Loading...
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires 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 riiachine, 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 testof skill- or other amusement of any kind. "Amusement device" does not include vending machines r the State-sanctioned lottery.
(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 or leasehold 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."
(1) 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 the 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:
A. 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.
B. The outcome of the 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%).
C. The outcome of play during a game is not controlled by a person or device not actively participating in the game.
D. The machine only charges one price to play a task, game, play, contest, competition, or tournament.
(2) All of the following apply to any machine that is operated as described in subsection (j)(1) A. of this definition:
A. As used in this definition, "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.
B. 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.
C. 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.
D. No machine shall have a guessing game at the end of a successfully completed task, game, play, contest, competition, or tournament. (Ord. 93-2011. Passed 9-6-11.)
(a) No individual, corporation or other entity shall be an operator of an amusement arcade at any place of business unless such operator holds a valid amusement arcade license for the place of business where such amusement arcade is operated.
(b) No individual, corporation or other entity shall permit or cause to be permitted any amusement machine, game machine, or amusement device to be operated, placed into operation, moved onto the area of play, or played, without a current and valid license for that machine.
(c) No individual, corporation, or other entity shall play any amusement device unless it is validly licensed by the City.
(Ord. 93-2011. Passed 9-6-11.)
The original and renewal application for an amusement arcade license and the license for each skill-based amusement machine, game machine, or amusement device shall be upon a form prescribed by the Mayor and shall set forth therein information such as the name and address of the operator and/or owner; the address of the place of business which is to be the licensed amusement arcade, the year for which the license is sought, the number of skill-based game machines or amusement devices located at such place of business, the name and address of the operator and/or owner of each machine, a detailed explanation of the machine operation, applicable software license authorization, player skills, and training required qualifying each machine as a game of skill, and such other information as the Mayor requires. The application shall be signed by the operator and/or owner in whose name the City licenses are to be issued, must be updated if there are any changes regarding the operator and/or owner, and is nontransferable.
(Ord. 93-2011. Passed 9-6-11.)
The application for a license under this chapter shall be submitted on forms provided by the Mayor and be accompanied by an affidavit attesting that the operator and/or owner and all employees and agents of the operation have not been convicted of a crime of moral turpitude and to the truth of the matters set forth in such application. No person shall swear falsely in any affidavit required to be filed under this section.
(Ord. 93-2011. Passed 9-6-11.)
The Mayor is hereby authorized to issue amusement arcade licenses and amusement and/or game machine licenses, in such form as is determined to be appropriate, for a period of up to one year, upon satisfaction of all of the following conditions:
(a) A fee of one thousand dollars ($1,000.00) per arcade location per year has been paid.
(b) A fee of one hundred dollars ($100.00) per machine per month has been paid.
(c) The operator or any employee of the operator has not been convicted of a crime of moral turpitude within the past five years.
(Ord. 93-2011. Passed 9-6-11.)
(a) No person under the age of 21 years shall be permitted on the premises.
(b) No arcade shall operate during the hours of 1:00 a.m. to 7:00 a.m. and on Sunday during daylight hours.
(c) No weapons, firearms, or dangerous ordnance is permitted on the premises.
(Ord. 93-2011. Passed 9-6-11.)
It shall be cause for revocation of any license under this chapter or for non-renewal of such license if the owner and/or operator:
(a) Provides any false or misleading information in the material submitted during the application process;
(b) Permits any violation of an ordinance or regulation of the City or statute of the State;
(c) Knowingly allows gambling on the premises;
(d) Fails to comply with any provision of this chapter;
(e) Is convicted of a crime involving moral turpitude.
(Ord. 93-2011. Passed 9-6-11.)