The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement center
means any business establishment in which at least 25 percent of the public floor area is devoted to coin-operated machines used for recreation and amusement purposes.
Arcade machines
means and includes every coin-operated machine of any kind or character whatsoever, when such machines dispense or are used or are capable of being used or operated for amusement or pleasure and do not dispense or award players with money, coupons, or any other prize for playing.
Coin-operated machine used for recreation or amusement purposes
means every machine or device of any kind or character which is operated with coins or metal slugs, tokens, or checks and which dispenses or awards players with money, coupons, or any other prize for playing, or is used or is capable of being used or operated for amusement, pleasure, skill or recreation.
(1) 
The term "coin-operated machine used for recreation or amusement purposes" includes machines operated by currency or legal tender.
(2) 
The term "coin-operated machine used for recreation or amusement purposes" expressly excludes coin-operated music machines, pay toilets, pay telephones, coin-operated rides for children, arcade machines, and all other coin-operated machines that dispense or vend merchandise, commodities, confections or music.
Owner
means any person, firm, company, association or corporation owning any coin-operated machine used for recreation or amusement purposes from which he derives a profit, save and except local religious, charitable and educational organizations authorized under state law.
(Ordinance 130, sec. 1, adopted 11/14/2016)
Any person who violates any provision of this article shall be charged with a class C misdemeanor, and if convicted shall be subject to punishment as provided in section 1.01.009. Each day that such violation is permitted to continue shall constitute a separate offense. As used in this section, the term "person" includes the owner, occupant, mortgager or vender in possession, assignee or renter, receiver, executor, trustee, or lessee, agent or another person directly, or indirectly, in control of a building or tract of land.
(Ordinance 130, sec. 2, adopted 11/14/2016; Ordinance adopting Code)
(a) 
Levied.
There is levied an annual occupation tax equal to 1/4 the amount levied by the state on each coin-operated machine that an owner exhibits or displays, or permits to be exhibited or displayed, in the city. The occupation tax shall be levied upon the owner of such coin-operated machines, save and except local religious, charitable and educational organizations authorized under the laws of the state; and the tax levied in this section shall be paid to the city, who shall issue an occupation tax receipt and, for each machine on which the occupation tax is paid, an occupation tax tag. The occupation tax shall be due and payable on January 1st of each year. Such occupation tax receipt and tax tag shall specify the number of recreation or amusement machines for which it is used and the address of the legal owner. The occupation tax tag shall be affixed to each machine on which the occupation tax is paid. Each machine upon which this occupation tax must be paid shall be registered with the city by the owner, such registration to contain the make, model and serial number of each machine.
(b) 
Substituting machines; replacement of mutilated tag.
In the event the owner of any of the recreation or amusement machines wishes to substitute a different machine for one within the city on which the occupation tax has been paid, the owner will remove the tax tag from the machine to be replaced and place it upon the substitute machine; provided, however, that the machine that is replaced by the substitute machine shall not be operated for profit within the city again until an occupation tax tag is affixed to it. In the event the tax tag is mutilated, the owner will turn in the mutilated occupation tax tag to the city and receive a new tag. There shall be a charge as set forth in the fee schedule in appendix A of this code for the new tag.
(Ordinance 130, sec. 3, adopted 11/14/2016; Ordinance adopting Code)
Within each place of business in which recreation or amusement machines are operated for a profit, the machines will be so situated that they will be in full, open public view.
(Ordinance 130, sec. 4, adopted 11/14/2016)
No person may engage in the operation for profit of any recreation or amusement machines within the city between the hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday. Such recreation or amusement machines may be operated on Sundays only after 1:00 p.m.
(Ordinance 130, sec. 5, adopted 11/14/2016)
Coin-operated machine amusement centers shall remain closed to minors. Additionally, minors shall be prohibited from operating coin-operated machines used for recreation or amusement purposes.
(Ordinance 130, sec. 6, adopted 11/14/2016)
The mayor or his/her designee is authorized to seal any recreation or amusement machine on which the occupation tax has not been paid. The city is authorized to charge a fee as set forth in the fee schedule in appendix A of this code for the release of any recreation or amusement machine that is sealed as provided above for nonpayment of the occupation tax. The owner or operator shall be responsible should any seal affixed in the city's name be broken, displaced or removed from the location and be guilty of a class C misdemeanor.
(Ordinance 130, sec. 7, adopted 11/14/2016; Ordinance adopting Code)
The mayor shall appoint or designate an authorized representative to make periodic inspections of premises licensed under this article to determine compliance with the building provisions, the maintenance of toilets and other sanitary facilities and compliance with the health, plumbing, sanitary and other applicable code provisions and any other city ordinance.
(Ordinance 130, sec. 8, adopted 11/14/2016)
It shall be unlawful for any person or business entity that owns an amusement center, save and except local religious, charitable or educational organizations authorized under state law, to operate such business within the city, without first having obtained an appropriate license from the city. The initial application for license shall be made with the city and renewed thereafter on or before January 1 of each succeeding year. Whoever shall violate this section shall be guilty of a misdemeanor under the code.
(Ordinance 130, sec. 9, adopted 11/14/2016)
There is levied an annual license fee in the amount set forth in the fee schedule in appendix A of this code on each person or business entity that owns an amusement center within the city. The city is authorized to collect this annual license fee, which shall be due and payable on January 1 of each year.
(Ordinance 130, sec. 10, adopted 11/14/2016; Ordinance adopting Code)
Because of the rapid proliferation of such businesses in the city and the observed congestion, late hours, potential for being an attractive nuisance to minors and the questioned legality of such activities, the city council hereby finds that a further proliferation and concentration of such businesses constitutes a nuisance to the health, safety and welfare of the city. Accordingly, subsequent to the passage of the ordinance from which this article is derived, no coin-operated machine used for recreation or amusement purposes shall be located within 300 feet of a church, school or hospital. Any businesses existing as of the time of the passage of this article shall be permitted to continue; however, if they should cease operations, or violate any of the provisions of this article or any other applicable city, state or federal law, their license shall be subject to revocation and such may not be renewed unless they meet all provisions of any applicable law, including the spacing requirements of this section.
(Ordinance 130, sec. 11, adopted 11/14/2016)
A license issued pursuant to this article shall at all times be displayed in some conspicuous place within the licensed place of business.
(Ordinance 130, sec. 13, adopted 11/14/2016)
(a) 
The city council is authorized and empowered to revoke the license of any licensee under this article, after giving such owner ten days' notice of a hearing and after conducting such hearing for the purpose of determining whether such license should be revoked.
(b) 
The power of revocation shall be exercised upon the following grounds only:
(1) 
For the violation of any of the provisions of this article;
(2) 
For the violation of the prescribed hours of operation provided in this article;
(3) 
For knowingly permitting the presence on the premises of a person under the influence of intoxicating liquor;
(4) 
For knowingly permitting disorderly conduct or immoral practices on the premises;
(5) 
For knowingly permitting the violation of state law, this article or any other city ordinance; or
(6) 
For failure to comply with the regulations of this article relating to minors.
(Ordinance 130, sec. 14, adopted 11/14/2016)
Nothing in this article shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table or coin-operated machine, the keeping, exhibition, operation, display or maintenance of which is illegal or in violation of any provision of the Penal Code of the state or the constitution of the state.
(Ordinance 130, sec. 16, adopted 11/14/2016)
Any employee of a coin-operated machine business who violates or permits patrons or customers of the coin-operated machine business to violate any provision of this article shall be charged with a class C misdemeanor.
(Ordinance 130, sec. 17, adopted 11/14/2016)