[Ord. No. 1875, § 1, 9-14-1982; Ord. No. 1943, § 1, 11-22-1983; Ord. No. 3186, § 1, 4-23-1991]
For the purpose of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any establishment wherein there are more than three mechanical
amusement devices permitted to operate.
Any place, inside or outside of a building, where any business
or occupation licensed by the City is conducted, as well as all parts
of the building.[1]
Any coin-operated machine, table or device used for vending
merchandise, rendering a service or providing amusement, excluding
telephones.
Any machine, device or game which, upon the insertion of
a coin, debit or credit card, swipe card, slug, token, plate, disc,
or any other form of currency, permits a person or operator to use
the device as a game, contest of skill or amusement, whether or not
registering a score, which may cause a person or operator of the same
to secure some amusement, enjoyment or entertainment, and which is
not a gambling device. It shall include, but not be limited to, such
devices as electronic or mechanical game machines, pinball machines,
skill ball, bowling machines or any other mechanical or electronic
games or operations similar thereto under whatever name they may be
indicated.
[Amended 1-26-2021 by Ord. No. 5127[2]]
[1]
Editor's Note: The former definition of "enclosed mall shopping
center," which immediately followed this definition, was repealed 1-26-2021 by Ord. No. 5127.
[2]
Editor's Note: This ordinance also repealed the former definitions
of "retail commercial establishment" and "supervisor," which immediately
followed this definition.
[Ord. No. 1875, § 1, 9-14-1982; amended 1-26-2021 by Ord. No. 5127]
Mechanical amusement devices shall be subject, in addition to
any other fees or licenses paid by the owner thereof, to an annual
license or sticker fee of $25 for mechanical amusement devices.
[Ord. No. 1875, § 1, 9-14-1982]
(a)
The City Clerk/Collector shall refuse to approve issuance or renewal
of a license for one or more of the following reasons:
[Amended 1-26-2021 by Ord. No. 5127]
[Ord. No. 1875, § 1, 9-14-1982]
The City Clerk/Collector shall not issue or renew a license
under this division and shall suspend or cancel a permit if it is
determined that the applicant or permittee is indebted to the City
for any fee, costs, penalties or delinquent taxes.
[Ord. No. 1875, § 1, 9-14-1982]
(a)
A permit issued under this division:
(1)
Is effective for a single place of business only;
(2)
Vests no property right in the licensee except to maintain,
display for public patronage and permit the use, for skill or pleasure,
of coin-operated gaming machines in accordance with the terms and
conditions of this division; and
(3)
Shall not be assignable or transferable, except where the machine
is replaced and the remainder of the sticker previously issued is
delivered to the City Clerk/Collector at the time application for
the replacement sticker is made.
[Ord. No. 1875, § 1, 9-14-1982; amended 1-26-2021 by Ord. No. 5127]
The license or sticker issued by the City Clerk/Collector in
the case of coin-operated amusement devices shall be affixed to each
device or machine.
[Ord. No. 1875, § 1, 9-14-1982]
A replacement permit may be issued for a machine which has been
replaced by another machine or for a sticker lost, destroyed or mutilated,
upon application on a form provided by the City Clerk/Collector.
[Ord. No. 1875, § 1, 9-14-1982; amended 1-26-2021 by Ord. No. 5127]
(a)
The
Board, after notice to the licensee and a public hearing, may suspend
or revoke a license theretofore issued by the City Clerk/Collector,
if it finds one or more of the following:
(1)
Intentional misstatements, or misleading statements, of fact
in the application, not discovered until after the issuance of such
license;
(2)
Revocation of a license, pursuant to this division, of the applicant
or corporate officer of the applicant within two years preceding the
filing of the application;
(3)
Permitting conduct on the licensed premises which would constitute
a violation of any state statutes or provisions of this Code or other
City ordinances; or
(4)
Violations of this division.
[Ord. No. 1875, § 1, 9-14-1982]
(a)
Within 30 days of the expiration of the license, a licensee shall
apply to the City Clerk/Collector for renewal thereof, on such application
form as shall be provided by the City.
(b)
Renewal applications shall contain the name, address and license
number of the licensee's operation, and the licensee shall indicate
any changes from the information furnished to the City at the time
of the original application.
(c)
An application for renewal shall be accompanied by an annual license
fee of $25 for each mechanical amusement device.
[Amended 1-26-2021 by Ord. No. 5127]
[Ord. No. 1875, § 1, 9-14-1982; amended 1-26-2021 by Ord. No. 5127]
All licenses issued pursuant to this division shall be for a
term of one year, ending on July 31 of each year, unless suspended
or cancelled earlier. Licenses issued during such one-year term shall
not be prorated.
[Ord. No. 1875, § 1, 9-14-1982; amended 1-26-2021 by Ord. No. 5127]
(a)
All mechanical 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, or his designee, shall have reason to believe
that any licensee of a mechanical amusement device is guilty of a
violation of, or the failure to comply with, any of the provisions
of this division 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 days of such notice, ceased such violation, the Chief
of Police shall immediately cause a summons to be issued for the violation
of this division, or any other ordinance, relating to the licensing,
or exhibiting, of such machines and devices, said summons to be issued
to the licensee or licensees.
[Ord. No. 1875, § 1, 9-14-1982; Ord. No. 1943, § 2, 11-22-1983; Ord. No. 3186, § 1, 4-23-1991; amended 1-26-2021 by Ord. No. 5127]
(a)
Amusement centers or arcades may be permitted in the City by conditional
use permit of the Board of Aldermen after appropriate review and recommendation
by the planning and zoning commission, but only upon the following
conditions being present, or met, by the applicant:
(1)
The premises to be utilized as an amusement center or arcade
must be part of a retail commercial establishment where not more than
25% of the available retail commercial space is allocated to said
amusement center or arcade, and where the gross receipts of said amusement
center or arcade do not exceed 25% of the total gross receipts of
such retail commercial establishment; or such premises must be located
within an enclosed mall shopping center where access to the amusement
center or arcade is only from an interior or enclosed part of said
enclosed mall shopping center.
(2)
The hours of operation of any such amusement center or arcade
shall conform to the hours of operation of the retail commercial establishment
of which it is a part, unless otherwise provided for in the ordinance
granting zoning approval for such amusement center or arcade.
(3)
The parking facilities for said amusement center or arcade shall
be specifically reviewed by the planning and zoning commission and
the Board of Aldermen as they relate to the present parking available
for the retail commercial establishment, and the impact of possible
additional parking needs which are generated by the addition of the
amusement center or arcade. Parking for the entire retail establishment
with the amusement center or arcade shall be specifically found to
be adequate, or made adequate, by the planning and zoning commission
and the Board of Aldermen.
[1]
Editor's Note: Former §§ 13-118, Proximity
to schools and residential zones (Ord. No. 1875, § 1, 9-14-1982, as amended;
and 13-119, Operation (Ord. No. 1875, § 1, 9-14-1982), were repealed 1-26-2021 by Ord. No. 5127.
[Ord. No. 1875, § 1, 9-14-1982]
(a)
Every business establishment, individual proprietor or other person
having any machine on his premises shall make a report to the City
Clerk showing:
[1]
Editor's Note: Former §§ 13-121, Alcoholic
beverages; drugs (Ord. No. 1875, § 1, 9-14-1982); and 13-122, Gambling (Ord. No. 1875, § 1, 9-14-1982, as amended), were repealed 1-26-2021 by Ord. No. 5127. Sections
13-123 through 13-135 are reserved for future use.
