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)