Chapter 5.64


5.64.010    Definitions.

5.64.020    Applicability.

5.64.030    License required.

5.64.040    Fee and term.

5.64.050    Games of chance.

5.64.060    Restrictions.

5.64.010 Definitions.

A. “Amusement device” means any machine which, by the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, without any prospect of reward in money, merchandise or in any form of payoff, prize or award, and for the sole purpose of entertainment only. It includes such devices as marble machines, pinball machines, shuffleboard games, mechanical bowling games, mechanical grab machines, pool tables, billiard tables, video games, air hockey, foosball, and all other games, operations or transactions similar thereto under whatever name they may be indicated which are operated for the purpose of amusement. For purposes of this chapter coin-operated hobby horses or similar are not defined as amusement devices.

B. “Operator” means any person, firm, corporation, partnership or association who sets up for operation by another, or leases or distributes for the purpose of operation by another, any device as defined in this section, whether such setting up for operation, leasing or distributing is for a fixed charge or rental, or on the basis of a division of the income as derived from such device, or otherwise.

C. “Proprietor” means any person, firm, corporation, partnership, association or club who, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play. (Ord. 1798 § 3, 1993).

5.64.020 Applicability.

General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).

5.64.030 License required.

A. This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold.

B. The device license may be issued to the operator or to the proprietor. A separate device license shall be required for each premises that shall have amusement devices for operation.

C. The license shall clearly state the number of devices for which the license is granted.

D. The license shall be posted on the premises in which the devices are located. (Ord. 1798 § 3, 1993).

5.64.040 Fee and term.

A. The term for the amusement device license shall be one year.

B. The fee for each device shall be as designated by the city’s fee resolution. (Ord. 1993 § 1, 1998; Ord. 1798 § 3, 1993).

5.64.050 Games of chance.

It is unlawful to operate any amusement device or to permit it to be operated, which is not strictly a game of skill and not of chance. It is unlawful to permit any individual otherwise prevented by state law to play or operate the device licensed under this chapter. (Ord. 1798 § 3, 1993).

5.64.060 Restrictions.

Amusement devices shall not be operated within 400 feet of any school grounds during school session or events, unless license applicant possesses written permission from the school involved. (Ord. 1798 § 3, 1993).