As used in this chapter:
"Picture arcade"
means any place to which the public is admitted, or any public
place, wherein one or more picture viewing devices are operated or
maintained.
"Picture viewing device"
means any coin or slug operated, or electronically or mechanically
controlled, film or video tape viewing device which is operated, maintained
or designed to show still or motion pictures or images to five or
fewer persons per device at any one time.
(Ord. 90-30 § 3; Ord. 91-22 § 1(A))
A. No picture
arcade shall be maintained or operated unless all of the following
requirements are met:
1. Each
picture viewing device shall be visible from the main public entrance
to the establishment.
2. The
picture arcade shall be constructed such that each individual who
views the still or motion pictures or images displayed on any picture
viewing device is visible from head to toe from the main public entrance
to the establishment and the manager station in the establishment.
3. It
shall be the duty of the owners and operators of a picture arcade
to ensure that at least one employee is on duty and situated in the
manager's station at all times that any patron is present inside the
premises.
4. No
partially or fully-enclosed booths or partially or fully-concealed
booths shall be maintained in a picture arcade.
5. It
shall be the duty of the owners and operators of a picture arcade,
and it shall be the duty of any of their agents and/or employees present
in the picture arcade to ensure that the view from each picture viewing
device to the manager's station and the main public entrance to the
establishment, remains physically and visually unobstructed and unimpaired
at all times.
B. For
the purposes of this chapter, a person, place or thing shall be deemed
visible only if the persons, place, or thing is visible by direct
view with the retina of the unaided eye (except for the aid of corrective
lenses). No alternative surveillance system or systems, such as use
of mirrors or cameras, may be used to satisfy the visibility requirements
of this chapter.
(Ord. 90-30 § 3; Ord. 91-22 § 1(C))
The applicability of this chapter shall not be affected by the
utilization or maintenance of a membership or club format or any similar
arrangement or form of doing business, if this chapter would otherwise
be applicable.
(Ord. 90-30 § 3)
This chapter shall be applicable to any picture arcade which
opens for business after the effective date of the ordinance codified
in this chapter. Any picture arcade in existence prior to the effective
date of the ordinance codified in this chapter, and made illegal hereby,
shall conform to the provisions of this chapter within three months
after the effective date of the ordinance codified in this chapter.
(Ord. 90-30 § 3)
This chapter and the various sections thereof are declared to
be severable. Should any section of this chapter be declared by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the chapter as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
(Ord. 90-30 § 3)