As used in this chapter the following definitions shall apply:
(a) "Amusement" means any circus, carnival, festival, fair, dance, movie, show, juke box, arcade game, amusement machine, computerized sweepstakes device or mechanical riding device.
(b) "Amusement machine" means the following:
(1) A skill-based amusement device, such as a mechanical, video, digital or electronic device, that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes, provided that with respect to rewards for playing the game all of the following apply:
A. The wholesale value of a merchandise prize awarded as a result of the single play of a machine does not exceed ten dollars ($10.00).
B. Redeemable vouchers awarded for any single play of a machine are not redeemable for a merchandise prize with a wholesale value of more than ten dollars ($10.00).
C. Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value of more than ten dollars ($10.00) times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and
D. Any redeemable vouchers or merchandise prizes are distributed at the site of the skill-based amusement device at the time of play.
(2) A device shall not be considered a skill-based amusement device and shall be considered a slot machine if it pays cash or one (1) or more of the following apply:
A. The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game.
B. Any reward of redeemable vouchers is not based solely on the player achieving the object of the game or the players score.
C. The outcome of the game, or the value of the redeemable voucher or merchandise prize awarded for winning the game, can be controlled by a source other than any player playing the game.
D. The success of any player is or may be determined by a chance event that cannot be altered by player actions.
E. The ability of any player to succeed at the game is determined by game features not visible or known to the player.
F. The ability of the player to succeed at the game is impacted by the exercise of a skill that no reasonable player could exercise.
(3) All of the following apply to any device that is operated as described in subsection (b)(1) of this definition:
A. As used in this definition, "game" and "play" mean one (1) event from the initial activation of the device until the results of play are determined without payment of additional consideration. An individual utilizing a device that involves a single game, play, contest, competition, or tournament may be awarded redeemable vouchers or merchandise prizes based on the results of play.
B. Advance play for a single game, play, contest, competition, 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 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 redeemable vouchers or merchandize prizes that are stated prior to the start of the contest, competition or tournament.
D. The mere presence of a device, such as a pin-setting, ball-releasing, or scoring mechanism, that does not contribute to or affect the outcome of the play of the game does not make the device a skill-based amusement device.
(c) “Arcade game" means a coin or token operated entertainment device, such as a mechanical, electronic, video or digital device, or machine, typically installed as a principal use in video arcades or as an accessory use in businesses such as hotels, or grocery stores, and designed and intended for use primarily by children. This definition shall not include amusement machines as defined herein, but shall also include pool tables.
(d) "Carnival", "fair" and "festival" means any enterprise not necessarily having a fixed location and consisting of mechanical or non-mechanical side shows, games of chance and food concessions, the entertainment of which is provided only upon the payment of a fee or charge.
(e) "Circus" means entertainment open to the public for an admission charge and consisting essentially of acts of physical skill and daring, wild animal acts, the display of elaborate and colorful costumes and trappings, comical performances by clowns and the like and also containing menageries and side shows or any combination thereof.
(f) "Computerized Sweepstakes Device" means any computer, machine, game or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, wherein a product or service is provided, and may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score. Machines designed for use by the State Lottery Commission are not computerized sweepstakes devices for purposes of this Chapter.
(g) "Dance" means any dance or ball open to the public to which admission can be had by the payment of a fee or the purchase, possession or presentation of a ticket or token or in which a charge is made for caring for clothing or other property. However, the provisions of this chapter shall not apply to parties given in private residences or to dances given by societies, clubs or organizations where attendance is restricted to members of that society, club or organization.
(h) "Juke box" means any music-vending machine, contrivance, or device which, upon the insertion of a coin, slug, token, plate, disc or key into the same, or by any other means of payment, operates or may be operated for the emission of songs, music or similar entertainment.
(i) "Mechanical riding device" means any machine, which, upon the insertion of a coin, slug, token, plate, disc or key, may be operated by the public generally or may be activated by switch control, or other similar device, upon the payment of a fee by the public generally in using such device for entertainment or amusement. It includes such devices as "kiddie mechanical horse rides", "kiddie mechanical wagon rides" and such other mechanical devices where the public generally is entertained by riding such mechanical device.
(j) "Movie" means any indoor or outdoor theater to which the public may be admitted upon the payment of an admission charge for the purpose of viewing a motion picture projected upon a screen.
(k) "Show" means the presentation of any play, concert, musical performance or other entertainment not set forth herein and open to the public upon the payment of an admission fee or charge.
(Ord. 2012-66. Passed 8-1-12.)