(a) 
The game room shall conform to all locally adopted ordinances and comply with all federal, state, and local ordinances and regulations relevant to the operations of a game room or gaming machine.
(b) 
The fire chief, the chief building official, all law enforcement, and all code enforcement officials shall have the right to immediately access to the area of the game room where such machines are located at any time during normal business hours or when the site is occupied for the purpose of inspecting said game room and enforcement of the terms of this article and state law.
(c) 
A game room owner, operator, or any person who does not allow immediate access to the area of the game room where such machines are located to officials for the purpose of inspection or enforcement commits an offense.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
A game room shall provide doors that are readily accessible without the use of a key, buzzer, or special knowledge or effort, during business hours or any other hours of operation.
(b) 
A game room or commercial establishment shall comply with all construction and fire codes, and shall pay any court-approved fees associated with a fire and life safety inspection, plan review, occupancy load calculation, or complaint.
(c) 
All construction and fire code regulations will be strictly enforced and game rooms shall provide any fire safety official with immediate access to the premises at all times.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
It shall be the duty of the game room owner, permit holder and operators of a game room to ensure compliance with this section. The owner, permit holder and operators of a game room are liable for compliance with this section.
(b) 
A game room shall operate only between the hours of 9:00 a.m. and 10:00 p.m. Monday through Sunday. Outside of operating hours, all gaming machines located at a game room must be made physically inaccessible to the public and unusable from 10:00 p.m. to 9:00 a.m. Each hour and/or portion of an hour that a gaming machine is accessible and operational during prohibited hours is a separate violation.
(c) 
Accessory gaming shall operate only between the hours of 9:00 a.m. and 10:00 p.m. Monday through Sunday. Outside of operating hours, the machines must be made inoperable from 10:00 p.m. to 9:00 a.m. Each hour and/or portion of an hour that a gaming machine is operational during prohibited hours is a separate violation.
(d) 
The game room owner, permit holder and operators of a game room that operate a game room in violation of this section shall be assessed a penalty as listed in section 6.10.092. Each hour and/or portion of an hour that a game room is operational during prohibited hours is in violation of these regulations and is a separate violation.
(e) 
A person commits a class C misdemeanor offense if they intentionally or knowingly operate a game room in violation of this section.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
Notwithstanding section 28.04.003 of the Code of Ordinances or any other city ordinance, code or regulation to the contrary, it shall be unlawful for the operator or owner of a game room not to clearly identify the site with a sign as required by this article.
(b) 
The sign displayed should be one provided by the city with a white background with black Arial font lettering of 1.5 inches.
(c) 
The sign must clearly read "game room" for establishments with six (6) or more amusement redemption machines and may not include any advertisements.
(d) 
The sign must clearly read "accessory gaming" for establishments with five (5) or less amusement redemption machines and may not include any advertisements.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
Every game room shall have transparent, unobstructed windows or open space on at least one side so that the area is open to view by the general public passing by on a street. The owner or operator of a game room shall not permit any obstruction of such public view by the use of drawn shades, blinds, partitions, tinting or other structure or obstructions. Violation of this section will result in the penalty listed in section 6.10.097.
(b) 
The requirement of subsection (a) may be waived or modified by the game room permit administrator if the owner can demonstrate all of the site's gaming machines or eight-liners are visible upon entering the premises from the front door.
(Ordinance 23-073 adopted 9/26/2023)
All game rooms must have Closed Caption Television (CCTV) camera systems and/or security monitoring system at the owner's expense. Those systems and any records or recordings made by those systems shall be stored such that they can be made available to law enforcement or city officials upon request. It shall be a violation of this section if any requested footage or other records have been deleted, recorded over, or otherwise made irretrievable by any person. The security monitoring system must be installed such that all amusement redemption machines within the building are being monitored at all times.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
It shall be the duty of the game room owner, permit holder and operator to ensure compliance with this section.
(b) 
Game room memberships are prohibited for any purpose.
(c) 
A game room shall not restrict entry to a game room and/or prohibit the participation in any activity inside a game room by a patron through the requirement of a game room membership.
(d) 
Game rooms shall not issue membership cards to any individual for any purpose.
(e) 
A person who operates a game room in violation of this subsection shall be assessed a fine as listed in section 6.10.097. Each person denied entry based on any requirement of a game room membership is considered a separate violation. Each day a violation occurs or continues to occur is considered a separate violation.
(f) 
Any violation of this section is grounds for denial, revocation, or suspension of a game room permit.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
Game rooms must comply with the city's zoning regulations.
(b) 
A game room in operation shall not be located:
(1) 
Within 600 feet from any school, child care facility, church, hospital, or residential zoning district; or
(2) 
Within a distance of 1,000 feet from an existing game room. Accessory gaming is exempt from this requirement.
(c) 
The measurement of the distance between the place of business and an existing game room, residential zoning district, child care facility, church, hospital or school shall be determined by measurements made in a straight line, without regard to intervening structures or objects, from the nearest point on the applicant's property line to the nearest point of the residential zoning district, child care facility, church, hospital or school property line.
(d) 
Game rooms are exempt from these distancing restrictions upon proof that the game room location held a valid permit for the year preceding reapplication. If the game room permit is suspended, revoked, denied renewal, allowed to lapse, or otherwise the game room does not have a valid permit for any period of time, then the game room will be considered a new game room and not exempt from the distancing requirements.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
A door attendant must be present at all times during the operating hours of the facility. Accessory gaming is exempt from this requirement.
(b) 
On-premises consumption of alcohol is prohibited at any location containing amusement redemption devices and/or skill pleasure coin operated machines.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
A game room owner shall be required to secure a regulatory enforcement license annually. A game room shall be required to secure a regulatory enforcement license by paying to the city an annual inspection and regulatory enforcement license fee as listed in section 6.10.072, fee schedule for each amusement redemption machine. The regulatory license fee is implemented to cover the costs to issue the permits, regulate the game rooms, and to determine whether the provisions of this article are complied with. The annual term for all gaming machines within a game room shall have an expiration date which coincides with the gaming room permit expiration/renewal date irrespective of the gaming machine initial licensing date.
(b) 
Any back-up or replacement amusement redemption machines shall be secured in a locked storage area or closet to which the public is not allowed to enter and such machines shall not be connected to electricity or otherwise operational. The occupation tax on such back-up or replacement amusement redemption machines shall be paid annually regardless of whether such machines are used by the game rooms. Any back-up or replacement amusement redemption machine must comply with section 6.10.032 and pay the regulatory enforcement license fee listed in section 6.10.072, fee schedule.
(Ordinance 23-073 adopted 9/26/2023)
All game room owners and operators in a game room shall be required to secure an ID badge issued from the city annually following the completion of the required background checks as described in section 6.10.035(g)(2). ID badge fees and replacement fees are listed in section 6.10.072, fee schedule, game room owner and operator ID badges shall be worn and visible at all times while operating and working in a game room, and the failure to do so is a violation subject to a fine according to the penalty schedule in section 6.10.097. An ID badge issued under the provisions of this article shall be specific to the site and personal to the holder thereof and shall not be transferable or assignable.
(Ordinance 23-073 adopted 9/26/2023)
The following fees shall apply to this article:
Fee Description
Article Reference
Fee
Gaming locate form fee
§ 6.10.035(f)
$60.00
Application fee
§ 6.10.031(f)
$3,000.00
Renewal fee
§ 6.10.003(5)
$3,000.00
Occupation tax per machine
§ 6.10.041(a)
$15.00
Replacement decals
§ 6.10.040(a)
$50.00
Regulatory enforcement license fee per machine
§ 6.10.070; 6.10.032(3)
$700.00
Reinspection fee
§ 6.10.036(b)(4)
$150.00
Initial ID badge fee per person
§ 6.10.071
$120.00
Replacement for lost ID badge fee
§ 6.10.071
$100.00
(Ordinance 23-073 adopted 9/26/2023)