789.02 DEFINITIONS.
   (a)    "Skill-based amusement machine” means a skill based amusement device, such as a mechanical, electronic, video, or digital device, or machine, whether or not the skill-based amusement machine requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the machine’s offering or to activate the machine, provided that all of the following apply:
      (1)   The machine involves a task, game, play, contest, competition, or tournament in which the player actively participates in the task, game, play, contest, competition, or tournament.
      (2)   The outcome of an individual's play and participation is not determined largely or wholly by chance.
      (3)   The outcome of play during a game is not controlled by a person not actively participating in the game.
   All of the following apply to any machine that is operated as described in subsection (a) hereof:
         A.   As used in this section, "task," "game," and "play" mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single task, game, play, contest, competition, or tournament may be awarded prizes based on the results of play.
         B.   Advance play for a single task, 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 machine 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 prizes that are stated prior to the start of the contest, competition, or tournament.
   (b)   “Skill-based amusement machine establishment” means a building, location, lot, trailer, premises or real property where five (5) or more skill based amusement machines are located for any period of time exceeding fourteen (14) days in any calendar year.
 
   (c)   “Church” means any church, synagogue, mosque, Temple, or building which is used for religious worship or related religious activities at least once every month.
   (d)   “Permit” means a permit to operate a skill-based amusement machine establishment.
   (e)   “Public Park” means any public land which has been designated for park or recreational activities by any Federal, State or local government. Public Park includes, but is not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian and/or bicycle paths, open space, wilderness areas, or similar public land within the Municipality.
   (f)   “Residential District” means those areas zoned as “Residence Districts” pursuant to the Codified Ordinances or the Residential District of any neighboring Municipality or governmental agency.
   (g)   “School” means any public or private educational facility including but not limited to, child care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, trade schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, technical colleges, community colleges, colleges and universities. “School” includes the building, premises and real property on which any school is located and all buildings, premises and real property owned or leased by any school.
(Ord. 2006-23. Passed 7-20-06.)