(a) In addition to any other regulation found in this chapter or these codified ordinances, the following regulations are applicable to and shall govern and control all licenses issued under this chapter:
(1) Each licensee shall at all times open each and every portion of the sweepstakes terminal device facility for inspection by the Police Department and the Building Department for the purpose of enforcing any provision of this chapter, other provisions of the City's Codified Ordinances, or state or federal law.
(2) Each licensee shall have present at the sweepstakes terminal device facility at all times when the facility is open to the public at least one adult operator who has not been convicted of any felony; any crime of violence; any crime involving gambling activities, controlled substances, alcoholic beverages, or minors; or any crime involving moral turpitude.
(3) No licensee shall allow living quarters to exist with direct entry to the sweepstakes terminal device facility.
(4) No licensee shall operate a sweepstakes terminal device facility other than on street level or on a level within three feet of street level.
(5) No licensee shall allow any person, other than an owner or operator over eighteen years of age, who shall be readily identifiable, to be in control of the premises, nor allow the operator to be regularly situated in a place upon the premises other than a place from which the operator has an unobstructed view of the entire portion of the premises devoted to the operation of sweepstakes terminal devices.
(6) No person under eighteen years of age shall be permitted in a sweepstakes terminal device facility or on a parcel upon which a sweepstakes terminal device facility is situated.
(7) Any and all sweepstakes rules and odds of winning shall be posted in a conspicuous place at each sweepstakes terminal device facility and displayed on each sweepstakes terminal device at the start of each game and/or activity.
(8) Each licensee shall operate the sweepstakes terminal device facility in compliance with any and all pertinent rules and regulations of the Federal Trade Commission.
(b) All sweepstakes terminal devices shall be located in the sweepstakes terminal device facility in conformity with the floor plan filed with the license applications and shall:
(1) Not impair ingress or egress to the sweepstakes terminal device facility;
(2) Not interfere with free and unfettered passage through the sweepstakes terminal device facility;
(3) Be located so to permit a clear and complete view of the interior of the sweepstakes terminal device facility immediately upon entry; and
(4) Be located so that the back of any sweepstakes terminal device is not exposed to a window.
(c) No licensee or owner or operator shall permit, or fail to take immediate active steps to eliminate, the activities set forth in this section from occurring on the premises. Every licensee, owner, and operator shall have a duty to diligently pursue enforcement of this section. The actions of the operator or owner, and the failure to take action by the operator or owner, shall be imputed to the licensee. No licensee or owner or operator shall:
(1) Permit any indecent, immoral, or disorderly conduct, upon the premises;
(2) Permit the premises to become a gathering place for disorderly persons of any type;
(3) Permit gambling in any form or the possession or use of gambling paraphernalia on the premises;
(4) Permit smoking inside of the premises;
(5) Permit the possession or use of any unlawful drug, narcotic, or controlled substance on the premises;
(6) Permit the possession of any weapon on the premises, except by security personnel who are licensed to carry weapons;
(7) Permit the public street, sidewalks, alleys or walkways in the immediate vicinity of any entrance or exit to the premises to become littered;
(8) Permit the walkways adjacent to the premises to become obstructed in any manner so that pedestrian traffic is hindered;
(9) Permit any sweepstakes terminal device in the premises to be operated at any time the sweepstakes terminal device facility is not open for business, or permit the entrance to be locked at any time the premises is open for business;
(10) Permit the premises to become overcrowded so as to constitute a hazard to the health or safety of persons inside or to be in violation of any of the City's relevant code provisions; or
(11) Permit any sweepstakes terminal device to be offered to the public for operation unless fully operable and in safe operating condition.
(Ord. 2022-59. Passed 8-15-22.)