ARTICLE III. AMUSEMENT GALLERIES, GAME ROOMS, VENDING MACHINES AND MECHANICAL AMUSEMENT DEVICES
26-86 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement gallery means any business, other than a game room, which provides on its premises four or more mechanical amusement devices.
Arcade means an amusement gallery as that term is defined in this section.
Game room means a room classified as a permitted accessory use by the city zoning ordinance containing four or more mechanical amusement devices which does not occupy an excess of 25 percent or more of the usable floor area of a principal use as that term is defined by the zoning ordinance.
Mechanical amusement device means any machine, instrument or contrivance, whether video, electronic or mechanical, which may be operated or set in motion upon the insertion of a coin, token, slug, plate, disc, key, card or similar object, whether the device is activated by insertion of such object or is activated after paying a fee, membership fee or admission price, or their equivalent, and which may be operated for use as a game, entertainment or amusement, whether or not registering a score and whether operated by hand, electrically or by any other form of power. Such term shall include, but is not limited to, such devices as musical devices, billiard or pool tables, pinball machines, video games, electronic games, or any other type of machine, instrument or contrivance which may be operated or set in motion by any of the above-mentioned methods.
Vending machine means a mechanical device which, upon insertion of money, returns to the purchaser the value of his money in merchandise.
(Code 1985, § 8-181)
Cross reference—Definitions generally, § 1-2.
26-87 License required.
No person shall operate, establish, conduct or maintain an amusement gallery, arcade, game room, or any vending machine or mechanical amusement device in the city without first having obtained a license for same from the city.
(Code 1985, § 8-182)
26-88 Expiration date.
(a) The license year for licenses issued under this article shall terminate at midnight, one year from the date of issuance.
(b) The expiration date of each license shall be indicated on the face thereof.
(Code 1985, § 8-183; Ord. No. 2259, § 1, 4-25-12)
26-89 License application.
License application for any license under this article shall be made to the administrator upon forms furnished by the administrator and shall set forth the following information for determination of the applicant’s eligibility for licensing:
(1) The address and name of the proposed business.
(2) The name, home address, home telephone number, social security number and birthdate of the applicant for the license. If the proposed business is a partnership, then the names of all partners shall be listed. If the proposed business is owned by a corporation, then the articles of incorporation shall be submitted with the application together with proof that the corporation is registered with the state. If the corporation is a subsidiary of another corporation, then, in addition to the above, the articles of incorporation of the parent corporation shall be submitted. Names and home addresses of all current officers in the applying corporation shall be included together with the application.
(3) The name, home address and home telephone number of the owner of the building in which the proposed use is to be established.
(4) The name and birthdate of the manager of the business.
(Code 1985, § 8-186)
26-90 Inspection.
(a) Inspection of premises to be licensed under this article and recommendations shall be received by the administrator from the building and safety engineering division, police department, fire department and finance department prior to recommendation being made to the city council regarding license issuance.
(b) No license under this article shall be granted to any applicant until such applicant has complied with all applicable provisions of this chapter and every other applicable chapter or section of this Code.
(Code 1985, § 8-187)
26-91 Display of license.
The license issued under this article shall be displayed at all times in some conspicuous place in the business premises visible to the public, and the licensee shall produce such license for examination when requested to do so by any city police officer or inspector. Posting of the premises shall be in the manner prescribed in section 26-92.
(Code 1985, § 8-184)
26-92 Posting of premises.
All premises licensed under this article shall be posted as follows:
(1) A license for mechanical amusement devices and/or vending machines shall be displayed on the premises at all times in some conspicuous place in the business premises, visible to the public.
(2) All licensed premises shall be posted with a placard furnished by the administrator, which shall show age limitations and hours of operation for the premises.
(Code 1985, § 8-192)
26-93 License nontransferable.
No license issued under the provisions of this article shall be transferable.
(Code 1985, § 8-185)
26-94 Space requirements; attendant on premises.
(a) There shall be a minimum of 40 square feet of clear floor area for each mechanical amusement device located in any building or structure.
(b) There shall be six feet of aisle space between mechanical amusement devices or groups of devices in all instances.
(c) The proprietor, manager or owner of any licensed amusement gallery, game room or mechanical amusement device shall be responsible to have a full-time adult attendant, 18 years of age or older, on the premises during the hours of operation.
(Code 1985, § 8-189)
26-95 Operation of machines or devices by minors; hours.
(a) No minor under the age of 16 years shall be permitted to operate any mechanical amusement device or machine during the hours that city schools (kindergarten through 12th grade) are in session, or before 3:00 p.m.
(b) No establishment having licensed mechanical amusement machines shall be open earlier than 7:00 a.m., nor later than 2:00 a.m., on any day.
(c) No minor under the age of 16 years shall be allowed on the premises licensed under this article after 11:00 p.m. on any day preceding a scheduled day of operation of the city schools.
(Code 1985, § 8-190)
26-96 Licensee’s responsibilities.
No licensee, directly or indirectly, or by any servant, agent or employee, shall:
(1) Allow any minor under the age of 16 years to operate any mechanical amusement device or machine during the hours that city schools (kindergarten through 12th grade) are in session, or before 3:00 p.m.
(2) Permit any indecent, immoral or profane language, or indecent, immoral or disorderly conduct in his licensed establishment.
(3) Permit gambling or the use, possession or presence of gambling paraphernalia on the premises.
(4) Permit intoxicated persons on the premises.
(5) Permit the possession or use of any alcoholic beverage on the premises, nor shall the licensed premises be accessible with any place where alcoholic beverages are kept, sold, distributed or given away unless the licensed premises possesses a state liquor control commission license.
(6) Permit the illegal possession or use of a controlled substance, including marijuana, on the premises.
(7) Permit any public disturbance as defined in chapter 86 of this Code.
(8) Permit the premises to become a public nuisance. “Public nuisances” are defined and declared to be those things, acts or uses of property that annoy, injure or endanger the safety, health, comfort or repose of the public, or in any way render the public insecure in life or in the use of their property. “Nuisance” shall be held to embrace public nuisances as known at common law or in equity jurisprudence. Whatever is dangerous to human life, detrimental to health or makes the free and unrestricted use of a person’s property undesirable, or whatever renders the air or human food or drink unwholesome, are all nuisances and as such are declared illegal. Nuisances shall also be considered any definition as enumerated in chapter 58 of this Code.
(Code 1985, § 8-191)
26-97 Maintenance of device required.
It shall be unlawful for any licensee to knowingly permit any mechanical amusement device to be offered for operation in return for payment of a fee or consideration unless such device is fully operable and in safe operating condition.
(Code 1985, § 8-188)
26-98 Enforcement of article.
The provisions of this article shall be enforced by the administrator and the chief of police and their duly authorized representatives. They shall be authorized to enter, during normal business hours, for purposes of enforcement of this article, any building or premises for which a current license is in effect or for which a license has been applied, or any premises where a mechanical amusement device has been placed. A license can be denied, revoked or suspended if entry to the building where the license will be in effect is refused during normal business hours.
(Code 1985, § 8-193)
26-99 Reserved.
Editor’s note—Ord. No. 2089, adopted Jan. 14, 1999, repealed § 26-99, which pertained to violations and penalties and derived from Code 1985, § 8-194.
26-100 Revocation or suspension of license.
(a) The city council may revoke or suspend a license under this article for any of the reasons set forth in section 1-24 or for any violation of this article or chapter or for disorderly or immoral conduct on the premises or for the violation of any of the rules, regulations, ordinances and laws applying to the operation of mechanical amusement devices.
(b) The city council shall have the right to place the licensee under this article on probation for a specific period of time for any violation of this Code, prior to suspension or revocation of license.
(c) Upon submission to the city council of the request for suspension or revocation of a license issued pursuant to this article, if the city council finds there to be a violation of this article on the premises, the city council may:
(1) Upon the first finding of a violation on the licensed premises, establish a specific probationary period of time wherein compliance with this article and applicable regulations is to be continually maintained.
(2) Upon the second finding of a violation of this article on the licensed premises by the city council:
a. Suspend the license for a limited period of time.
b. Revoke the license.
(d) Nothing in this section shall be construed to prevent the city council from taking an action out of the aforementioned sequential order, nor be construed to prevent prosecution under section 26-99 for each and every criminal offense.
(e) The city council shall give notice of intention to take action against a license/licensee through the administrator. Such notice shall set forth specifically the grounds of the complaint and the time and place of hearing. Service of such notice shall be made by either personal service or by certified mail, return receipt requested, to the licensee at the last known address, at least ten days prior to the date set for hearing regarding probation, revocation or suspension of the license/licensee.
(f) The city council may reverse any determination to issue or to revoke, suspend or to establish a probationary period for any license/licensee under this article.
(g) No person shall operate any business under this article during any time when his license therefor has been suspended or revoked.
(h) In case of suspension or revocation of a license under this article, no portion of the license fee shall be returned to the licensee unless otherwise provided in this Code and/or in any ordinance of the city.
(i) Any probationary period, suspension or revocation of a license under this article shall be in addition to any penalty or fine as prescribed in this Code.
(j) The order of the city council shall be the final municipal action for the purpose of judicial review.
(Code 1985, § 8-195)