726.11 OPERATION OF ARCADE.
   (a)   No person under the age of eighteen years shall be permitted on the premises.
   (b)   No doors shall be locked preventing ingress or egress by members of the public while patrons are on the premises.
   (c)   The operator shall adopt and enforce a no loitering policy on the premises.
   (d)   The premises of every amusement arcade shall be equipped with exterior lighting of sufficient intensity to illuminate every means of ingress and egress and adjacent parking areas.
   (e)   Each arcade shall be maintained so that it is handicap accessible throughout.
   (f)   Each existing arcade shall be divided into a smoking area and a no smoking area. At lease 50% of the arcade shall be designated for no smoking.
      (1)   Smoking areas in existing arcades shall be permitted using barriers and ventilation systems to the extent possible to minimize the migration of smoke to no smoking areas.
      (2)   Each no smoking area shall be designated with adequate signage prior to entering the area.
      (3)   Each arcade opened after the adoption of this Chapter shall be smoke free.
   (g)   Each arcade shall be operated with a glass storefront allowing full visibility at the sidewalk or right-of-way from the front through the playing area to the rear of the facility, exclusive of restrooms. No machines shall be placed in restrooms.
 
   (h)   Windows shall be clear and free of tint. No obstructions shall prevent observing at least 50% of the arcade games from outside the front door.
 
   (i)   The operator shall maintain a record of each game machine taken out of play for any reason, including but not limited to, machine malfunction. The record shall include, but not be limited to the following: name of operator taking the device out of play; name and address of player who last played; the amount reflected as won but not paid or lost by the arcade; a description of the malfunction; a description of how the game machine was designed to operate; time and date of removal from play; make, model, and serial number of the game machine. Said record shall be maintained on the premises for at least two years from date of removal. Further, the record shall be available for inspection to the Director of Public Safety, his agents, and designees during regular business hours.
 
   (j)   No arcade shall operate during the hours of 1:00 a.m. to 7:00 a.m.
 
   (k)   Each operator shall maintain a record of the full name, address, telephone number, date, tax identification number, and gross value amount for each player receiving consideration or anything of value exceeding two hundred dollars ($200.00). This record shall be filed with the Director of Finance for the City of Tallmadge at least quarterly. Further, such record shall be available for inspection to the Director of Public Safety, his agents, and designees during regular business hours for a period of two years.
 
   (l)   Each operator shall clearly post in a conspicuous place all circumstances in which a player may not “cash out”, be reimbursed, or receive a cash payment for the value of winnings, credits, rewards, or prepayments.
 
   (m)   Each operator, employee, and agent thereof shall wear a full name identification nameplate during working hours.
 
   (n)   All on premises food service shall comply with state and local health regulations.
 
   (o)   Each operator shall conspicuously display by posting with each skill-based amusement machine the established prize or reward for each play. This information shall be posted so that the player can observe it prior to and during play.
 
   (p)   Each operator shall make available and have on display forms as prescribed by the Director of Public Safety for the recovery of losses pursuant to Ohio R.C. 3763.
 
   (q)   No weapons, firearms, or dangerous ordnances are permitted on the premises.
(Ord. 50-2006. Passed 9-14-06.)