As used in this chapter, except where the context clearly indicates a different meaning:
(a) "Amusement device" means any skill-based machine or game machine 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, card, or any other form of payment or activation, operates or may be operated as a game, contest, or test of skill, or other amusement of any kind.
(b) "Class I skill-based amusement arcade" means a place of business where three or more skill-based amusement devices are located, as the primary use, for the entertainment of persons patronizing the place of business.
(c) "Class II skill-based amusement arcade" means a place of business that holds a D3 or D3A liquor permit and has less than three devices as an ancillary use on premises.
(d) "Game machine" means any skill-based amusement device.
(e) "Good moral character" means not having been convicted of a crime involving moral turpitude within five years preceding the date of the application.
(f) "Malfunction" means failure to operate in accordance with design.
(g) "Moral turpitude" means a conviction for a theft offense, fraud, falsification, drug offense, sex offense, an offense involving gambling, or a felony.
(h) "Operator" means any individual, corporation, or other entity conducting the business of an amusement arcade.
(i) "Owner" means any individual, corporation, or other entities owning title to any amusement device or the real property at which an amusement arcade is operated.
(j) "Playing area" means that portion of the premises where the primary use is for customer play on amusement devices.
(k) "Skill-based amusement machine" means a skill-based amusement device or game machine 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, token, slug, card or other payment of consideration or value provided all of the following apply:
(1) The amusement device 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 the individual's play and participation is not determined largely or wholly by chance. For purposes of this chapter, "largely and wholly" means at least 51%.
(3) A person not actively participating in the game does not control the outcome of play during a game.
(4) The amusement device only charges one price to play a task, game, play, contest, competition, or tournament.
(5) All of the following apply to any amusement device that is operated as described in this division (k):
A. As used in this division (k), "task", "game", and "play" mean one event from the initial activation of the amusement device until the results of play are determined without payment of additional consideration. An individual utilizing an amusement device 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 purchasing a play, 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, 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 skill-based device 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 skill-based device shall have a guessing game at the end of a successfully completed task, game, play, contest, competition, or tournament.
(Ord. 68-2007. Passed 11-12-07.)