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(A) The City Council hereby determines that the business of operating game devices and arcades has such an effect upon the health, safety and welfare of the inhabitants of the city as to require the licensing and regulation thereof.
(B) No person shall establish or operate an arcade in the city unless the license required by this section has been issued and is conspicuously displayed at all times on the premises and unless a valid registration seal required by this section is conspicuously attached to each game device.
(C) Application for an arcade license shall be made to the City Clerk upon forms provided by the Clerk which shall include the following information:
(1) The name, address and telephone number of the applicant. If the applicant is a corporation, partnership or other organization, then the names, addresses and telephone numbers of the officers and the owners of more than 10% interest therein shall be given; and
(2) Whether any person named, or required to be named, on the application has ever been convicted of a crime and, if so, the nature of the offense.
(D) Upon receipt of the completed application and the license fee, the Clerk shall cause an inspection of the premises to be made by the City Building Official to ensure that it conforms to all applicable city codes and the standards herein set forth.
(E) No license shall be issued to any applicant when a person named, or required to be named, on the application is under the age of 18 years of age or has been convicted of an offense involving gambling, controlled substances, criminal sexual conduct involving a minor, accosting or soliciting or contributing to the delinquency of a minor.
(F) Upon receipt of a satisfactory report from the Building Official and upon the determination that the applicant is eligible for a license, the Clerk shall issue the license which shall expire on the following December 31, regardless of the date the license was issued.
(G) Licenses shall be renewed on December 31 of each year upon payment of the annual license fee.
(H) Each applicant for a license shall file with the City Clerk a public liability and property damage insurance policy in the amount of $100,000 for injury to, or death of, any one person and in the amount of $300,000 for injury to, or death of, more than one person and in the amount of $50,000 for damages to property. Such insurance shall be written by an insurance carrier duly licensed to conduct business in the state and shall be kept and maintained in continuous force and effect as long as the applicant shall be licensed under this section. Such policy shall contain an endorsement that any cancellation shall not take effect until ten days notice in writing has been given to the City Clerk.
(1979 Code, § 7.24) (Ord. 81, passed 5-4-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCADE. Any place open to the public in which five or more game devices are located for public use.
GAME DEVICES. Any machine or device including, but not limited to, pinball machines, video and electronic games operated by means of the insertion of a token, coin or similar object or for a consideration paid to the owner or custodian thereof for the purpose of a game or contest of skill or amusement.
(1979 Code, § 7.24) (Ord. 81, passed 5-4-1982)
All arcades located in the city shall conform to the following standards.
(A) Arcades shall not be located within 500 feet in any direction from the boundaries of any public, private or parochial school building and school grounds.
(B) Arcades shall have fire exits as required by applicable city and/or state codes.
(C) Arcades shall conform in all respects to the requirements of the applicable city building, plumbing, electrical and zoning codes.
(1979 Code, § 7.24) (Ord. 81, passed 5-4-1982) Penalty, see § 10.99
No licensee or person in charge of an arcade or connected with the management thereof or his, her or their servants or agents shall:
(A) Permit the operation of any game device by any person under the age of 16 years between the hours of 9:00 a.m. and 4:00 p.m., excluding Saturdays, Sundays, holidays and days when school is not in session;
(B) Allow persons under the age of 12 years to operate any game device at any time unless accompanied by a parent or guardian;
(C) Allow persons under the age of 14 years to operate any game device or to be on the premises between the hours of 10:00 p.m. and 9:00 a.m.;
(D) Operate the arcade between the hours of 11:00 p.m. and 9:00 a.m., except that this requirement shall not apply to any establishment licensed under the control of the State Liquor Control Commission;
(E) Permit gambling in any form on the premises;
(F) Permit any persons under the influence of intoxicating liquor or controlled substances to be on the premises;
(G) Permit any intoxicating liquor or any controlled substance to be brought into, sold, given away or consumed on the premises, except that, as to intoxicating liquor, this section shall not apply to any establishment under the control of the State Liquor Control Commission;
(H) Permit disorderly or offensive conduct thereon as defined under the ordinances of the city;
(I) Permit any conduct or condition to exist contributing to juvenile delinquency;
(J) Permit loitering on the sidewalk in front of the arcade so as to obstruct the free and uninterrupted passage of the public; and/or
(K) Operate the arcade unless the owner, operator or an employee or agent of the owner is present on the premises.
(1979 Code, § 7.24) (Ord. 81, passed 5-4-1982) Penalty, see § 10.99
No game device shall be operated in the city in any location open to the public unless the owner, licensee or custodian thereof shall have registered the same with the City Clerk and obtained the registration seal required by this section. The Clerk shall maintain a record of registered game devices which shall include the name and address of the owner or lessee, the manufacturer of the device and its serial number. Registration seals shall expire on December 31 of each year.
(1979 Code, § 7.24) (Ord. 81, passed 5-4-1982) Penalty, see § 10.99