the primary use is for customer play on amusement devices.
   SKILL-BASED AMUSEMENT MACHINE. A skill-based amusement device, such as a mechanical, electronic, video, or digital device, or machine, whether or not the SKILL-BASED AMUSEMENT MACHINE requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the machine’s offering or to activate the machine; provided that all of the following apply:
      (1)   The machine 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 51%;
      (3)   The outcome of play during a game is not controlled by a person not actively participating in the game;
      (4)   The machine only charges one price to play a task, game, play, contest, competition or tournament; and
      (5)   All of the following apply to any machine that is operated as described in this section.
         (a)   As used in this section, TASK, GAME and PLAY mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine 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.
         (b)   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.
         (c)   To the extent that the machine 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.
         (d)   No machine shall have a guessing game at the end of a successfully completed task, game, play, contest, competition or tournament.
(Prior Code, § 830.02) (Ord. 2007-18, passed 7-10-2007)
§ 111.03 OPERATION; LICENSE REQUIRED.
   (A)   No individual, corporation or other entity shall be an operator of an amusement arcade at any place of business, unless such operator holds a valid amusement arcade license for the place of business where such amusement arcade is operated.
   (B)   No individual, corporation or other entity shall permit or cause to be permitted any amusement machine, game machine or amusement device to be operated, placed into operation, moved onto the area of play or played, without a current and valid license for that machine displayed on that machine.
   (C)   No individual, corporation or other entity shall play any amusement device unless it is validly licensed by the city.
(Prior Code, § 830.03) (Ord. 2007-18, passed 7-10-2007)
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