[Adopted 10-5-1978 by Ord. No. 2335 as §§ 5-15 to 5-24 of the 1978 Revised General Ordinances; amended in its entirety 9-6-1983 by Ord. No. 83-30]
[Amended 4-17-1990 by Ord. No. 90-10]
As used in this article, the following terms shall have the meanings indicated:
ARCADE GAMES
All amusement games or devices of the type commonly known and designated as bagatelle, pinball machines, video or electronic games, computer games or any similar amusement games or devices operated, maintained, used or activated by means of a token, coin or similar object for the purpose of amusement or skill for which a fee is charged, but excluding billiard and pool tables, baseball batting cages, and indoor golf facilities.
RECREATIONAL FACILITY
Premises which are primarily devoted to recreational activities, such as bowling alleys, baseball batting cages, indoor golf facilities, billiard parlors and skating rinks.
No person shall maintain or operate any arcade game in any store, building or other place wherein the public is invited or where the public may enter, or in any building or other place wherein any club or organization meetings are held within the City of Englewood without having first obtained a license therefor from the City Clerk.
An application to operate an arcade game shall be signed by the applicant and filed with the City Clerk and shall contain the following information in addition to the information required pursuant to the provisions of § 262-3 of the Code of the City of Englewood. Any knowing misstatement in said application shall constitute a violation of this article.
A. 
A description of each arcade game, including the name and address of the manufacturer thereof, the name and address of the distributor from whom the machine is obtained, the model designation, serial number, common name (i.e. "Ms. Pac-Man"), dimensions, voltage and amperage requirements, and the charge for the playing of a game.
B. 
A floor plan sketch of the premises in which the arcade games will be located showing the dimensions and locations of each arcade game, exit doors and access aisles, counters, tables, chairs or other obstructions, and electrical outlets servicing the arcade games.
C. 
The applicant's date of birth.
D. 
A statement whether the applicant was ever convicted of a criminal offense and, if yes, the date(s) of conviction, a description of the crime(s) and the disposition(s) upon sentencing.
E. 
If the applicant is not the owner of the premises in which the arcade games are to be operated, the name and address of the owner of the premises and a statement signed by the owner consenting to the operation of said arcade games and agreeing to be bound by the terms and conditions of the license.
A. 
There shall be a nonrefundable application fee payable to the City of Englewood in such amount as may hereafter be specified by ordinance for each arcade game.[1]
[1]
Editor's Note: See Ch. 191, Fee Schedule, § 191-6.
B. 
Such application fee shall be payable upon submission of the initial application for each such arcade game and upon submission of each additional application required hereunder.
C. 
An additional application must be submitted prior to the renewal of a license and upon any change of facts contained in the application for which a license had been issued.
D. 
In addition to the application fee, there shall be a license fee payable to the City of Englewood in such amount as may thereafter be specified by ordinance for each arcade game.
E. 
Such license fee shall be payable upon submission of the initial application for each such arcade game and prior to the renewal of any such license.
F. 
Each license shall expire on December 31 of the year for which it is issued.
G. 
A license shall be effective only for the applicant, the arcade game, location and premises specified in the application therefor; provided, however, that the license may be transferable within the same premises upon submission and approval of a new application.
H. 
In the event an initial application is denied or in the event the renewal of such license is denied, the City Clerk shall return the license fee to the applicant. In no event shall the license fee be otherwise refunded or prorated.
No license shall be issued for an arcade game:
A. 
In any location in which arcade games are otherwise prohibited by law.
B. 
Unless such arcade game is in compliance with the rules and regulations set forth in § 100-20 hereof and is not in violation of any of the prohibitions set forth in § 100-21 hereof.
[Amended 9-3-1991 by Ord. No. 91-24]
C. 
Unless there is adequate electrical service for such arcade games.
D. 
Unless the premises in which the arcade games are to be located are otherwise in compliance with the safety codes and Chapter 317, Property Maintenance, of the Code of the City of Englewood.
E. 
To any person who has been convicted of a crime of moral turpitude.
F. 
To any person below the age of 18 years.[1]
[1]
Editor's Note: Original Subsection (g), which immediately followed this subsection and required a clear view of the arcade games from the outside, was repealed 4-17-1990 by Ord. No. 90-10.
[Amended 4-17-1990 by Ord. No. 90-10; 9-3-1991 by Ord. No. 91-24]
No person shall suffer or permit the operation of an arcade game in violation of the following rules and regulations:
A. 
At any location where arcade games are permitted and in which alcoholic beverages are served or consumed, except for a room or area physically separated or blocked off from any portion of the premises in which alcoholic beverages are served or consumed, provided that such areas are clearly designated as areas in which the service or consumption of alcoholic beverages is prohibited, the following regulations shall apply:
(1) 
No person below the age of 21 years shall play any arcade game.
(2) 
No arcade game(s) shall be operated unless it is so arranged or located so as to permit a clear view of the arcade game(s) through the window from the front exterior of the premises at ground level.
(3) 
No more than 10% of the floor area of the premises shall be devoted to the operation of arcade games.
B. 
At any location where arcade games are permitted other than the locations specified in Subsection A hereof, including a room or area physically separated or blocked off from any portion of premises in which alcoholic beverages are sold or consumed, provided that such areas are clearly designated as areas in which the service or consumption of alcoholic beverages is prohibited.
(1) 
No alcoholic beverages shall be sold or consumed on the premises or within the designated area.
(2) 
No more than 50% of the floor area of the premises shall be devoted to the operation of arcade games.
(3) 
There shall be no smoking within a room in which the arcade games are located.
C. 
At any location where arcade games are permitted, the following regulations shall apply:
(1) 
There shall be an unobstructed playing area extending at least two feet from either side and four feet in front of the playing side(s) of each such arcade game.
(2) 
There shall be a minimum aisle of eight feet between the playing side of each such arcade game and any wall, partition, or other obstruction or the playing side of any other arcade game.
(3) 
No part of any unobstructed playing area for any arcade game shall encroach upon the unobstructed playing area of any other arcade game.
(4) 
No required aisle or unobstructed area may contain any tables, chairs, counters or other obstructions except for one chair or stool limited to use by the customer playing said arcade game which shall be located within two feet from the playing side of each arcade game.
(5) 
The rear of any arcade game or, in the case of arcade games having two playing sides, one of the nonplaying sides, shall be placed against a wall or other fixed partition.
(6) 
Any electrical service to an arcade game shall be provided within the adjoining wall or partition and constructed in such a way that there shall be no wires extending beyond the sides of the arcade game, lying upon the floor or in any other manner which is likely to cause or permit a person to trip upon such wire.
(7) 
Fire extinguishers shall be mounted on a wall or partition in such a manner and in such numbers so that no arcade game shall be located more than 25 feet from such fire extinguisher.
[Amended 4-17-1990 by Ord. No. 90-10]
In addition to the rules and regulations set forth above, no person shall suffer or permit the operation of an arcade game in violation of the following prohibitions:
A. 
No arcade game shall be operated between the hours of 12:00 midnight and 9:00 a.m.
B. 
No arcade game shall be used, operated or played for gambling purposes.
C. 
No arcade games shall be operated unless the applicant, the owner of the premises, or an agent, employee or representative at least 18 years of age is present to supervise the operation of such arcade game.
A. 
Both the applicant and owner of the premises in which an arcade game is operated shall be responsible to refund to any customer upon demand any and all monies lost resulting from a malfunction or other defect which renders the arcade game inoperable.
B. 
Upon being notified or otherwise becoming aware of said malfunction or defect, the applicant and owner of the premises in which the arcade game is operated shall be responsible to forthwith place a notice upon such arcade game advising customers of the malfunction and defect and to conceal or otherwise cover the slot into which coins or tokens are deposited to prevent the further loss of money.
C. 
There shall be prominently displayed upon any premises in which an arcade game is operated a notice containing the rules and regulations as set forth in § 100-20 hereof, the prohibitions set forth in § 100-21 hereof and the requirements of this section.
[Amended 9-3-1991 by Ord. No. 91-24]
D. 
Each license granted hereunder shall be affixed in a conspicuous place to the arcade game for which said license was granted and shall show the name and post office address of the licensee, the manufacturer's serial number of the arcade game, and the amount required to operate said arcade game.
Any applicant, or owner of any premises in which an arcade game is operated or any other person who violates any provision of this article shall be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both, for each such violation.