Cross Reference — As to parks and recreation, ch. 225.
[R.O. 2013 §615.010; CC 1984 §9-265; Ord. No. 1064 §1, 4-6-1992]
As used in this Chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
The license required hereunder for a video game arcade or
game arcade.
Any person, firm, corporation or other business entity doing
business anywhere in the City.
The Chief of the Police Department of the City.
The City Clerk of the City.
Any pinball game, video game or other game designed to be
displayed where the public may play the game on depositing a coin,
coins or tokens in the machine, including pool tables, shuffleboard,
bowling or similar table games or video games of any kind.
Any person, firm, corporation, partnership or association
who sets up for operation by another or leases or distributes for
the purpose of operation by another any coin-operated game as herein
defined, whether such setting up for operation, leasing or distributing
be for a fixed charge or rental, or on the basis of a division of
the income derived from such device, or otherwise.
Any place where coin-operated games are displayed for use
by the public, whether or not another business is conducted on the
premises.
The license required by this Chapter for a video game or
coin-operated game on premises not required to have an arcade license.
Any individual, firm, corporation or other business entity
operating any coin-operated game or arcade.
A coin or currency operated device which is used to sell
tangible personal property without requiring the vendor's physical
attention at the time of sale.
A game using computer technology and a type of video display.
Any place where six (6) or more video games or coin-operated
games of any kind are displayed for use by the public, whether or
not another business is conducted on the same premises.
[R.O. 2013 §615.020; CC 1984 §9-266; Ord. No. 1064 §2, 4-6-1992]
Any business having games or coin-operated games open for business
shall obtain a game license for each game. The annual fee for such
license shall be twenty-five dollars ($25.00) for each game machine.
No additional license need be obtained when a different machine is
substituted for a machine on the premises, without increasing the
total number of machines offered for use on the premises. Any business
that is already licensed as a restaurant, food store or other business
shall also be required to obtain a video game arcade license if six
(6) or more video games or coin-operated games of any kind are displayed
for use by the public on the premises. Any distributor doing business
in the City shall obtain a license with the annual fee being one hundred
dollars ($100.00) exclusive of the proprietor's or arcade license
fees.
[R.O. 2013 §615.030; CC 1984 §9-267; Ord. No. 1064 §3, 4-6-1992]
No proprietor shall operate any video game arcade or any arcade
for six (6) or more coin-operated games without having a valid current
license for such business. The annual fee for such license shall be
the total number of machines authorized times twenty-five dollars
($25.00).
[R.O. 2013 §615.040; CC 1984 §9-268; Ord. No. 1064 §4, 4-6-1992]
A.
No proprietor shall operate a vending machine without having a valid license for such machine. Said license shall be affixed permanently and conspicuously in the machine and shall be non-transferable. The fees for those shall be as set out in Subsection (B) hereof.
B.
Every
applicant before being granted a license shall pay the following annual
license fee for the privilege of operating or maintaining for operation
each vending machine, jukebox, mechanical amusement device as defined
in this Section:
|
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Type of Machine
|
Annual License Fee
| |
|---|---|---|---|
|
|
1.
|
Weighing scales for persons and small counter or wall type machines
for gum, bulk candy or nuts and similar penny operated machines
|
$1.00
|
|
|
2.
|
Machines dispensing cups, cosmetics, combs, sanitary napkins,
stamps of less value than the amount paid, soap and other useful articles
not otherwise listed
|
$1.00
|
|
|
3.
|
Machines dispensing popcorn, candy bars, ice cream, sandwiches,
confections and other edibles operated with a nickel or more
|
$5.00
|
|
|
4.
|
Music or games including jukeboxes and shuffleboards
|
$15.00
|
|
|
5.
|
Cigarette, tobacco and drink dispensing machines
|
$5.00
|
|
|
6.
|
Coin-operated machines for television, radio, scenic pictures,
moving pictures, shoe shining, washing and drying and miscellaneous
articles or services not otherwise listed herein
|
$7.50
|
|
|
7.
|
Machines for strength testing, electric current, prophylactics
|
$10.00
|
|
|
8.
|
Claws, and all pinball machines capable of taking one (1) coin
or more per game
|
$25.00
|
|
|
9.
|
Coin-changing machines operated at a profit
|
$1.00
|
|
|
10.
|
Coin-changing machines which refund full change and postage
stamp machines which deliver stamps equal in value to the amount paid
|
None
|
[R.O. 2013 §615.050; CC 1984 §9-269; Ord. No. 1064 §5, 4-6-1992]
A.
Applications
for arcade licenses, game licenses and distributors' licenses shall
be filed with the Clerk on forms to be furnished by the Clerk. Such
application shall contain, if applicable:
1.
The name and address of the applicant. If the applicant is a partnership,
the name and address of each partner shall be given. If the applicant
is a corporation, the name and address of the Chief Executive Officer
of the corporation, and of the President, Vice President, Secretary
and Treasurer of the corporation shall be furnished. If a post office
box is used as a mailing address, the individual's or firm's residence
or business address shall be provided as well.
2.
The address and room or store number of the location where the games
are to be placed.
3.
The number of games to be placed.
4.
The name to be used for the business. If the games are to be located
on the same premises as a restaurant, convenience store or other business,
the name of the business shall be provided.
5.
Such other relevant information as is called for on the application
form.
[R.O. 2013 §615.060; CC 1984 §9-270; Ord. No. 1064 §6, 4-6-1992]
Upon receipt of an application for an arcade license or a distributor's license, the Clerk shall provide a copy of the application and refer the matter to the Chief of Police for an investigation of the character of the individuals whose names and addresses are required to be furnished by Section 615.050 of this Chapter. The Clerk shall furnish a copy of the application and refer the matter to the Code Enforcement Officer to determine whether the proposed business will violate any provision of the Zoning Code or the Building Code of the City. The Chief of Police and the Code Enforcement Officer shall approve or deny the application within two (2) weeks. The application, together with the approval or denial of the Chief of Police and the report of the Code Enforcement Officer, shall be delivered to the City Clerk. For an application for a game license, which shall not exceed five (5) at a location, the Clerk shall issue said license upon payment of the fees and a determination that the applicant has no more than five (5) game licenses at the location of the business.
[R.O. 2013 §615.070; CC 1984 §9-271; Ord. No. 1064 §7, 4-6-1992]
A.
The
following regulations shall apply to issuance of arcade licenses or
game licenses:
1.
No arcade or distributor's license shall be issued to an individual
who is not of good moral character. No license shall be issued to
any partnership unless each of the partners is of good moral character.
No license shall be issued to any corporation unless the Chief Executive
Officer, the President, Vice President, Secretary, and Treasurer of
the corporation are of good moral character.
2.
No arcade or distributor's license shall be issued for any business
in any premises that does not comply with the applicable provisions
of the Building Code and the Zoning Code.
3.
No arcade or distributor's license shall be issued for any business
that does not comply with this Chapter and with all applicable State
laws and City ordinances.
[R.O. 2013 §615.080; CC 1984 §9-272; Ord. No. 1064 §8, 4-6-1992]
Upon receipt of approval from the Chief of Police and Code Enforcement
Officer, the Clerk shall issue the arcade or distributor's license.
The applicant shall be notified promptly of the issuance or decision
refusing to issue a license. If the Clerk refuses to issue a license,
then the person aggrieved by the decision refusing to issue a license
may appeal to the Board of Aldermen by filing a written notice of
appeal within one (1) week of the decision of the City Clerk. The
notice of appeal need not be in any particular form, but it must identify
the decision from which the appeal is being taken. Such appeal shall
be heard by the Board of Aldermen at the next regularly scheduled
Board meeting. The Board of Aldermen action shall be final, except
for the right of any party to file an action in court.
[R.O. 2013 §615.090; CC 1984 §9-273; Ord. No. 1064 §9, 4-6-1992]
Any license issued hereunder shall be renewed upon the filing
of an application for renewal and the payment of the annual fee, if
the business complies with all applicable laws and ordinances and
if there are no grounds for revocation of the arcade license.
[R.O. 2013 §615.100; CC 1984 §9-274; Ord. No. 1064 §10, 4-6-1992]
Each current arcade license or game license issued under this
Chapter shall be kept at the premises and available for inspection
by any City Officer or employee at all times that the premises are
open for business.
[R.O. 2013 §615.110; CC 1984 §9-275; Ord. No. 1064 §11, 4-6-1992]
A.
The
person in charge of any video game arcade or game arcade, and the
person in charge of the area of any other establishment where coin-operated
games are available for use by the public shall not permit any person
under sixteen (16) years of age to remain in the arcade or area where
the games are available on school days during the hours when school
is in session. The person in charge shall not use force or enforce
this requirement, rather a Police Officer may be called. A person
under sixteen (16) who normally attends a private school or a school
sponsored by a religious organization in lieu of the public school
may be in an arcade or in the area where games are kept at times when
the private school or school sponsored by the religious organization
is not in session. Each licensee under this Chapter shall display
a sign with substantially the following wording, or with other wording
giving substantially the same meaning:
|
|
NOTICE
|
|---|---|
|
|
If you are under sixteen (16) years of age, you will not be
allowed to remain in this arcade on school days during the hours when
school is in session.
|
B.
No
person in charge of any arcade or the area where coin-operated games
are available for public use shall permit disorderly or offensive
conduct on the premises.
[R.O. 2013 §615.120; CC 1984 §9-276; Ord. No. 1064 §12, 4-6-1992]
The City Clerk shall cancel the license of any licensee upon
the written request by the Chief of Police that the licensee repeatedly
violates the terms of this Chapter. Such cancellation may be appealed
to the Board of Aldermen. Any licensee that has had any license canceled
under this Chapter shall not be eligible to apply for any other license
under this Chapter for a period of six (6) months.
[R.O. 2013 §615.130; CC 1984 §9-277; Ord. No. 1064 §13, 4-6-1992]
In devices requiring coins for operation, only United States
coins shall be used. The management of any establishment may sell
tokens, or provide machines to sell tokens, to be used in games instead
of coins. No person shall defraud any business by using any foreign
coin, counterfeit coin or unauthorized token to obtain the use of
a game without paying for it.
[R.O. 2013 §615.140; CC 1984 §9-278; Ord. No. 1064 §14, 4-6-1992]
It shall be unlawful for any person to own, lease, operate or
offer for the use of the public within the City of Valley Park any
coin-operated amusement devices, video games, computer games or viewing
machines which depict material which is obscene if considered as a
whole, applying community standards, its predominate appeal is to
prurient interests, that is, shameful or morbid interest in nudity,
sex or excretion, and utterly without redeeming social value and if,
in addition, it goes substantially beyond customary limits of candor
in describing or representing such matters.
[R.O. 2013 §615.150; CC 1984 §9-280; Ord. No. 1064 §16, 4-6-1992]
Any violation of this Chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this Chapter, the City
Attorney may apply to a court of competent jurisdiction for any injunction
to prohibit the continuation of any violation of this Chapter. Such
application for relief may include seeking a temporary restraining
order, temporary injunction or permanent injunction.
