(A) Short title. This section shall be known and may be referred to as the “Electronic Amusement Games and Devices License and Regulation Ordinance of the City of Park Hills”.
(B) Definitions; tense; gender.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS PREMISES. Any place that is required to purchase and display an occupational license from the City of Park Hills.
ELECTRONIC AMUSEMENT GAMES AND DEVICES. All electronic games and any other similar amusement devices; whether coin-operated or operated by remote control.
PERSON. Association of persons, firms, companies, or corporations.
(2) Tense; gender. Wherever used and found herein, the singular shall include the plural, the masculine shall include the feminine.
(C) Annual license fee. There is hereby levied and established an annual license fee of $10 per electronic amusement game or device located on any business premises.
(D) Purpose for which license fee imposed. The license fees levied by this section shall be used together with other funds to defray the cost of inspection of said machine to ensure compliance with regulations, and the general expense of maintaining the city government. The fees collected pursuant hereto shall be placed in the General Fund for the aforesaid purposes.
(E) License certificate. Any person desiring to place an electronic amusement game or device on his or her business premises in the city shall make application to the City Clerk/Treasurer or City Police Chief, and upon payment of the appropriate fee, the City Clerk/Treasurer or Police Chief shall thereupon issue to such applicant a license certificate authorizing him or her to place such amusement device on his or her business premises; provided that the regulations hereinafter promulgated are strictly complied with. All license certificates issued hereunder shall be in a form approved by City Council.
(F) Regulations for placement of electronic amusement games and devices on business premises.
(1) All electronic amusement games or devices located on business premises within the city shall be placed at least 15 feet from the main entrance or exit of said premises to ensure safe, clear exits in case of emergency evacuation.
(2) All electronic amusement games or devices located on business premises within the city shall be placed so as to have at least four feet clearance on all sides; except where such game or device is located against a wall, in which case a four-foot clearance on three sides will be sufficient.
(3) There shall be a maximum of three such games or devices permitted upon each business premises, each of which shall be separately licensed.
(4) All electronic amusement games and devices located on business premises within the city shall be separately licensed, and the license certificate shall be attached or affixed thereon, which license shall not be removed nor transferred except upon application to the City Clerk/Treasurer or Chief of Police upon a form prescribed by the city.
(5) All businesses within the city that have electronic amusement games and devices located on their premises shall, upon request, permit inspection of such machine by police officers or firefighters to ensure compliance with all regulations.
(6) Pinball machines shall also be included in determining the maximum allowable number of games and devices permitted under this section.
(7) All electronic amusement games and devices located on business premises within the city shall be used for amusement purposes only. Any form of wagering or gambling by use of such games and devices is prohibited.
(G) Date fee payable and duration of license. All license fees shall be due and payable on the first day of June of each calendar year and that the fee established herein shall be for one full-year and extending through May 31 of the following year; except that for any license issued after June 1 of a particular year, the fee shall be computed on a pro-rata monthly basis based upon the number of months remaining in that year’s months.
(H) Quiet, peaceful, lawful operation. Any person having an electronic amusement game or device located on his or her premises shall have a duty to ensure that users of said game or device shall maintain peace and decorum at all times. It shall be unlawful for any licensee to permit any loud, boisterous, or obscene conversation, any noise or nuisance, any lewd, indecent, or immoral acts or gestures, any disorderly conduct, or any unlawful act by users or spectators of such games or devices.
(I) Penalty for delinquency. Any fee unpaid when due, and remaining unpaid for 30 days thereafter shall have added thereto a penalty of 10% and interest on the principal sum at the rate of 8% per annum from the due date until paid.
(2010 Code, § 113.07) Penalty, see § 111.99