[CC 1961 §29.1; Ord. No. 2578 §1, 1-17-1983]
For the purposes of this Chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this Section:
Any establishment having four (4) or more mechanical or electronic
amusement devices for use or operation by the public or any establishment
deriving over one-half (½) its gross income from the utilization
of mechanical or electronic devices.
Any machine which, upon the insertion of a coin, slug, plat,
disc or any other insertion device, of any kind or description whatever.
Nothing herein shall be construed to include as a game device any
machine used solely for the vending of food, confections, cigarettes,
and other merchandise which upon insertion of a coin, token or disc,
will deliver to the purchaser the product or merchandise advertised
in said machine, or any coin-operated bowling lanes or alleys, music
machines or juke boxes.
Any establishment licensed by the City of Berkeley to operate
a business other than an amusement center or arcade having four (4)
or more mechanical or electronic amusement devices for use and operation
by its patrons and deriving less than one-half (½) its gross
income from the utilization of mechanical or electronic devices.
[CC 1961 §29.2; Ord. No. 2578 §1, 1-17-1983]
This Chapter shall not be applicable to any person having set
up in private residence one (1) or more mechanical 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 three (3) or less mechanical or electronic amusement
devices for use or operation by the public.
[CC 1961 §29.3; Ord. No. 2578 §1, 1-17-1983]
A.
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 and amusement center, arcade, or subsidiary arcade without first securing a special land use permit as set forth in Chapter 400, Zoning, and a business license duly issued under the provisions of Chapter 605, Merchants' and Manufacturers' Licenses, of the Berkeley Municipal Code.
B.
All amusement devices available to the public for a fee, whether or not situated in premises licensed as an amusement center or arcade pursuant to this Chapter, shall be subject to an annual license fee for each such device as set forth in Chapter 605, Merchants' and Manufacturers' Licenses, of the Berkeley Municipal Code.
C.
The
Council may exempt subsidiary arcades from this requirement by an
affirmative vote of five (5) or more of its members.
[CC 1961 §29.4; Ord. No. 2578 §1, 1-17-1983]
A.
An
application shall be made to the City Council for a special land use
permit for the operation of an amusement center or arcade in the City.
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 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.
If a special land use permit is granted, and a license issued to an
amusement center, the holder of the license shall provide the City
Clerk with updated data at the time of any subsequent change of ownership,
partners or corporate officers.
C.
Each
such application shall be referred to the Chief of Police, who shall
investigate the character and fitness of the proposed operator(s),
as well as any other persons listed as having an interest in the proposed
license. Such investigation shall also be made on subsequent owners,
partners and corporate officers.
[CC 1961 §29.5; Ord. No. 2578 §1, 1-17-1983]
A.
The
Council may deny a special land use permit should any of the following
circumstances be found to exist:
2.
Any parties interested in the proposed business have been convicted
of any violation of any Statute or ordinance involving moral turpitude
or have previously had a business license suspended or revoked; provided,that
if the Council shall find that such person's fitness to operate a
business has not been affected by such suspension or revocation and
that permitting such applicant to conduct such an operation would
not be contrary to the public interest, they may grant such permit.
B.
The
Council may suspend or revoke a special land use permit if any provisions
of the Municipal Code are violated.
[CC 1961 §29.6; Ord. No. 2578 §1, 1-17-1983]
Amusement centers and arcades shall not be located or situated
within a distance of two hundred (200) feet from any school, church
or place of worship.
[CC 1961 §29.7; Ord. No. 2578 §1, 1-17-1983]
A.
Every
amusement center or arcade within the City which is licensed pursuant
to this Chapter 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 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 purposes 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.
C.
Every
amusement center or arcade within the City of Berkeley shall be situated
on the ground floor or street level of the building and shall be so
situated to provide a clear and unobstructed view of the complete
interior thereof from the outside and no such place of business shall
be maintained and operated in any room or place having another room
adjacent thereto and accessible therefrom with the exception of the
storage closet, office space and the required separate toilet facilities
for male and female patrons.
[CC 1961 §29.8; Ord. No. 2578 §1, 1-17-1983]
A.
No
child under the age of fourteen (14) years shall be permitted in any
establishment regulated by this Chapter unless accompanied by a parent
or legal guardian. No person between the ages of fourteen (14) and
seventeen (17) years shall be permitted on the premises without having
on his/her person an identification card issued by the operator containing
his/her name, age, home address and telephone number. No such identification
card shall be issued by the operator unless he/she has received the
written permission of the parent or legal guardian and confirms the
same. The operator shall maintain a permanent record of the names
of parents or guardians who have granted such permission and the names
of the persons for whom they have granted such permission. Such records
shall be available for inspection at all times by the Chief of Police
or his/her representatives. Said ID shall be renewed on an annual
basis.
B.
Every
licensee of any business contemplated and defined in this Chapter
shall be responsible for observance of the existing curfew laws of
the City of Berkeley by any person within his/her establishment. Every
licensee shall post in a conspicuous location two (2) or more placards
having the articles pertaining to permitting minors to play and standards
of curfew and alcoholic beverages, drugs or other controlled substances
and gambling conspicuously and legibly written, or painted or printed
thereon in letters of not less than one (1) inch in size for the information
of players, patrons and employees.
C.
This
Section shall not apply to subsidiary amusement centers and arcades.
[CC 1961 §29.9; Ord. No. 2578 §1, 1-17-1983]
A.
No
alcoholic beverages shall be permitted anywhere on the premises of
any business defined and subject to this Chapter, unless such premises
have been licensed to dispense alcoholic beverages.
B.
No
controlled substances as defined by the Missouri State Statutes, firearms
or pyrotechnics shall be permitted on the premises of any business
defined and subject to this Chapter.
[CC 1961 §29.10; Ord. No. 2578 §1, 1-17-1983]
A.
No
license shall be issued for any coin-operated amusement device which
is so constructed as to make possible, either directly or by the use
of any adjustment, the return of cash, tickets, discs or other tokens
or certificates of any kind to a player operating the same, whether
or not such tokens or certificates have a value of any kind. Only
machines operated exclusively for the amusement provided by the operation
thereof shall be licensed, and no machine shall return, and no licensee
shall offer or give, any reward or thing of value as reward for making
of any score or accomplishing any result in the playing of any such
machine or device; except, that as a reward for his/her skill the
player may be given plays on the device, or such other rewards as
may be approved by the Council, but the free plays shall not be converted,
commuted or exchanged in any way.
B.
If
the Chief of Police or his/her designated representative shall have
reasonable cause to believe that any coin-operated amusement device
is used or being used as a gambling device, such machine or device
may be seized by the Chief of Police or his/her designated representative,
and impounded.
C.
No
gambling as covered by laws or ordinance shall be allowed on the premises.
[CC 1961 §29.11; Ord. No. 2578 §1, 1-17-1983]
A.
No
person shall be employed in a supervisory position in an amusement
arcade who is under the age of twenty-one (21), or who has been convicted
of any violation of any Statute, any provision of the City Code, any
ordinance involving moral turpitude, or any felony.
B.
Prior
to employing any person in a supervisory position, the operator shall
submit the name of such person and such other information as may be
required to the Police Chief, who shall determine whether such person
has been so convicted and shall notify the operator thereof.
C.
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
are open to the public and be present on the premises. The City Council
may require a uniformed security guard to be provided by the amusement
center or arcade.
[CC 1961 §29.12; Ord. No. 2578 §1, 1-17-1983]
The premises shall be closed during the hours between 1:00 A.M.
and 9:00 A.M. Monday through Saturday and between the hours of 1:00
A.M. and 1:00 P.M. on Sundays. This Section shall not apply to subsidiary
arcades.
[CC 1961 §29.13; Ord. No. 2578 §1, 1-17-1983]
A.
Every
place of business contemplated by this Chapter 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
and proper decorum at all times and shall be obligated, on order of
the City Council, to provide security personnel for the maintenance
of order and proper decorum on the premises. The Council may require
that tokens be used rather than currency to operate the video games
in order to prevent change soliciting from other businesses in the
area.
C.
Occupancy
shall not at any time exceed the number of persons permitted as defined
in the occupancy permit.
[CC 1961 §29.14; Ord. No. 2578 §1, 1-17-1983]
A.
All
coin-operated amusement devices and machines and all premises on which
such devices and machines are maintained or exhibited shall be open
to inspection by the Police Department.
B.
If
the Chief of Police shall have reason to believe that any licensee
of a coin-operated vending machine is guilty of a violation of or
the failure to comply with any of the provisions of this Chapter 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 coin-operated vending machines
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 machine or device impounded by the Chief of Police
and be provided a receipt therefor, and upon exhibiting such receipt
to the Chief of Police, shall be entitled to retain possession of
each machine or device so impounded.
