The term “adult game room,” as used herein, shall
mean any business operated for profit in which three (3) or more game
machines are used where the player thereon is required to make a coin
deposit of any nature or kind before such game may be actually commenced.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(A))
No person may engage in the operation for profit of any adult
game room within the city between the hours of 12:00 midnight and
7:00 a.m. on the days of Monday through Thursday; provided, however,
that such adult game room may be operated on Friday and Saturday until
1:00 a.m. and that such adult game room may be operated on Sundays
only between the hours of 1:00 p.m. and 12:00 midnight.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(E))
Minors under the age of seventeen (17) years shall not be allowed
in an adult game room unless accompanied by parent or legal guardian,
and it shall be the duty of the proprietor or keeper to post conspicuously
in his place of business the following sign: “Minors under the
age of 17 years not allowed here unless accompanied by a parent or
legal guardian.” Nothing herein shall prohibit minors accompanied
by a parent or legal guardian from playing machines.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(F))
It shall be unlawful to erect or construct on the licensed premises
any partition or partitions obstructing the view of any part of the
building or premises licensed herein, or cutting the building into
two (2) or more rooms by constructing partitions therein, in which
a game machine or machines is or are displayed, owned and operated
for profit; provided, however, that toilets or other sanitary facilities
shall be enclosed and adequately ventilated in accordance with health,
plumbing, sanitary, and other applicable ordinances of the city.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(H))
Places of business governed by this division shall be located
on the ground floor or street level only of any building and shall
not be licensed for any other floor than the ground or street level
floor.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(I))
The city council shall appoint or designate the city building
inspector to make periodic inspections of the licensed premises, whose
duty shall be to determine compliance with the building provisions,
the maintenance of toilets, and other sanitary facilities, and compliance
with the health, plumbing, electrical, sanitary, and other applicable
ordinances of the city.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(J))
It shall be unlawful for any person, firm, association of persons,
corporation, and every other organization, save and except religious,
charitable, or educational organizations authorized under the laws
of the state, to own and operate for profit any adult game room, as
such term is herein defined, within the city, without having first
obtained an appropriate license from the city secretary, as herein
provided, which license shall at all times be displayed in some conspicuous
place within the licensed place of business.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(B))
The city secretary is authorized to collect the following annual
license fee for each location on which an adult game room is owned
and operated for profit, to wit, the sum of fifty dollars ($50.00)
for each license issued and a like sum for each renewal thereof.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(C))
Any license issued pursuant to this division shall be for one
(1) year and shall be nontransferable.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(D))
The city council is hereby authorized and empowered to revoke
or cancel the license of any person, firm, association of persons,
corporation, and every other organization authorized under the laws
of the state, licensed to own and operate an adult game room hereunder,
after giving such licensee ten (10) days’ notice of a hearing
and after conducting such hearing for the purpose of determining whether
such license should be revoked; provided, however, that such power
of cancellation or revocation shall be exercised only under the following
conditions:
(1) For
the violation of any of the provisions of this division.
(2) For
knowingly permitting the sale of any alcoholic beverage or beverages
in or on the premises licensed hereunder.
(3) For
violation of the prescribed hours of operation provided herein.
(4) For
knowingly permitting the presence on the premises of a person or persons
that are intoxicated.
(5) For
knowingly permitting disorderly conduct or unlawful practices on the
premises.
(6) For
knowingly permitting any persons under the age of seventeen (17) not
accompanied by a parent or legal guardian on the premises.
(7) For
knowingly permitting its operation as a public or private nuisance.
(8) For
knowingly permitting the violation of the law or laws of the state
or of the municipal code of the city.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 1(G))