This article as herein established has been written for the
purpose of promoting and protecting the public health, safety and
general welfare of the community and in the furtherance of conserving
the value of property and establishing a community desirable to reside
therein.
(Ordinance 366-A, sec. I, adopted 12/21/00)
As pertaining to this article, the following definitions will
have their specific meaning as follows:
Any business establishment in which at least twenty-five
percent (25%) of the public floor area is devoted to coin-operated
machines used for recreation and amusement purposes, or pool or billiard
tables.
Every machine or device of any kind or character which is
operated by or with coins or metal slugs, tokens, or checks and which
dispenses or is used or is capable of being used or operated for amusement,
pleasure, skill or recreation. This term expressly includes pinball,
football, coin-operated pool tables, and other coin-operated machines
which dispense or afford skill or pleasure. This term expressly excludes
coin-operated music machines, pay toilets, pay telephones, coin-operated
rides for children, and all other coin-operated machines which dispense
or vend merchandise, commodities, confections or music. This term
shall also include machines operated by currency or legal tender.
Any person, firm, company, association or corporation owning
any coin-operated machine used for recreation, or pool or billiard
tables from which he/she derives a profit, save and except religious,
charitable and educational organizations authorized under the laws
of the state.
Any table surrounded by a ledge or cushion, with or without
pockets, upon which balls are propelled by a stick or cue, and where
the player thereon does not or is not required to make a coin deposit
causing an electrical connection of any nature or kind before such
game may be actually commenced.
Any pool or billiard table or any coin-operated machine used
for amusement purposes, any of which tables or machines are operated
for profit.
(Ordinance 366-A, sec. II, adopted 12/21/00)
Any person who violates any provision of this article for which
no other penalty is set forth shall, upon conviction, be subject to
a penalty of not more than one thousand dollars ($1,000.00) per incident
or per day in which such condition exists. Each day that such violation
is permitted to continue shall constitute a separate offense. The
term “person” as used in this section shall include the
owner, occupant, mortgagee or vender in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or another person, firm
or corporation directly or indirectly in control of a building or
tract of land.
(Ordinance 366-A, sec. XVII, adopted 12/21/00)
The city administrator 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 ordinance of the city.
(Ordinance 366-A, sec. IX, adopted 12/21/00)
(a)
The
recreation or amusement machines which are operated for profit within
a place of business shall not be left unattended.
(b)
Within
each place of business in which recreation or amusement machines are
operated for a profit, the machines will be so situated so that the
machines will be in full, open, public view.
(c)
The
term “full, open, public view,” as used in this article,
shall mean that the machines are clearly and plainly visible from
the exterior of the front of the building. The front of a building,
as used here, is that side of the structure where the main entrance
is located or that side of a structure which fronts a street. Provided,
however, if the playing of the recreation or amusement machines is
in a recreation center where the majority of the public is engaged
in an activity other than the playing of the machines, the machines
shall be in full, open, public view if the recreation and amusement
machines are clearly and plainly visible from the areas of the building
where the other activities are being performed.
(Ordinance 366-A, sec. IV, adopted 12/21/00)
It shall be unlawful to erect or construct in any business establishment
in which recreation and amusement machines are operated for a profit,
any partition obstructing the full, open, public view of any part
of the premises in which recreation or amusement machines are displayed
and operated for profit; provided, however, that toilets or other
sanitary facilities shall be enclosed and adequately ventilated in
accordance with the health, plumbing, sanitary, and other applicable
regulations of the city.
(Ordinance 366-A, sec. V, adopted 12/21/00)
No person may engage in the operation for profit of any recreation
or amusement machines within the city between the hours of two a.m.
(2:00) and seven a.m. (7:00), Monday through Thursday, and between
the hours of two a.m. (2:00) to seven a.m. (7:00) on Friday and Saturday.
Such recreation or amusement machines may be operated on Sundays only
between the hours of one p.m. (1:00) and two a.m. (2:00).
(Ordinance 366-A, sec. VI, adopted 12/21/00)
No person who has the control of any business establishment
wherein is kept, used or operated for profit any recreation or amusement
machines shall permit or allow any minor under the age of eighteen
(18) years to play thereon or to operate any such machine during school
hours. It shall be the duty of any person who is the proprietor or
keeper of such business establishment to post conspicuously in his/her
place of business in the vicinity of the machine’s location
within the place of business the following sign: “Minors Under
the Age of 18 Years Not Allowed Here During School Hours.”
(Ordinance 366-A, sec. VII, adopted 12/21/00)
The sale of alcoholic beverages in or on the premises licensed
under this article is prohibited. No person so licensed shall knowingly
permit the sale, use or consumption of any kind of alcoholic beverages
in or upon the premises for which a license has been issued.
(Ordinance 366-A, sec. XIII, adopted 12/21/00)
