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As used in this chapter, except where the context clearly indicates a different meaning:
(a) “Amusement arcade” means any place of business where three or more amusement devices are located for the use or entertainment of persons patronizing the place of business.
(b) “Amusement device” means 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, pinball machines, or other non-financial reward devices.
(c) “Game machine” means any amusement device.
(d) “Good moral character” means not having been convicted of a crime involving moral turpitude within five years next preceding the date of the application.
(e) “Malfunction” means failure to operate in accordance with design.
(f) “Moral turpitude” means a conviction for a theft offense, fraud, falsification, drug offense, sex offense, an offense involving gambling, or a felony.
(g) “Operator” means any individual, corporation, or other entity conducting the business of an amusement arcade.
(h) “Owner” means any individual, corporation, or other entity owning title to any amusement device or the real property at which an amusement arcade is operated.
(i) “Playing area” means that portion of the premises where the primary use is for customer play on amusement devices.
(j) “Skill-based amusement machine” means 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 fifty-one percent (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.
A. All of the following apply to any machine that is operated as described in (j) of this section:
1. 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.
2. 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.
3. 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.
4. No machine shall have a guessing game at the end of a successfully completed task, game, play, contest, competition, or tournament.
(Ord. 22-2007. Passed 4-12-07.)