Code Section: 790.4

Subject: Amusement game arcade (mechanical amusement devices).

Effective Date: 3/2002

Interpretation:

   Section 790.4 of the Planning Code defines an Amusement Game Arcade (Mechanical Amusement Devices) as a retail use, which provides eleven or more amusement game devices such as video games, pinball machines, or other such similar mechanical and electronic amusement devices. This definition was created when the majority of game arcades used large bulky game machines. With advances in technology, the personal computer replaced most of these old arcade machines and allows users a variety of functions, including game playing. With relative ease computers have been connected or networked in retail or commercial spaces for the sole purpose of game playing. This Interpretation adds personal computers to Section 790.4 as an electronic amusement device when the majority purpose of the computers are for game playing. Additionally, money does not need to be deposited directly into the amusement devices for the use to be considered as an Amusement Game Arcade.

   Furthermore, Section 790.4 discusses the threshold of eleven or more amusement game devices. This threshold is a combination of all amusement game devices, including personal computers and commercially produced game consoles, among other devices.

   In terms of the zoning districts where this use is allowed, Section 790.4 is not listed as one of the permitted or conditional uses in the Neighborhood Commercial District chart, nor is it listed as a permitted or conditional use in Section 703.2. Therefore, when there are eleven or more amusement game devices the use will be defined by Amusement Game Arcade and is NOT permitted in the Neighborhood Commercial Districts. If the use has ten or less amusement game devices, the entertainment use is categorized by Section 790.38 Other Entertainment and in most Neighborhood Commercial Districts will require a Conditional Use.