As used in this chapter:
(a) "Game Room" means a place of business, within a building or any part of a building, having more than three mechanical or electrically operated, amusement devices which are used for the purpose of public entertainment through the operation, use or play of any table game or device commonly known as electronic games, which are operated by placing therein a coin, plate, disc, plug, key or token of any value or by the payment of a fee.
(b) "Mechanically or electrically operated amusement device" means any coin operated machine, device or instrument which, upon the insertion of a coin, token or slug, or upon the payment of a fee, operates or may be operated for use as a game or amusement, of any description, which in no way intends to encourage gambling.
(c) "Owner" means any person having possession of any mechanical, or electrical amusement device or electronic game of skill or any person operating an amusement arcade, game room or electronic gaming parlor.
(d) "Electronic games of skill" means a skill-based electronic, video, or digital amusement device which requires payment for use through a coin or bill validator or other payment of consideration of value to participate in the machines 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 individuals play and participation is not determined largely or wholly by chance.
(3) The outcome of play during a games is not controlled by a person not actively participating in the game.
(e) "Electronic gaming parlor" means any business, establishment, or location operated for profit which employs the use of five (5) or more electronic games of skill in any one location. The definition of electronic gaming parlor shall not include any location or establishment operated by any charitable organization as defined at Ohio R.C. 2915.04(H), fraternal organization as defined at Ohio R.C. 2915.01(M), or service organization as defined at Ohio R.C. 2915.01(O) provided no such organization has on its premises for use at any given time ten (10) or more electronic games of skill and provided that all proceeds from such electronic games of skill are applied to the charitable purposes of the organization. (Ord. 37-2007. Passed 4-16-07.)