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§§ 6-228 TO 6-299 RESERVED.
Section
Division 1. General Provisions
6-301 Definitions
6-302 Operation of amusement devices and places of amusement
6-303 Employees and agents of licensee
6-304 Exceptions
6-305 to 6-350 Reserved
Division 2. Enforcement
6-351 Inspection
6-352 Criminal penalties
6-353 Civil penalties
6-354 Equitable relief
6-355 Multiple remedies
6-356 Responsibility for enforcement
6-357 to 6-399 Reserved
Statutory reference:
Authority to regulate places of amusement, G.S. § 160A-181; authority to license and regulate forms of amusement and entertainment, G.S. § 160A-194.
DIVISION 1. GENERAL PROVISIONS
For the purpose of this division, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
AMUSEMENT DEVICE. Any pool, billiard, bagatelle, pigeonhole, or similar table; bowling alley; pinball machine; or mechanical, or electronic, amusement device which is, or may be, operated for, or upon, the payment of money, trade token, or slug, either directly, or indirectly, and which operates, or may be operated, by retail patrons as a game, or contest of skill or amusement of any kind, or description, and which contains no automatic payoff device for the return of money, trade token, or slug, or for which no provision whatever is made for the return of money to the player.
MECHANICAL or ELECTRONIC AMUSEMENT DEVICE. Any machine which, upon insertion of a coin, trade token, or slug, or upon other activation for payment, or promise of payment, in money, operates, or may be operated, by retail patrons as a game, or contest of skill or amusement of any kind, or description, and which contains no automatic payoff device for the return of money, trade token, or slug, or which makes no provision whatsoever for the return of money to the player. A MECHANICAL or ELECTRONIC AMUSEMENT DEVICE is hereby further defined as any machine, apparatus, or contrivance which is used, or which may be used, as a game of skill and amusement, wherein or whereby the player initiates, employs, or directs any force, action, or image generated by, on, or in the machine.
OPERATION. The keeping, or maintaining, for use or play by retail patrons of an amusement device, or the maintenance or management of a place of amusement.
PLACE OF AMUSEMENT. Any premises where one, or more, amusement devices are kept, or maintained, for retail patrons.
(Code 1976, § 10.41) (Ord. 4-82, passed 9-6-1982; Ord. 23-99, passed 8-16-1999)
(A) No play, or use, of an amusement device shall be allowed between the hours of 1:00 a.m. and 7:00 a.m. each day.
(B) No amusement device shall be operated unless the place of amusement where the device is to be located is equipped with one well-lighted and well-ventilated toilet facility, plainly lettered and marked, which the facility shall be maintained in a sanitary condition. Notwithstanding the preceding sentence, all places of amusement shall provide restroom and other sanitary facilities as required by the State Building Code.
(C) No amusement device shall be operated at any place at which there is suffered, or permitted, on the premises any:
(1) Gambling;
(2) Sale or use of any racing, football, or other sport or parlay cards;
(3) Gambling boards or sheets; or
(4) Attachment to, or placement on, any pool or billiard table of any keely board, keno board, or any similar board or device.
(D) No owner, operator, or employee of a place of amusement shall:
(1) Suffer, or permit, the place of amusement to become disorderly, or permit any profane, obscene, or indecent language therein; or
(2) Employ in carrying on the business any person who, within the five years next preceding the effective date of the license, has been convicted of any crime of moral turpitude, or of unlawfully possessing, selling, or using any alcoholic beverage or controlled substance.
(E) Any place of amusement shall be operated only on the ground floor of a building, and any amusement device shall be located within the place of amusement such that a clear view of the amusement device may be had from the main entrance at all times. No partitions, screens, or other obstructions forming rooms, or enclosures, where persons other than those actually playing, or using, the amusement device can congregate shall be permitted; provided, this shall not be construed so as to prohibit the maintenance of closets, or storage rooms, to which public access is prohibited, or of restrooms.
(F) No amusement device shall be operated except in a place of amusement which is in compliance with the provisions of the land use and zoning ordinances of the town, and which otherwise complies with all applicable local, county, state, and federal laws and regulations.
(G) Any place of amusement shall, whenever open, be supervised, and operated, by a person over 18 years of age.
(Code 1976, § 10.43) (Ord. 4-82, passed 9-6-1982; Ord. 22-2004, passed 8-16-2004)
(A) Nothing in this article shall apply to the state lottery, or the sale of products as part of said lottery.
(B) This article shall not prohibit amusement devices that are specifically authorized by statute or by order of a court of law, including, but not limited to, cyber sweepstakes machines and electronic gaming machines. Such machines, however, shall be considered amusement devices, and shall be subject to the requirements of this article to the extent permitted by law.
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