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 early indicates a different meaning:
Amusement redemption machine.
Any electronic, electromechanical, or mechanical contrivance
designed, made, and adapted solely for bona fide amusement purposes,
and that rewards the player exclusively with non-cash merchandise,
prizes, toys, or novelties, or a representation of value redeemable
for those items, that have a wholesale value available from a single
play of the game or device of not more than 10 times the amount charged
to play the game or device once or $5.00, whichever is less.
Coin-operated machine.
Any kind of machine or device operated by or with a coin
or other United States currency, metal slug, token, electronic card,
or check, including a music or skill or pleasure coin-operated machine.
Facility supervisor.
A natural person who manages, controls or operates an indoor
amusement facility on behalf of the owner or operator.
Indoor amusement facility.
An amusement enterprise wholly enclosed in a building offering
entertainment or games to the general public, for a fee, including
but not limited to a bowling alley, a billiard parlor/pool hall, and
a facility with videogames, computer games, skill or pleasure coin-operated
machines, or amusement redemption machines. Indoor amusement facility
does not include a business that exhibits less than ten (10) video
games, computer games, skill or pleasure coin-operated machines, or
amusement redemption machines as a secondary use of the property,
if the business does not otherwise fall into the definition of an
indoor amusement facility.
Music coin-operated machine.
Any kind of coin-operated machine, including a phonograph,
piano, or graphophone, that dispenses music or is used to dispense
music, is operated by inserting a coin, metal slug, token, or check,
and is not an amusement machine designed exclusively for a child.
Operator.
A person who exhibits or displays, or permits to be displayed,
a coin-operated machine in this city in a place of business that is
not owned by the person.
Owner.
Any person owning any “coin-operated machine”
or indoor amusement facility in this city.
Person.
Includes an individual, association, trustee, receiver, partnership,
corporation, or organization or a manager, agent, servant, or employee
of an individual, association, trustee, receiver, partnership, operation,
or organization.
Service coin-operated machine.
Every pay toilet, pay telephone, and all other machines or
devices which dispense service only and not merchandise, music, skill,
or pleasure.
Skill or pleasure coin-operated machine.
Any kind of coin-operated machine that dispenses or is used
or is capable of being used to dispense or afford amusement, skill
or pleasure, or is operated for any purpose other than for dispensing
merchandise, music, or service. The term includes marble machines,
marble table machines, marble shooting machines, miniature racetrack
machines, miniature football machines, miniature golf machines, miniature
bowling machines, billiard or pool games, or machines or devices that
dispense merchandise or commodities or play music in connection with
or in addition to dispensing skill or pleasure, and does not include
an amusement machine designed exclusively for a child.
(Ordinance 0705002, sec. 2 (13-47),
adopted 5/1/2007)
A violation of this article shall be a class C misdemeanor, and the penalty for violating this article shall be as provided for in section
1.01.009 of the Code of Ordinances of the city, except that the minimum fine shall be $50.00, and each day a violation exists shall be a separate offense. The provisions of this article are to be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein.
(Ordinance 0705002, sec. 6, adopted 5/1/2007)
Any police officer, fire marshal, health officer, building official
or other person authorized to enforce the provisions of this code
and applicable ordinances shall have the right to enter, inspect,
and remain for so long as is reasonably necessary to conduct an inspection
related to the enforcement of this code and applicable ordinances
any place of public amusement. The owner, proprietor, manager, facility
supervisor, or agent of such owner, proprietor, manager, or facility
supervisor of any place of public amusement commits an offense if
the owner, proprietor, manager, facility supervisor, or agent of such
owner, proprietor, manager, or facility supervisor of any place of
public amusement recklessly or with criminal negligence refuses to
admit any such official in the discharge of his duties without the
payment of an admission fee.
(Ordinance 0705002, sec. 2 (13-46),
adopted 5/1/2007)
No skill or pleasure coin-operated machine shall be permitted
within 300 feet, measured from front door to front door, of any school
building, church, or hospital. Facilities that have skill or pleasure
coin-operated machines and are within 300 feet of a church or hospital
as of June 1, 2007, may continue operating their skill or pleasure
coin-operated machines. However, if the facility ceases to operate
skill or pleasure coin-operated machines for 90 or more consecutive
days, then the operation of skill or pleasure coin-operated machines
will no longer be allowed in that facility.
(Ordinance 0705002, sec. 2 (13-78),
adopted 5/1/2007)