(a) In addition to any other condition or regulation contained in this chapter or in state statutes, the following conditions and regulations shall be applicable to and shall govern and control all licenses of entertainment devices and arcades:
(1) Each such licensee shall at all times when the premises are open to the public hold open each and every portion of the premises open to the public for inspection by the Police Department and other City departments for the purposes of enforcing any provisions of this chapter.
(2) Each such licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted within the last five years of any felony or of any misdemeanor offense for violation of building or health codes, tax codes, involving the operation of a similarly licensed business activity, or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(3) No such licensee shall open the premises for business except between the following hours (local time) on the following days:
A. Monday through Thursday, 9:00 a.m. to 11:00 p.m.; and
B. Friday and Saturday, 9:00 a.m. to 12:00 a.m. midnight.
C. Sunday, 2:00 pm to 11:00 pm
(4) No such licensee shall allow living quarters to exist with direct entry to the premises.
(5) No such licensee shall operate the entertainment devices or arcade business other than on street level or on a level within three feet thereof.
(6) No such licensee shall allow any person, other than an owner or operator over the age of twenty-one years, who shall be readily identifiable, to be in control of the premises, nor allow such operator to be regularly situated in a place upon the premises other than a place from which he has an unobstructed view of the entire portion of the premises devoted to the operation of entertainment devices.
(7) No person under the age of twenty-one years shall be permitted within premises of entertainment devices or arcade.
(8) Any and all sweepstakes rules and odds of winning shall be posted in a conspicuous place at the premises and displayed on the entertainment device at the start of each game and/or activity.
(9) Each such licensee shall operate the entertainment device arcade business in compliance with any and all pertinent Federal Trade Commission rules and regulations.
(10) Each licensee shall require a photo identification of every person to whom anything of value is given in connection with Entertainment Device Arcade or Entertainment Device and shall record the person's name and home address and a description of the thing given, a stated dollar amount of the thing given, the date and time of the giving and, if an entertainment device is involved in the circumstances of the giving, the serial number or other identifying description of the device. If the dollar value of the thing given to a person is more than five hundred ninety nine dollars ($599.00), the operator shall include in the record a copy of the photo identification and the person's social security number per Internal Revenue Code §6041.
(b) All entertainment devices upon the premises of an entertainment device arcade shall be located thereon in conformity with the floor plan filed with the application for the license and in such a manner:
(1) So as not to impair ingress or egress to the premises;
(2) So as not to interfere with free and unfettered passage through the premises;
(3) So that at least fifty (50) gross square feet of floor area is specifically designated for each amusement device, excluding areas used for other principal uses;
(4) So that the maximum number of terminals, computers, machines, and/or gaming stations within an entertainment device arcade is 100.
(5) So that there is at least one (1) parking space for every two devices or terminals, plus one (1) additional space for every full time employee;
(6) Entertainment device arcades shall be located in commercial zoning districts only. No entertainment device arcade shall be located closer than 2,500 feet from another entertainment device arcade and there shall be no more than five entertainment device arcades permitted within the city.
(7) So as to permit a clear and complete view of the interior of the premises immediately upon entry; and
(8) So that the back of any entertainment device is not exposed to a window.
(Ord. 1-12. Passed 3-19-12.)