Chapter 5.52


5.52.010    Definitions.

5.52.020    License—Required—Grounds for denial—Fee—Renewal—Application—Investigation.

5.52.030    License issuance.

5.52.050    Inspection.

5.52.060    Establishment name.

5.52.070    License—Transfer prohibited.

5.52.080    License—Display required.

5.52.090    License—Revocation and suspension.

5.52.100    Existing centers—Applicability of provisions.

5.52.110    Interpretation of provisions.

5.52.010 Definitions.

For the purposes of this chapter, the following words and terms having the meanings given them in this section:

A. “Electronic game” means a coin-operated machine or device offered to the public as a game or amusement, the object of which is to achieve a high or low score based on the skill of the player.

B. “Electronic game amusement center” means any premises having thereon available four or more electronic games.

C. “Person” means an individual firm, association, partnership, corporation, joint venture or combination of individuals. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4950)

5.52.020 License—Required—Grounds for denial—Fee—Renewal—Application—Investigation.

A. Required. It is unlawful for any person to engage in, conduct, or carry on the operation of an electronic game amusement center without the license obtained from the police department as required by this chapter. An electronic game amusement center license (hereinafter “license”) shall be issued to any person who has complied with the requirements of this chapter and all other applicable provisions of this code, including application for and granting of a use permit through the community development department, unless grounds for denial of such license are found to exist. Grounds for denial include:

1. Material misstatement in the application for license;

2. The operation as proposed would not comply with all applicable laws including, but not limited to, all city laws;

3. The operation as proposed would be contrary to the public health, safety or welfare;

4. The applicant is lacking in the background and qualification to conduct an electronic game amusement center;

5. The applicant has, within the previous three years, been convicted of a violation of any provision of this chapter or of any similar law of another public agency which regulates operation of electronic game amusement centers.

B. Fees. Application for a license shall be accompanied by a nonrefundable fee as established by the council. The fee shall be in an amount sufficient fully to defray administrative costs incurred in the processing of an application, and shall not be in lieu of other fees or taxes, including business license taxes, required by this code.

C. Annual Renewal. A license shall be renewed with a change in ownership so that required background checks of applicants can be conducted. A nonrefundable renewal fee shall be established by the council with due consideration to the terms of subsection B of this section.

D. Application.

1. An initial application for license shall be made with the community development director and shall be accompanied by an application for use permit as required by Division I of Title 17. Notice and hearing requirements for an initial application shall be as required for the use permit application. Application for license renewal shall be made with the chief of police. If after investigation the chief of police finds no significant changes in operation or ownership, the chief of police shall refer the license renewal to the community development director. With referral of a license renewal to the director, the use permit shall be scheduled for a public hearing. Notice and hearing requirements shall be as required for the initial application. At the hearing, use permit conditions may be added, deleted or modified or the use permit and license may be revoked.

2. Applications, both initial and renewal, shall be signed by the applicant(s), shall set out the place of business and shall furnish the following information:

a. The previous address of each applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence of each;

b. Written proof that each applicant is at least eighteen years of age;

c. A statement that the applicant(s) shall allow the police department official to take the photographs and fingerprints of all applicant(s);

d. Each applicant’s height, weight, color of eyes and hair, and date and place of birth;

e. Business, occupation, or employment history of the applicant(s) for the three years immediately preceding the date of the application;

f. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation along with the amount of stock held. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant also shall apply. Any information required to be furnished by this section may be required of any individual named under the terms of this subsection;

g. The names and residence address of all persons currently employed or proposed to be employed in the electronic game amusement center along with a description of the proposed or actual nature of the work performed or to be performed and recent passport-size photographs of each employee, suitable to the chief of police. The chief of police shall require each such employee to have fingerprints taken by a police department official for the purpose of identification. Any applicant or licensee shall notify the city in writing of the names and addresses of new employees and shall supply such photographs of any new employees within five days of employment. Within five days of employment new employees shall allow fingerprints to be taken for identification purposes;

h. A statement that the electronic game center for which the license is sought is not intended to be, and will not be permitted to be used for any gambling purposes whatsoever;

i. A complete description of the electronic games, and the manner in which they are to be placed and operated;

j. A statement of the total number of such electronic games and devices currently on the premises, if any, and a description of each;

k. A statement of the applicant’s interest in, or title to, the electronic games currently on the premises;

l. Such other information as may be deemed necessary by the chief of police.

E. Investigation by the Chief of Police. The application shall be referred to the chief of police for the purpose of investigation and the chief of police shall have thirty days to investigate the application. At a minimum the chief of police shall determine whether any applicant has a criminal history, and based thereon and any other information which bears on the proposed operation, shall provide recommendation to the community development director. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4951)

5.52.030 License issuance.

The decision of the chief of police to grant or deny a license application is final, unless referred to or appealed to the council. Granting of a license shall be subject to any reasonable conditions imposed by the chief of police. In no case will a license be issued until required use permit approval has been granted in accordance with Sections 17.08.100 and 17.22.010 of this code. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4952)

5.52.050 Inspection.

Any and all investigating officials of the city shall have the right to enter electronic game amusement centers from time to time during regular business hours and on such periodic bases as may be required by the council as a condition of approval of the license, to make reasonable inspections to observe and enforce compliance with the provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4954)

5.52.060 Establishment name.

No person licensed to operate an electronic game amusement center shall operate under any name or conduct business under any designation not specified in the license. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4955)

5.52.070 License—Transfer prohibited.

No license issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those therein mentioned engaged in the enterprise for which the license is issued. As used in this section, “transfer” includes, but is not limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to Section 5.52.020, including transfer of more than five percent of the stock of any corporation. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4956)

5.52.080 License—Display required.

The owner or operator of an electronic game amusement center shall display the center license in an open and conspicuous place on the premises. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4957)

5.52.090 License—Revocation and suspension.

Any license granted under this chapter may be suspended or revoked by the chief of police for violation or breach of any applicable code provision or condition of issuance. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4958)

5.52.100 Existing centers—Applicability of provisions.

These regulations shall not apply to any center lawfully operating on the effective date of the ordinance codified in this chapter. Provided, however, that a significant change in operation or ownership of a center shall result in all provisions of this chapter applying to the center. “Significant change” shall include, but not be limited to, an increase in number of electronic games on premises. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4959)

5.52.110 Interpretation of provisions.

Nothing in this code shall be construed to authorize, legalize or permit gambling or gambling devices not permitted by state law. (Ord. 1128 § 1 (part), 1988: Ord. 946 § 1 (part), 1983: prior code § 4960)