[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]
[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.
