[R.O. 2007 § 605.220; Ord. No. 3359 § 5, 12-14-2000]
The provisions of Article I of Chapter 605 of the City Code shall apply to this Article and any license issued hereunder specifically including, but not limited to, the provisions which address suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section 605.013. However, the specific provisions of this Article shall control and take precedence over any provision of Article I of Chapter 605 to the contrary. Any provision of this Article which addresses the same topic as Article I of Chapter 605 but which is not in conflict with the provisions of Article I of Chapter 605 shall be read in conjunction with and as an alternative to the provisions of Article I of Chapter 605.
[R.O. 2007 § 605.225; CC 1979 § 4-12; Ord. No. 760 § 5(B), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
This Article shall not be applicable to any person having set up in his/her private residence one (1) or more mechanical or electronic amusement devices when employed for his/her own private use or for the use of his/her family; business establishments where mechanical or electronic amusement devices are used exclusively by patrons and upon which no charge for playing is made; or business establishments or other public places which may have eight (8) or less mechanical or electronic amusement devices for use or operation by the public.
[R.O. 2007 § 605.230; CC 1979 § 4-30; Ord. No. 684 § 2, 10-8-1981; Ord. No. 760 § 5(C), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 22, 4-24-2014]
It shall be unlawful for any person to operate or to permit to be operated on any premises in the City owned or controlled by such person an amusement center or arcade area without first securing a license pursuant to the requirements of this Chapter. The supplier of the mechanical or electronic amusement devices must obtain a separate license per Section 605.945 of this Chapter.
[R.O. 2007 § 605.235; CC 1979 § 4-31; Ord. No. 760 § 5(D), 12-9-1982; Ord. No. 805 § 4, 6-2-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 23, 4-24-2014; Ord. No. 7253, 12-19-2019]
A. 
An application for a license for the operation of an amusement center or arcade area in the City shall be obtained from the Commissioner.
B. 
Each such application shall be verified and shall contain the name of the proposed operation (if a partnership, the names of all partners and, if a corporation, the names of all officers and stockholders), the proposed location of the amusement center or arcade area, and the number and types of machines to be provided. Such application shall be accompanied by accurately scaled and duly dimensioned plans of the premises showing the proposed location of the mechanical or electronic amusement devices.
C. 
Each such application shall be accompanied by an application fee as set forth in the fee schedule at Section 605.013; and, in addition, an annual license fee as set forth in the fee schedule at Section 605.013 shall be charged for each mechanical or electronic amusement device situated in amusement centers or arcade areas, and such additional fee shall be described as mechanical or electronic amusement device on the fee schedule at Section 605.013.
D. 
The plans submitted with such application shall be submitted to the Commissioner, who shall determine whether such proposed operation would comply with the applicable zoning ordinances, and shall be submitted to the appropriate fire protection district, who shall determine whether such proposed operation would comply with the provisions of the District's ordinances.
[1]
Editor’s Note: Former § 605.240, License — Issuance or Grounds for Denial, adopted and amended R.O. 2007 § 605.240; CC 1979 § 4-32; Ord. No. 684 § 3, 10-8-1981, Ord. No. 760 § 5(E), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000, was repealed 4-24-2014 by § 24 of Ord. No. 6120.
[R.O. 2007 § 605.255; CC 1979 § 4-35; Ord. No. 684 § 4, 10-8-1981; Ord. No. 760 § 5(H), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
Every license granted by the City pursuant to this Article shall be carefully preserved and displayed in a conspicuous place in the place of business authorized to be conducted by such license. The maximum number of mechanical or electronic amusement devices licensed shall be so indicated on the license, and any request for an increase in that number shall require approval of the Building Commission to ensure floor space ratio requirement is met.
[1]
Editor’s Note: Former § 605.260, License Assignment and Transfer — Sales by Executors, Etc., adopted and amended R.O. 2007 § 605.270; CC 1979 § 4-38; Ord. No. 760 § 5(K), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000, was repealed 4-24-2014 by § 25 of Ord. No. 6120.
[R.O. 2007 § 605.275; CC 1979 § 4-13; Ord. No. 684 § 5, 10-8-1981; Ord. No. 760 § 5(L), 12-9-1982; Ord. No. 803 § 1, 6-2-1983; Ord. No. 3359 § 5, 12-14-2000]
A. 
No amusement center or arcade area shall be located or situated within three hundred (300) feet of any school, convent, church or place of worship.
B. 
Every amusement center or arcade area shall be located and situated so as to provide a clear and unobstructed view of the interior thereof from the outside of the premises. No such place of business shall be maintained or operated in any room or place having any other room adjacent thereto and accessible therefrom, with the exception of storage closets and separate toilet facilities for male and female patrons or employees.
[R.O. 2007 § 605.280; CC 1979 § 4-14; Ord. No. 760 § 5(M), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. 
Every establishment within the City being or having an amusement center or arcade area pursuant to this Section shall have two (2) separate restrooms, one (1) for male patrons and one (1) for female patrons.
B. 
The ratio of space occupied by and for the use and operation of mechanical or electronic amusement devices to total interior floor space shall be no greater than one (1) square foot of space occupied by and for use and operation of a mechanical or electronic amusement device to each five (5) square feet of interior floor space. For the purpose of this Section, "interior floor space" shall be that interior floor space available to the patrons of such establishment, excluding restrooms, counters, tables, utility rooms, water heaters, closets, entrance foyers and office space.
[R.O. 2007 § 605.285; CC 1979 § 4-15; Ord. No. 760 § 5(N), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
No person under the age of eleven (11) years shall be permitted in the area designated as an amusement center or arcade area unless accompanied by his/her parent or legal guardian.
[R.O. 2007 § 605.290; CC 1979 § 4-16; Ord. No. 760 § 5(O), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 18, 1-14-2010]
A. 
No alcoholic beverages, drugs or other controlled substances shall be permitted anywhere on the premises of any business defined and subject to this Section, unless such premises have been licensed to dispense alcoholic beverages.
B. 
No firearms or pyrotechnics shall be permitted on the premises of any business defined and subject to this Section.
[R.O. 2007 § 605.295; CC 1979 § 4-17; Ord. No. 760 § 5(P), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. 
No mechanical or electronic amusement device on the premises of a licensee shall be operated in such a manner as to violate the provisions of Chapter 572, RSMo., and as the same may be amended.
B. 
Any mechanical or electronic amusement device which is capable of being played, used or operated in a single time by the insertion therein of more than one (1) coin, disc or other insertion piece and for the operator thereof winning free plays or free games thereon, or for the purpose of increasing the number of free plays or free games which may be won thereby is not permitted.
C. 
If the Chief of Police or his/her designated representative shall have reasonable cause to believe that any mechanical or electronic amusement device is to be used or is being used as a gambling device, such machine or device may be seized by the Chief of Police and impounded.
D. 
No gambling as prohibited by State or local laws shall be allowed on the premises.
[R.O. 2007 § 605.300; CC 1979 § 4-18; Ord. No. 760 § 5(Q), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 7253, 12-19-2019]
A. 
No person shall be employed in a supervisory position in an amusement center or arcade area who is under the age of twenty-one (21) or who has been convicted of any violation of any Statute or any provision of the City Code or other ordinance involving moral turpitude or any felony.
B. 
At least one (1) supervisor of at least twenty-one (21) years of age, employed by the operator, shall be on duty at all times the premises is open to the public and shall be present on the premises when said premises is or has an area designated as an amusement center or an arcade area.
[R.O. 2007 § 605.305; CC 1979 § 4-19; Ord. No. 760 § 5(R), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
Occupancy of an amusement center or arcade area shall not exceed at any time the number of persons established by the Fire Protection District by its ordinances or regulations. The operator shall conform to fire regulations concerning exit requirements, sign, and other matters as established by the Fire Protection District and as required by City ordinances.
[R.O. 2007 § 605.310; CC 1979 § 4-20; Ord. No. 760 § 5(S), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 26, 4-24-2014]
An amusement center or arcade area licensed under this Article V may not be operated or open outside the times of day permitted pursuant to any license issued under Chapter 600 or Chapter 605 of this Code for the same premises.
[R.O. 2007 § 605.315; CC 1979 § 4-21; Ord. No. 760 § 5(T), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. 
Every place of business contemplated by this Article shall be maintained in an orderly manner, and each business shall have at least eighty percent (80%) of the machines in good repair and operating at all times.
B. 
The licensee, business owner, manager and supervisory personnel of the licensed establishment shall be obligated to maintain and keep order at all times and shall be obligated, on order of the Chief of Police, to provide security personnel deemed adequate by the Chief of Police for the maintenance of order on the premises.
C. 
Business establishments or other public places which operate an amusement center or arcade area on their premises in conjunction with another type(s) of business operation shall enclose the amusement center or arcade area so as to be able to comply with the controls and regulations as set forth in this Article for amusement centers and arcades areas.
[R.O. 2007 § 605.320; CC 1979 § 4-22; Ord. No. 760 § 5(U), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 27, 4-24-2014]
A. 
All mechanical or electronic amusement devices, and all premises on which such devices and machines are maintained or exhibited, shall be subject to inspection by the Police Department.
B. 
If the Chief of Police shall have reason to believe that any licensee of a mechanical or electronic amusement device is in violation of, or fails to comply with any of the provisions of this Article or other ordinances of the City relating to the licensing and exhibiting of such machines and devices, the Chief of Police shall give notice to the licensee of such violations. If the licensee has not within five (5) days of such notice ceased such violation, the Chief of Police shall seize and impound all of the mechanical or electronic amusement devices for which the licensee has been granted a license by the City, or which are situated within the City and required to be licensed even if not licensed, and shall hold the same pending the trial of such licensee for such violation. If the licensee is found guilty of the violation as charged by the Chief of Police, such licensee shall pay to the City, in addition to any fine levied by the court, ten dollars ($10.00) for each device impounded by the Chief of Police and be provided a receipt therefor. Upon exhibiting such receipt of payment of fine and impoundment fee to the Chief of Police, the owner of such mechanical or electronic amusement device shall be entitled to regain possession of each device so impounded.