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 clearly indicates a different meaning:
Coin-operated amusement 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, that 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 only merchandise, music, or service. The term:
(1) 
Includes an amusement redemption machine, "8-liner," video slot machine, video lottery terminal (VLT), or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing amusement, skill, or pleasure; and
(2) 
Does not include an amusement machine designed exclusively for a child.
Person.
An individual, corporation, business trust, partnership, association, or other legal entity, and includes both the operator of a business that exhibits a coin-operated amusement machine and the owner of the property on which a coin-operated amusement machine is located.
Unruly gathering.
A gathering of more than one person that is conducted on a premises within the city and by which, by reason of the conduct of those persons in attendance, results in the occurrence of one or more of the following conditions or events on public or private property: rioting; trespassing; the unlawful sale, furnishing, possession, or consumption of alcoholic beverages or drugs; the destruction of property; obstruction of roadways, driveways, or public ways by crowds or vehicles; excessive noise; disturbances, brawls, fights, or quarrels; public urination or defecation; indecent or obscene conduct or exposure; or any other occurrence that results in a call for service by a law enforcement agency.
(Ordinance 828 adopted 4/26/2022)
(a) 
No person may exhibit a coin-operated amusement machine within 300 feet of a church, school, or hospital.
(b) 
The measurement of the distance between the place of business where the coin-operated amusement machine is exhibited and the church, school, or hospital shall be in a direct line from the property line of the church, school, or hospital to the property line of the place of business, and in a direct line across intersections.
(Ordinance 828 adopted 4/26/2022)
(a) 
There is hereby imposed on each coin-operated amusement machine within the city an occupation tax at the rate of $15.00 per year.
(b) 
The city may seal a coin-operated amusement machine if the tax imposed is not paid.
(c) 
There is hereby imposed a fee of $5.00 for the release of a sealed coin-operated machine.
(Ordinance 828 adopted 4/26/2022)
(a) 
Required.
A person may not exhibit a coin-operated amusement machine without a permit issued by the city. A separate permit is required for each business address.
(b) 
Transferability.
Permits are not transferable from one person or corporation to another or from one location to another location.
(c) 
Posting.
A valid permit must be posted in a conspicuous location in or on every business that operates coin-operated amusement machines regulated by this article.
(d) 
Unruly gatherings prohibited.
It is a condition to a permit issued under this section that no unruly gatherings shall be permitted within a business that operates coin-operated amusement machines.
(e) 
No illegal activity.
The issuance of a permit under this article shall not be construed to authorize or condone gambling, gambling promotion, unauthorized sale, possession, or use of alcohol, or any other illegal activity on the permitted property.
(f) 
Sale of alcohol.
No permit shall be issued to an establishment that derives 50 percent or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages.
(g) 
Windows.
It is a condition to a permit issued under this section that any room in which coin-operated amusement machines are exhibited shall have transparent unobstructed windows or open space on at least one (1) side so that the area is open to view by the general public passing by on a public street or using a corridor, lobby, or other room to which the public has access and is admitted without charge. The owner, manager or employee of a game room shall not permit any obstruction of such public view by the use of drawn shades, blinds, partitions, tinting that exceeds 20%, or other structures or obstructions.
(h) 
Fire safety.
It is a condition to a permit issued under this section that any premises on which coin-operated amusement machines are exhibited must have adequate fire exits as determined by the chief of the city's fire department.
(i) 
Hours of operation.
It is a condition to a permit issued under this section that the hours of operation of a permitted business may be no earlier than 12:00 p.m. and no later than 12:00 a.m. on the following day.
(j) 
Security.
It is a condition to a permit issued under this section that at least one state-licensed security guard shall be on duty at all times that a permitted business is open to the public.
(Ordinance 828 adopted 4/26/2022)
(a) 
Form; contents.
Any person desiring to operate a coin-operated amusement machine in the city must make a written application to the city council for a permit on forms provided by the city. The application must contain the name and address of each applicant, the location of the business, the name and address of the property owner (if different from the applicant) and a copy of any applicable lease agreement, a description and the serial number of each coin-operated machine, proof of payment of all applicable state taxes, and the applicable permit fee. An incomplete application will not be accepted. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit.
(b) 
Term.
The term of a permit shall be for one year from the date of issuance, and the permit shall expire at the end of the one-year term.
(c) 
Renewal.
A permit holder may apply for renewal on an annual basis by making application to the city council. The same information is required for a renewal permit as for an initial permit. The city reserves the right to obtain a criminal incident report for each renewal application and to submit the information to the city council as part of its consideration of the renewal application.
(d) 
Inspection to determine compliance.
Prior to the approval of an initial permit or the renewal of an existing permit, the city shall inspect the permitted business to determine compliance with the state laws and rules, city ordinances, and the requirements of the permit. The city council may deny an initial permit application or a renewal permit application to an establishment that does not comply with all applicable rules and regulations.
(e) 
Fees.
The fees schedule shall be as established from time-to-time by the city.
(Ordinance 828 adopted 4/26/2022)
(a) 
The city may suspend any permit to operate a coin-operated amusement machine if the operation constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit is suspended, operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
(b) 
Whenever a permit is suspended, the holder of the permit or the operator under that permit shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing before the city council is filed with the city by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The city council may end the suspension at any time if reasons for the suspension no longer exist.
(Ordinance 828 adopted 4/26/2022)
(a) 
The city may, after providing opportunity for a hearing before the city council, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the city in the performance of its duties. Prior to revocation, the city shall notify the holder of the permit or the operator, in writing, of the reason(s) for which the permit is subject to revocation and that the permit shall be revoked at the end of twenty days following service of such notice unless a written request for a hearing is filed with the city by the holder of the permit within such twenty-day period.
(b) 
If no request for hearing is filed within the twenty-day period, the revocation of the permit becomes final.
(c) 
In the event that the city revokes a permit under this section, the city shall not accept a new permit application for that property until the expiration of one year from the date of revocation.
(Ordinance 828 adopted 4/26/2022)
(a) 
A notice as required in these rules is properly served when it is delivered to the holder of the permit or the operator, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. Copy of the notice shall be filed in the records of the city.
(b) 
The hearings provided for in these rules shall be conducted by the city council at a time and place designated by it. Based upon the recorded evidence of such hearing, the city council shall make final findings, and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the city.
(Ordinance 828 adopted 4/26/2022)