(A) All amusement device licensees, including any servant, agent, or employee, shall comply with the following:
(1) No person or persons shall be allowed to loiter within or immediately outside of the licensed premises;
(2) No person or persons shall be allowed to violate any of the public offenses set forth in Ch. 35, Art. II of the city code of ordinances, as amended;
(3) No person or persons shall be allowed to engage in unlawful gaming or to use, possess, or keep gambling paraphernalia on the premises or to award any cash, money, or tokens, betting slips, or merchandise redeemable for cash or money as the result of the operation of an amusement device.
a. Subsection (3) does not prohibit a mechanical amusement device which may, through the application of an element of skill, reward the player with the right to replay the mechanical amusement device at no additional cost if the mechanical amusement device is not allowed to accumulate more than 15 replays at one time; the mechanical amusement device is designed so that accumulated free replays may only be discharged by reactivating the device for one additional play for each accumulated free replay; and the mechanical amusement device makes no permanent record, directly or indirectly, of the free replays awarded.
b. Subsection (3) does not prohibit a slot machine if the slot machine is 25 years old or older and is not used for gambling purposes. As used in this section, SLOT MACHINE means a mechanical device, an essential part of which is a drum or reel which bears an insignia and which when operated may deliver, as a result of the application of an element of chance, a token or money or property, or by operation of which a person may become entitled to receive, as a result of the application of an element of chance, a token or money or property.
c. Subsection (3) does not prohibit a crane game. As used in this section, CRANE GAME means an amusement machine activated by the insertion of a coin by which the player uses one or more buttons, joysticks or similar means of control, or a combination of those means of control, to position a mechanical or electromechanical claw or other retrieval device over a prize, toy, novelty or an edible item having a wholesale value of not more than $3.75 and thereby attempts to retrieve the prize, toy, novelty or edible item. Every prize, toy or edible item must be retrievable by the claw. A slot machine is not considered a crane game.
d. Subsection (3) does not prohibit a redemption game if all of the following conditions are met:
1. The outcome of the game is determined through the application of an element of skill by the player;
2. The award of the prize is based upon the player's achieving the object of the game or otherwise upon the player's score;
3. Only noncash prizes, toys, novelties or coupons or other representations of value redeemable for noncash prizes, toys or novelties are awarded;
4. The wholesale value of a prize, toy or novelty awarded for the successful single play of a game is not more than $3.75;
5. The redemption value of coupons or other representations of value awarded for the successful single play of a game does not exceed 15 times the amount charged for a single play of the game or $3.75, whichever is less. However, players may accumulate coupons or other representations of value for redemption for noncash prizes, toys or novelties of a greater value up to, but not exceeding $250 wholesale value.
(4) Intoxicated persons shall not be allowed in the area designated for the operation of devices;
(5) Alcoholic beverages shall not be allowed on the premises, nor shall the premises be accessible to any place where alcoholic beverages are kept, sold, distributed, or given away, except in an establishment licensed for on-premises alcohol consumption by the Michigan Liquor Control Commission;
(6) The possession or use of a controlled substance as defined in Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq. shall not be allowed;
(7) Entertainment in the form of monologues, dialogues, motion pictures, still slides, closed circuit television, contests, or other performances for public viewing shall not be offered or permitted without an entertainment permit issued by the Michigan Liquor Control Commission, and noise or music shall not be permitted or caused to emerge from the licensed premises which is disturbing to persons in the surrounding area;
(8) The premises shall not be allowed to become a nuisance;
(9) A person under the age of 17 years shall not be allowed in the establishment before 3:00 p.m. on any day when any school in the city is open for regularly scheduled school attendance (excluding summer school and year-round schools) unless accompanied by a parent, legal guardian, or school official;
(10) A person under the age of 17 years shall not be allowed in the establishment between 11:00 p.m. and 7:30 a.m. unless accompanied by a parent, legal guardian, or supervising adult over the age of 25 designated by the parent or guardian to accompany the minor, unless the minor is an on-duty employee of the licensee;
(11) A person under the age of 14 years shall not be allowed in the establishment at any time unless accompanied by his or her parent, legal guardian, or a supervising adult over the age of 25.
Exceptions:
a. This section shall not apply to an amusement device center lawfully located in an enclosed shopping center containing a gross floor area of not less than 400,000 square feet, if the parent, legal guardian, or supervising adult provides identification and written consent for the person under age 14 to be in the amusement device center without the supervision required by this subsection.
b. This section shall not apply to a movie theater if the person under age 14 is accompanied by a sibling over the age of 16 and is not at the movie theater after 11:00 p.m.
(12) No person shall allow the placement of any amusement device which displays, exposes, produces, or emits any motion picture, printed matter, advertisement, writing, song, recitation, speech, music, or any other matter which depicts or describes nudity, which shall be defined as less than completely or opaquely covered human genitals, pubic regions, buttocks, human female breasts below a point above the top of the areola, or covered human male genitals in a visibly turgid state. A female breast is considered uncovered if the nipple only or the nipple and areola only are covered. In addition, no such device shall depict or describe any of the following:
a. Sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation, or any other act by a person involving the touching or contacting of the genitals, or any sexual acts which are prohibited by law;
b. The touching, caressing, or fondling of the breasts, buttocks, pubic region, or genitals or the stimulation thereof by any device, tool, implement or object;
c. The actual or simulated displaying or exposure or simulations of the pubic hair, pubic region, anus, vulva, or genitals of humans, brutes, beasts, or animals;
d. The suggestion or intimation of any criminal sexual conduct, prostitution, or illegal drug use;
e. Artificial devices or inanimate objects employed to depict any of the prohibited activities described above.
(13) A row, kiosk, or cluster of devices shall not be allowed any closer than six feet to any other row, cluster, or kiosk of devices. This six foot aisle between rows, clusters, or kiosks of devices does not prohibit the back-to-back or side-to-side placement of amusement devices in rows, or otherwise, as long as a six-foot aisle separates such groupings. The six-foot aisle between rows, clusters, or kiosks of devices shall be maintained at all times to facilitate emergency evacuation of the premises.
(14) If the licensee is an amusement device center, provide attendants as required by the Planning Commission pursuant to the special approval land use process set forth in the City's zoning ordinance or, if no special approval was required or no number was established, two attendants shall be provided for the first 75 devices on the premises or fraction thereof and one attendant shall be provided for each 50 devices or fraction thereof beyond the first 75 devices. The licensee must furnish the City Clerk with the following information with respect to each attendant in order to receive a license to operate such an establishment:
a. The attendant's name, date of birth, residential address, photograph, and a copy of his or her driver's license or state-issued identification card; and
b. Whether the attendant has ever tendered a plea to, or been convicted of, a crime involving, either directly or indirectly as a result of a plea agreement, moral turpitude, a controlled substance offense, violence, criminal sexual misconduct, child abuse, or involving conduct detrimental to minors.
(15) Dispose of all waste materials deposited by patrons on the premises and provide sufficient waste receptacles for the deposit of same. A licensee shall keep such materials from being strewn or littered about the premises or blowing on to adjacent property;
(16) Keep every amusement device visible through a window from the exterior of the location, visible from the main public entryway of the location, or visible from a location accessible to any member of the public. No amusement device shall be located behind a doorway, in a back room or side room, or in any other location that is not visible as required by this subsection.
(B) No minor under the age of 17 years shall:
(1) Be in the establishment before 3:00 p.m. on those days when any public school in the city is open for regularly scheduled school attendance (excluding summer school and year round school) unless accompanied by a parent, legal guardian, or a school official;
(2) Be in the establishment between 11:00 p.m. and 7:30 a.m. unless accompanied by a parent, legal guardian, or a supervising adult who is authorized by a parent or guardian and who is over the age of 25.
(C) Hours of Operation.
(1) If the establishment does not have a liquor license for on-premises consumption, the establishment shall not be open after 12:00 a.m., nor shall anyone other than on-duty employees be permitted within the establishment after 12:15 a.m., and no amusement device shall be operated after 12:00 a.m.
Exception: retail stores in excess of 45,000 square feet are not subject to this provision.
(2) If the establishment has a liquor license for on-premises consumption, the establishment shall not be open after 2:00 a.m., nor shall anyone other than employees be permitted within the establishment after 2:15 a.m., and no amusement device shall be operated after 2:00 a.m.
Exceptions: movie theaters with an amusement device license may allow patrons to remain in the establishment for 15 minutes after the end of the final movie being shown, and bowling alleys may allow patrons to remain in the establishment until 15 minutes after all lane rentals purchased prior to 1:30 a.m. have ended.
(D) Nothing contained in this chapter shall be construed as permitting the licensing or use or maintenance of any gambling device, including slot machines.
(E) The licensee shall make the premises available for inspection at reasonable times by any authorized person of the city to determine that the applicant and the premises comply with all applicable codes, statutes, and regulations.
(F) No amusement device center shall contain more than 125 amusement devices.
(G) This chapter shall not apply to amusement devices that are maintained at, and under the supervision of, any public or parochial school, any religious institution, any duly recognized nonprofit civic organization, or any public body.
(1978 Code, § 5.5-12; Ord. No. 234, § 1, 5-18-82; Ord. No. 234A, §§ 7 through 14, 3-7-89; Ord. No. 234B, § 1, 9-18-90; Ord. No. 234-C, § 2, 9-19-00; Ord. No. 453, § 1, 5-3-17)