Chapter 5.12
AMUSEMENT DEVICES OR SKILL GAMES
Sections:
5.12.030 City business license requirement.
5.12.050 Gambling use prohibited – Violation and penalty.
5.12.060 Rules and regulations.
5.12.010 Purpose of chapter.
This chapter is enacted for the purpose of the regulation and control of automatic amusement or skill games or similar machines or devices. Amusement machines are known to attract large numbers of people. The location limitation established by this chapter minimizes the levels of noise, congestion and traffic thereby preventing overcrowding of buildings, ensuring safety from fire and preserving the social and economic well-being of the city of Zillah. (Ord. 1134 § 1, 2007)
5.12.020 Definitions.
The following definitions shall apply in construing the provisions of this chapter, except where otherwise declared or clearly apparent from the context:
A. “Amusement device” means a coin-operated machine, device or apparatus which is mechanically, electrically or hand operated and which is designed and used for the purpose of playing a game of skill or chance by one or more players solely for the purpose of amusement and/or entertainment of the player or players. In addition, the term includes “jukeboxes,” as defined in this section. Without limiting the generality of the foregoing, the term includes flipper games, foosball games, electro-dart games, video games, coin-operated shuffleboards, and bowling games. The term does not include machines, devices or apparatus designed and used for the purpose of dispensing merchandise, nor does it include gambling devices or peepshows or panoramas, as the terms are defined in this section. Further, the term does not include billiard tables or pool tables.
B. “Amusement device operator” means any person who owns amusement devices which are installed, maintained or operated at the place of business of another, regardless of whether the devices are leased, rented or placed at the location of another on a sharing-of-proceeds basis.
C. “Amusement machine arcade” shall mean any area or portion of building in which there are located more than three amusement devices located in close proximity and creating a designated game/amusement area.
D. “Business operator” means a person who owns or operates the business where amusement devices, billiard tables or pool tables are installed, maintained or operated.
E. “Jukebox” shall have the usual and ordinary meaning including any machine, device or apparatus designed to be operated so as to produce or play music by the insertion or deposit of a coin, token or other thing of value.
F. “Location” means business premises of the business operator and, if the same business operator operates businesses at different locations, each location shall constitute a location for the purpose of this chapter.
G. “Peepshows” or “panoramas” mean any mechanical device which upon insertion of a coin or by other means, exhibits or displays a picture or view on film.
H. “Person” means any natural person, firm, partnership, corporation, association, trust or any other form of legal entity. (Ord. 1134 § 2, 2007)
5.12.030 City business license requirement.
A city of Zillah business license is required for any location in the city at which any amusement device is employed, and/or for any amusement device operator conducting business within the city of Zillah. Business licensing and regulation shall be as provided in Chapter 5.04 ZMC. (Ord. 1515 § 4, 2020; Ord. 1134 § 3, 2007)
5.12.040 Location.
A. The use of machines provided herein shall be limited to ancillary or accessory use only within a building or premises used for a commercial use permitted by the most current adopted zoning code.
B. Amusement machine arcades shall be permitted to be located only in designated areas or identified portions of a building. An amusement machine arcade shall only be permitted if it meets the requirements of ZMC 5.12.060 and ZMC Title 17. (Ord. 1134 § 4, 2007)
5.12.050 Gambling use prohibited – Violation and penalty.
Any person who shall use or permit to be used any amusement machine or device for the purposes of gambling shall be deemed to be guilty of a misdemeanor violation of this chapter and punishable under Chapter 9.46 RCW. (Ord. 1134 § 5, 2007)
5.12.060 Rules and regulations.
A. Amusement device operator shall install signs in any area in which amusement devices are located advising that the use of such machines or devices by persons under 16 years of age shall not be permitted during normal school hours in accordance with RCW 28A.225.010. The allowed or unregulated use of amusement machines or devices by persons under the age of 16 years during normal school hours shall be a basis for revocation of the operator’s business license.
Normal school hours shall be 7:30 a.m. to 3:00 p.m., Monday through Friday, except days on which the Zillah board of education has closed schools within its jurisdiction and during the months of June through August. It shall be the responsibility of the amusement device operator/licensee to ensure compliance of this section.
B. The licensee shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
C. No coin-operated amusement devices shall be operated in a manner which will enable it to be heard outside of the premises.
D. The licensee shall not permit the use or distribution of any controlled dangerous substance on the premises.
E. No walls or enclosures shall be permitted between machines. (Ord. 1134 § 6, 2007)