Certain machines, including pinball machines and video games, coin operated or otherwise, solely for the purpose of amusement of the persons operating the same, shall hereinafter be licensed and limited in public places, private clubs or other organizations in the following manner:
(a) Applications for mechanical amusement device licenses shall be filed with the Chief of Police.
(b) Each distributor shall pay an annual license fee of $50 per establishment and an annual fee of $50 per device for each device operated by the owner or person in control of the premises. The license fee for any device covered by this section placed on the premises after July 31 of any year shall be 50 percent of the annual fee. All licenses shall expire on December 31 of each year.
(c) It shall be the duty of the Chief of Police to issue licenses for mechanical amusement devices only after the Chief is satisfied as to compliance with the requirements of this chapter.
(d) Any change in location of the premises where the devices are located must be approved by the Chief of Police.
(e) All premises on which machines are licensed shall be open to inspection by the police at all times.
(f) If a distributor or operator fails to comply with any requirement of this section, the license may be revoked at any time by the Chief of Police. In such a case, the exhibitor may not operate within the municipality for a period of one year. The remedy shall be in addition to the penalty provided in § 836.99.
(g) If any device is used in any manner to gamble or otherwise operate a game of chance, or otherwise contrary to any other provision of the laws of the state or the ordinances of the municipality, then the Chief of Police may, at his or her discretion, seize and destroy the device after notice is given of the violation to the operator or distributor. The remedy shall be in addition to the penalty provided in § 836.99.
(h) No operator or distributor shall operate any device within 300 feet from the building or grounds of any elementary or high school, the 300 feet to be measured along the curb line center to center.
(i) No more than ten mechanical amusement devices may be located at any single location or establishment.
(j) The owner/applicant of mechanical amusement devices shall demonstrate prior to licensing that the establishment in which the devices are to be located complies with Ohio Basic Building Code requirements including required square footage, open space around the devices and must maintain compliance with these requirements throughout the licensing period.
(Ord. 1574, passed 8-20-1973; Am. Ord. 91-24, passed 6-17-1991; Am. Ord. 2002-36, passed 8-19-2002) Penalty, see § 836.99