Chapter 5.05
AMUSEMENT CENTERS AND AMUSEMENT DEVICES
Sections:
5.05.040 License and fees in addition to others.
5.05.050 Authorization of licensing.
5.05.060 Application of other provisions.
5.05.010 Definitions.
For the purpose of this chapter and unless otherwise declared or clearly apparent from the context, the following definitions shall be applied:
A. “Amusement center” means any business located on or in premises within the city in which there are six or more amusement devices installed for the purpose of play, use or operation.
B. “Amusement device” means any machine or device requiring the deposit of money or other thing of value for its play, use or operation exclusively at a business occupying a fixed place of operation within the city, and which is based on skill and is played or operated only for amusement and entertainment of the player.
1. The term includes but is not limited to flipper, foosball, electro-dart, and video games, and coin-operated shuffleboard and bowling games.
2. The term does not include jukeboxes, billiard tables, pool tables, stationary rides, or any machine or device used exclusively for vending of merchandise or any video cassette, compact disc, game cartridge or similar item which is rented or leased for use at a location other than the business premises.
C. “Supplier” means any person, firm or corporation who leases or rents to or places with others for use of play, any amusement device located on or in premises within the city. (Ord. 866 § 1 (part), 1995)
5.05.020 License required.
A. An amusement device license shall be required for:
1. The owner of any business located on or in premises within the city in which amusement device(s) are placed for operation. The license shall be issued for the total number of amusement devices so placed. Such license shall be transferable from one amusement device to another within the business premises; provided, that the total number of devices placed for operation shall not at any time exceed the number of amusement devices so stated on the issued license;
2. Any supplier of amusement devices placed on or in premises located within the city for use, play or operation. One license shall be issued for the total number of amusement devices so placed throughout the city. Such license shall be transferable from one amusement device to another; provided, that the total number of devices placed for operation shall not at any time exceed the number of amusement devices so stated on the issued license.
B. An amusement center license shall be required for the owner of any business located on or in premises within the city in which there are six or more amusement devices placed for the purpose of play, use or operation. (Ord. 866 § 1 (part), 1995)
5.05.030 Exemptions.
The following shall be exempt from the licensing provisions of this section:
A. Amusement centers and amusement devices operated in private recreational areas, noncommercial recreational areas, public and private schools, governmental buildings, or operated by any bona fide charitable or nonprofit organization, including but not limited to religious, civic, charitable, benevolent, fraternal, social or youth organizations;
B. Any business operating at a fixed location within the city which rents or leases video games or any video cassette, compact disc, game cartridge or similar item for use by consumers at a location other than the business premises. (Ord. 866 § 1 (part), 1995)
5.05.040 License and fees in addition to others.
A. The licenses and fees required by this chapter shall be in addition to any other licenses, fees or taxes imposed or levied under any law or other ordinance of the city, except as otherwise expressly provided in this chapter.
B. Fees shall be established by resolution of the city council; provided, that any person required to obtain an amusement center license in addition to the amusement device license shall not be required to pay the amusement device license fee. (Ord. 866 § 1 (part), 1995)
5.05.050 Authorization of licensing.
Nothing in this chapter shall be deemed to authorize the licensing of any amusement center or amusement device in which the owner knowingly permits the placement, use or operation of “adult arcade devices” as defined in Chapter 5.06. (Ord. 866 § 1 (part), 1995)
5.05.060 Application of other provisions.
The licenses provided for in this chapter are also subject to the general provisions of the city’s business licenses and regulations code set forth in Chapter 5.04 as it now exists or is hereafter amended. In the event of a conflict between the provisions of Chapter 5.04 and this chapter, the provisions of this chapter shall control. (Ord. 866 § 1 (part), 1995)