As used in this chapter, the following terms, shall have the following meanings:
“Agent”
means any person who is employed, whether or not paid in any manner by the concessionaire, to work in any carnival game or novelty stand.
“Carnival game”
means a concession, stand, booth, or space at, or in which, any game or test of skill, science, or amusement is offered, and at or in which the public is invited or permitted to participate for a fee, charge, or donation. “Carnival game” does not include either “pinball” machines or electronic video game machines.
“Person”
means a person, partnership, corporation or agent acting either individually, as a group, or in a conspiracy with other persons in any manner.
“Player”
means any person who plays a carnival game whether or not he is attempting to win a prize.
“Prize”
means any item won or represented to the player as capable of being won at a carnival game upon the completion of a given task.
“Spot-spot”
means a carnival game which is played by dropping metal discs onto a game-board that contains a round painted spot, in an attempt to cover the spot completely with the discs so that no color is visible.
(Ord. 1963 § 1, 1986)
No person, whether as owner, manager, agent, operator, or otherwise shall carry on, own, operate, or promote any carnival game, scheme, or device where the purpose is to obtain from any player or persons any money, goods, or other valuable thing whatever, by false pretenses. Violation of this section may be charged as either an infraction or misdemeanor in the discretion of the city attorney.
(Ord. 1963 § 1(part), 1986; Ord. 2192 § 5, 1989)
The following controls and rules on carnival games are applicable. Operation of a carnival game contrary to the provisions of this section is illegal.
A. 
No carnival game shall be allowed which, either by its design or by its operation, can be, or is controlled by the operator or the extent that the outcome of the carnival game is, or can be, determined either partially or entirely by said control.
B. 
No carnival game shall be allowed for which cash prizes are awarded.
C. 
No carnival game shall be played so as to alibi the outcome (where the outcome depends upon the word of the operator against the word of the player).
D. 
No merchandise shall be displayed in any carnival game which is not one of the prizes possible to be won.
E. 
Every carnival game sign shall display a sign which states the rules of the carnival game to be played and exactly what is required of the player in order to win each prize offered. Signs shall be of sturdy material, and the lettering shall be plain and of sufficient height to be readable by all players.
F. 
No foul lines shall be permitted. The concessionaire or agent may designate a line a certain distance from the target behind which the player must stand to play the carnival game, but appropriate structures or barriers must be placed at said line.
G. 
No hidden device which limits the player’s chance of winning shall be permitted.
H. 
No agent shall be employed to be paid on the basis of a wage or percentage of the gross or net profit where a deduction from the wage or commission is made for the value of prizes won by players.
I. 
In all “spot-spot” carnival games, the following shall apply:
1. 
The size of the disc must equal 0.622 times the diameter of the circle.
2. 
There will be no alibiing allowed in “spot-spot” carnival games by the operators.
3. 
Agents or operators shall not move discs once placed.
4. 
There shall not be any rules as to the distance required to drop the disc.
5. 
The operators or agents shall not drop any of the discs for the players except for the purpose of demonstration.
J. 
No more than twelve buildup prizes may be stocked or awarded at any one carnival game booth, and each prize must be clearly displayed and marked in the order of being awarded.
K. 
On the carnival game shooting ordinarily referred to as “shoot out the star,” only stars may be used as targets. The star must be one and one-fourth inch or less and the gun must contain at least one hundred BBs. This game may be played without prizes solely as a game of skill and when so played, no restrictions are placed upon the size of the star or the object used as the target.
(Ord. 1963 § 1, 1986)
Prior to the operation of any carnival game, the operator shall notify the police chief in writing of the carnival location, the names and addresses of the owners, operators, and agents of each carnival game and the nature of the carnival game.
(Ord. 1963 § 1, 1986)
The police chief or his representatives may preinspect any carnival game to determine its nature and acceptability. However, preinspection and acceptance or failure to reject a carnival game for noncompliance with the law shall not be considered to be a ruling or finding that the carnival game is legal in its nature or its operation.
(Ord. 1963 § 1, 1986)