(A) Definitions. For the purposes of this chapter, the following terms are defined as set forth in this division:
ANY GAME SIMILAR TO A MARBLE GAME. Shall include “balley-alley” and any other miniature mechanical bowling game device, by whatever name called, any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any moving object is propelled, rolled, shot or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, mechanical hand or by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical device or which is mechanically manipulated, controlled or guided and which game is so contrived that, at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the paying off or awarding of a prize or reward upon the operation or play of the game.
CLAY, HOOK, OR GRAB MACHINE. Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displaced, recovered or removed by the operation of any contrivance simulating in miniature a power shovel, clamshell, dragline or similar excavating tool or machine.
GAME OF SKILL AND SCIENCE. Any game participated in by one or more players where or when any charge is made by the person conducting, operating or maintaining the game or any consideration is paid by any player for the right to play or participate in any such game, and the dominating factor in determining the results of the game is dependant upon the skill of the player or players and not upon chance. GAME OF SKILL AND SCIENCE does not include any athletic games not played upon a table, cabinet or mechanical device, billiards and pool games played upon billiard and pool tables of standard size and dimensions, the games of chess and checkers, all legal playing card games of skill and science, and athletic sporting events.
HORSE RACING MACHINE. Any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in a manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of the finish thereof.
MARBLE GAME. Any table, cabinet or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot or rolled so as to drop or come to rest in holes, slots, cups, or traps, resulting in a score or tally depending upon the course followed or point reached by the marble or ball or upon the contact points touched by it along its course, or upon any combination of such factors.
PIN GAME. Any table, cabinet or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregularities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player.
PRIMARY USE. A use that is the predominant use of the building, where 50% or more of the gross square footage of building is devoted to such use.
RECREATIONAL CENTER (ARCADE). Any place open to the public where three or more coin-operated games of skill and science, as described in this division (A), are kept or maintained and persons are permitted to use such games.
SECONDARY USE. A use that occupies less than 50% of the gross square footage of the building.
(B) Devices prohibited. It is unlawful for any person to keep, maintain or possess in any place of business or in any place of public resort any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted or made available by placing therein any coin, plug, disk, key or token, or which is let for use, operation or play.
(C) Exemptions. The provisions of this division (B) of this section shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance, device or any game of skill or science at or in any mercantile store in which mechanical contrivances, devices or games of skill and science are kept solely for sale and which mechanical contrivances or devices members of the public are not permitted or allowed to operate, manipulate or play except as incidental to a demonstration for the purpose of sale.
(D) The provisions of division (B) shall not apply to any coin-operated pool or billiard table located within any licensed poolroom or billiard room.
(`83 Code, § 9.40.010) (Ord. 83-2 § 1 (part), 1983)