SEC. 1034. SECTIONS NOT APPLICABLE.

   The issuance of a permit and license under the provisions of Sections 1031 to 1034, inclusive, shall exempt the permit holder from permit and license requirements of Sections 1015, 1017, 1021, 1039, 1039.2, 1045, and 1045.2 of this Article, in so far as they apply to amusement parks, as herein defined, or the games or devices therein operated and conducted, but shall not exempt the permittee or licensee from any other provisions of this Article of the San Francisco Municipal Code or any ordinances of the City and County of San Francisco requiring a permit or license or otherwise regulating the use or maintenance of such amusement parks or the games and devices therein operated and conducted.

(Amended by Ord. 555-81, App. 11/12/81)

[MECHANICAL AMUSEMENT DEVICES; ARCADES]

SEC. 1036. DEFINITIONS.

   As used in Sections 1036 through 1036.24, inclusive, the following words shall have the following respective meanings:

   "Ancillary Use" shall mean the operation of 1 to 10 mechanical amusement devices on premises wherein another business operates.

   "Arcade" shall mean any premises where 11 or more mechanical amusement devices are operated.

   "Bar" shall mean a retail use which provides on-site alcoholic beverage sales for drinking on the premises where no person under 21 years of age is admitted and which has a California Department of Alcoholic Beverage Control license type 42, 48, or 61.

   "City" shall mean the City and County of San Francisco.

   "Director" shall mean the Executive Director of the Entertainment Commission or individual(s) designated by the Director to act on his or her behalf.

   "Mechanical amusement device" shall mean any machine or device, with or without a video screen or display, which, upon the insertion of a coin, slug, token, or printed currency in any slot or receptacle attached to said machine or connected therewith, or via any other means of payment, operates or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise. A mechanical amusement device shall not include any game or device that is unlawful under the Municipal Code or under Chapter 10 of Title 9 of the California Penal Code.

   "Owner or operator of a mechanical amusement device" shall mean:

   (a)   Any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any commercial place under his control or who installs or maintains the same in any commercial place where the same can be played or operated by persons in or about said place;

   (b)   The persons in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place.

   "Permittee." The Person to whom a permit has been issued under Sections 1036 through 1036.24, inclusive.

   "Person" shall mean any individual, corporation, association, syndicate, joint stock company, partnership, club, society, or any other entity.

   "Public retail floor space" shall mean that portion of the premises to which the public is allowed access.

   "Street" shall mean any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress.

(Amended by Ord. 401-82, App. 8/13/82; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

SEC. 1036.1. REQUIREMENTS FOR MACHINES.

   (a)   Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the name, address and telephone number of the owner of the mechanical amusement device, and, in addition thereto, if wired for electricity, the voltage and current necessary for the proper operation of said mechanical amusement device.

   (b)   Where it is necessary to install electric wiring to said mechanical amusement device location, said wiring shall be installed by a registered electrical contractor in accordance with the provisions of the San Francisco Electrical Code.

(Amended by Ord. 123-86, App. 4/11/86; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

SEC. 1036.2. PERMIT REQUIREMENTS AND EXCEPTIONS.

   (a)   Nothing in Sections 1036 to 1036.24, inclusive, shall be construed to authorize or permit either the use or operation of any gambling device whatsoever, including games of chance prohibited under Article 3, or of any mechanism that has been judicially determined to be a gambling device in any way contrary to law, or to authorize or permit any other conduct otherwise unlawful. Nothing in this Section 1036.2 shall preclude an award of a free game or games upon a mechanical amusement device.

   (b)   Permit Required.

      (1)   It shall be unlawful for any person to install, operate or maintain to be operated in the City:

         (A)   an Arcade without first having obtained a permit in writing to do so from the Entertainment Commission ("Arcade Permit"); or

         (B)   two to ten mechanical amusement devices as an Ancillary Use in a Bar without first having obtained a permit in writing to do so from the Director or his or her designee ("Ancillary Bar Use Permit").

         Accordingly, an Ancillary Use consisting of either one mechanical amusement device in a Bar or up to ten mechanical amusement devices operated on a premises that is not a Bar does not require a permit.

      (2)   It shall be unlawful tor any person to install, operate or maintain to be operated an Arcade or Ancillary Use for which a permit has been granted (A) after the permit has been revoked or is otherwise invalid or (B) for any period of time during which the permit has been suspended.

      (3)   Any premises where a mechanical amusement device permit is sought must conform to all City ordinances, including but not limited to health, safety, zoning, fire and building ordinances.

   (c)   The provisions of Sections 1036 to 1036.24, inclusive, shall not be construed to apply to mechanical amusement devices installed, operated or maintained in private residences or businesses intended for free use solely by the residents or employees at those locations.

   (d)   The provisions of Sections 1036 to 1036.24, inclusive, shall not apply to (1) any machine or mechanical amusement device which, in return for the coin deposited in said mechanical amusement device, will deliver the equivalent value of said coin in merchandise; provided, that no prize, reward, bonus or other thing of value is delivered with said merchandise, or (2) coin-operated billiard, pool or combination tables, which are subject to the licensing provisions of this Code in accordance with Sections 1037 to 1037.3, inclusive, and Sections 510 and 510.1.

   (e)   The provisions of Sections 1036 to 1036.24, inclusive, shall not apply to the Recreation and Park Commission, which shall have exclusive jurisdiction to determine whether and under what conditions mechanical amusement devices may be placed on property under its jurisdiction.

(Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)