(A) All applicable permits must be issued to the applicant prior to the issuance of the special use permit and the opening of business. No electronic gaming operation or equipment associated with these establishments shall be located in a business or other use that does not have a Certificate of Occupancy (CO) specifically as an “Electronic Gaming Operation.” Such games are not permitted as an accessory use to any other business or use.
(B) The maximum number of electronic gaming terminals shall be determined by the following parking limitations:
(1) Two spaces per machine, or one space per every 100 square feet of total floor area, whichever is greater; and
(2) One additional space per each employee.
(C) If the electronic gaming operation provides more than three machines, during hours of operations, then at least one qualified security provider must be present on the premises.
(D) The establishment must not be located within one half mile of any church/house of worship or any public or private elementary, middle, or high school, community college, library, public park or playground, daycare center, library, or residential zoning district.
(E) The establishment must not be located within one half mile from any location that offers or is engaged in any type of electronic gaming or any adult or sexually oriented business.
(F) An application must contain a current certificate and straight-line measurement drawing prepared by within 60 days prior to application by a registered land surveyor depicting the distances between the land-uses contained within subsections (D) and (E) of this section. Measurement of distance separation shall be made as a straight-line measurement from the closest point of the structures being used for said land-use and the electronic gaming operation. For the purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(G) The hours of operation of the establishment shall be from 8:00 a.m. until 10:00 p.m. daily.
(H) No alcoholic beverages shall be served or consumed on the premises of electronic gaming operations.
(I) All signage and promotional material visible from the exterior of the building must comply with the signage standards described in §156.407 of this Chapter.
(J) All electronic gaming operations shall be operated only on the ground floor of a building, and glass windows must allow a clear view inside from the street. Tinted windows, curtains, or any other material that would conceal or obstruct view of the operations from the outside is prohibited.
(K) At all times while open for business and while patrons are on the premises, all spaces within the electronic gaming establishment shall remain open for direct, unobstructed access by government officials including but not limited to building inspectors, zoning officials, police officers, fire department personnel and emergency response personnel. Entrance doors shall remain unlocked at all times while patrons are on the premises.
(L) The applicant acknowledges and agrees that in the event a special use permit is granted by the Zoning Board of Adjustment, the applicant will remain vicariously liable, both civilly and criminally,
for the actions and activities of applicant's agents, servants or employees in the performance of their duties.
(Res. 2022-23, passed 8-1-2022; Ord. 2024-05, passed 5-6-2024)