719.02 CONSTRUCTION; SEVERABILITY; APPLICABILITY.

   (a)    Construction. This chapter shall be liberally construed and applied to promote its purpose and objectives.

   (b)    Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

   (c)    Applicability. 

      (1)    The provisions of this chapter shall not apply to any amusement devices possessed and maintained in residences and used exclusively without charge by residents thereof and their invited guests.

      (2)    The provisions of this chapter shall not apply to any business or premises which are used solely for sale or lease of amusement devices and similar apparatus.
(Ord. 98-82. Passed 12-20-1982.)

      (3)    The provisions of this chapter other than Section 719.141 and paragraphs (q), (r) and (s) of Section 719.12 shall not apply to any business or premises licensed by the Ohio Department of Liquor Control of the State of Ohio for on premises consumption of alcoholic beverages so long as no greater than twenty-five percent (25%) of the annual gross revenue is generated from the operation of amusement devices.
(Ord. 112-83. Passed 11-7-1983.)

   719.03 DEFINITIONS.

   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

   (a)    "Amusement device" means any machine, game or apparatus which, upon the insertion of a coin, token or similar object, or upon payment of anything of value, may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which in no way tends to encourage gambling.

      It shall specifically include, but not be limited to such devices as electronic or mechanical game machines, video game machines, pinball machines, skill-ball machines, bowling machines, or any other mechanical or electronic games or apparatus similar thereto under whatever name they may be known.

      It shall not include vending machines, telephones, weight scales, medical devices, riding devices, music devices, pool or billiard tables, or similar apparatuses which provide a product, information or service and which are not designed or operated by the public generally for use as a game, entertainment or amusement.

   (b)   "Amusement device business" means an arcade amusement center or an accessory amusement area.

   (c)    "Arcade amusement center" means any individual premises upon which four or more amusement devices are located for the use of entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever.

   (d)    "Accessory amusement area" means an area of any individual premises wherein three or less amusement devices are located for the use of entertainment of the public, in which the operation of such amusement devices constitutes an accessory use to another business and is incidental and subordinate to the main use of the premises.

   (e)    "Building Commissioner" means the Building Commissioner of the City.

   (f)    "Board" means the Board of Zoning Appeals of the City.

   (g)   "Operator" means the person or persons having authority to control the premises of an arcade amusement center or an accessory amusement area.

   (h)    "Distributor" means any person who supplies an amusement device for himself or to another for use in an arcade amusement center or an accessory amusement area.

   (i)    "Licensee" means the person or persons who sign an application for license hereunder and to whom such license is issued.

   (j)    "Owner" means any person who possesses a pecuniary interest either directly or indirectly of twenty-five percent (25%) or more in an amusement device business.

   (k)    "Person" means any natural person, firm, partnership, association, corporation or any other form of business organization.

   (l)    "Premises" means the building or portion thereof used for conducting the operation of an amusement device business.

   (m)    "School" means any educational institution, public, private, secular or parochial, which offers instruction of high school grade or lower.

      (Ord. 98-82. Passed 12-20- 19 82.)