For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them, unless otherwise noted:
"Amusement machine"
means any claw, hook or grab machine, the use, operation or play of which is controlled, permitted or made available by placing therein any coin, plug, disc, key or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor or upon the making of any purchase; provided that the provisions of this section shall not apply to the keeping, possessing or exhibiting of any such game or machine at or in any store or place in which such games or machines are kept solely for sale or storage when members of the public are not permitted or allowed to operate, manipulate or play such games or machines, except as incident to demonstration for the purpose of sale.
"Arcade establishment"
means any place of business containing five or more arcade devices or a combination of arcade devices and amusement machines.
"Arcade machine"
means any device commonly known as a "pinball machine" or "video game" powered by electricity and operated by inserting coins, bills, tokens, or other money-based credit, not including any device sold and used solely for home use.
"Billiard room"
means any public place wherein the game of billiards is permitted to be played and includes any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards.
"Billiards"
means any of the several games played on a table, surrounded by an elastic ledge or cushions, with balls which are impelled by cues and shall include all forms of a game known as pool.
"Billiard table"
means any table, including coin-operated tables, on which billiards may be played.
"Charitable" or "charity"
means and includes, but is not limited to, the words religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal.
"Claw, hook or grab machines"
means and includes any machine or device so designed that articles placed therein for the purpose of the game may be grabbed, hooked or otherwise displaced, recovered or removed by the operation of any contrivance, simulating in miniature a power shovel, clam shell or drag line, or other mechanical device operated to produce a similar result.
"Dance hall"
means any indoor location where a public dance is held.
"Entertainment business"
means any business that includes or allows on its premises the operating or carrying on of an arcade machine, amusement machine, arcade establishment, billiard room, billiard table, live entertainment, dance hall, public dance, or trampoline center; unless exempted under Section 5.16.020(B) of this chapter.
"Live entertainment"
means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion, or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.
"Public dance"
means and includes any dance:
1. 
To which admission may be had by the payment of a fee, or cover charge, or equivalent, or by the purchase, possession or presentation of a ticket or token;
2. 
To which admission may be gained by a person without invitation or by anyone who cannot be identified at the time of the issuance of the invitation by the sender; or
3. 
To which the public generally may gain admission with or without the payment of a fee.
"Reasonable lighting"
means sufficient lighting for licensee, licensee's employees, or city inspectors to monitor the safety of any and all patrons or attendees without the need for flashlights or other devices.
"Tag"
means an individual use under the entertainment business license. Available tags include: (1) arcade or amusement machine; (2) arcade establishment; (3) billiard room; (4) live entertainment; (5) public dance; and (6) trampoline center.
"Trampoline"
means a device of canvas, fabric, or other material attached to a framework by springs, rubber coils, or other elastic material upon which a person can jump, bounce, tumble, or otherwise perform tricks, stunts, or acrobatics.
"Trampoline center"
means any place of business open to the public where trampolines are offered for use for any period of time. This definition shall not include any place of business where use of such trampolines is limited to children under 12 years of age.
(Ord. 5972 § 5, 9-14-2021)
A. 
No person shall engage in any entertainment business, as defined in this chapter, without first obtaining an entertainment business license.
1. 
No person shall operate or allow to operate any arcade or amusement machine, as defined in this chapter, without first obtaining an arcade or amusement machine tag for their entertainment business license for each arcade or amusement machine on the premises. No arcade or amusement machine tag shall be required if the entertainment business license has an arcade establishment tag.
2. 
No person shall operate an arcade establishment, as defined in this chapter, without first obtaining an arcade establishment tag for their entertainment business license.
3. 
No person shall operate a billiard room or billiard table, as defined in this chapter, without first obtaining a billiard room tag for their entertainment business license.
4. 
No person shall engage in, conduct, or operate a place where live entertainment, as defined in this chapter, is furnished, allowed, offered, or permitted to be carried on without first obtaining a live entertainment tag for their entertainment business license.
5. 
No person shall conduct, maintain, sponsor, or assist in the conducting or maintaining of any. dance hall or public dance, as defined in this chapter, without first obtaining a public dance tag for their entertainment business license.
6. 
No person shall operate a trampoline center, as defined in this chapter, without first obtaining a trampoline center tag for their entertainment business license.
B. 
A tag for live entertainment or public dance is not required when the business or establishment has a current, valid, active special district license under Chapter 5.24 of this code.
C. 
Nothing in this chapter shall be understood to authorize the operation of any business or activity contrary to zoning requirements in Title 30 of this code.
D. 
Any person wishing to obtain an entertainment business license shall file an application according to requirements and procedures in Section 5.04.050.
E. 
Any and all tags for an entertainment business license are valid only during the term of the underlying entertainment business license.
F. 
Denial, suspension, or revocation of any tag based on its particular additional conditions and operating requirements shall affect only the tag in question, and shall not cause a denial, suspension, or revocation of the underlying entertainment business license or any other tags thereunder.
(Ord. 5972 § 5 9-14-2021)
A. 
Entertainment business license arcade or amusement machine tag application requirements and procedures shall follow the same format as a license under Section 5.04.050.
B. 
Applications for arcade or amusement machine tags shall include the following additional information:
1. 
Name or title of the machine;
2. 
Footprint dimensions and photograph or image of the machine;
3. 
Rough map of intended layout/situation of the machine within place of business;
4. 
Name, address and telephone number of the distributor or supplier of the machine.
C. 
In the event that a person seeks an arcade or amusement machine tag and no other tags under an entertainment business license, the entertainment business license fee shall be waived and such person shall pay an application fee for the arcade or amusement machine tag alone.
(Ord. 5972 § 5, 9-14-2021)
A. 
Arcade or amusement machines should not be situated in such a location that they are not routinely visible to employees or the public.
B. 
Arcade or amusement machines should be located in areas with reasonable lighting.
C. 
In the event any person discontinues the maintenance of any machine or device licensed under this section during a period for which the same has been licensed, the licensee may substitute another such machine or device in place thereof and may maintain the substituted machine or device without the payment of any additional license fee for the remainder of the license period. Updated information should be provided upon renewal of the license and tag.
(Ord. 5972 § 5, 9-14-2021)
A. 
Entertainment business license arcade establishment tag application requirements and procedures shall follow the same format as a license under Section 5.04.050 of this code.
B. 
Applications for arcade establishment tags shall include the following additional information:
1. 
The number of arcade devices to be placed at the establishment;
2. 
The name, address and telephone number of the distributor or supplier of the arcade devices;
3. 
A statement setting forth the manner and method of providing adult supervision at the establishment;
4. 
A statement setting forth the number of off-street parking spaces and storage facilities for automobiles, bicycles, skateboards and other modes of transportation;
5. 
A statement setting forth any arrests or convictions of the owners, partners or corporate officers of the establishment for crimes involving minors within the past 10 years. Arrests or convictions may be cause for denial or revocation of an application or license.
(Ord. 5972 § 5, 9-14-2021)
A. 
The locations where arcade devices are operated shall provide sufficient security measures to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations and criminal activities.
B. 
Arcade establishments and locations where arcade devices are operated shall provide personnel over 17 years to maintain supervision of the arcade devices and patrons thereof.
C. 
Arcade establishments should have reasonable lighting in all places open to the public.
D. 
The arcade establishments and locations where arcade devices are operated shall prohibit persons under the age of 16 years from using or playing any arcade device between the hours of 8:00 a.m. through 2:00 p.m., Monday through Friday, and after 10:00 p.m. daily, unless accompanied by a parent or guardian. The 8:00 a.m. through 2:00 p.m. restriction shall not apply during school holidays and school vacation periods recognized by schools within the city.
(Ord. 5972 § 5, 9-14-2021)
A. 
Entertainment business license billiard room tag application requirements and procedures shall follow the same format as a license under Section 5.04.050 of this code.
B. 
Applications for billiard room tags shall include the following additional information:
1. 
A statement as to whether or not an application for a similar permit has been refused or canceled by this or any other municipality in the state and, if so, a full statement of the reasons therefor;
2. 
The number and type of proposed or existing billiard tables;
3. 
A rough layout of the billiard room demonstrating compliance with the construction and sanitary requirements of Section 5.16.080(C) of this chapter.
(Ord. 5972 § 5, 9-14-2021)
A. 
No person shall operate a billiard room between the hours of 2:00 a.m. and 6:00 a.m., or permit or allow any persons to remain in any billiard room between the hours of 2:00 a.m. and 6:00 a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises.
B. 
Restrictions on Attendance of Minors.
1. 
No person under the age of 18 years shall be in, remain in, enter or visit any billiard room, unless accompanied by his or her parent or guardian.
2. 
No person having charge or control of any billiard room shall permit or allow any such person under the age of 18 years to be in, remain in, enter or visit any such billiard room, unless such minor person is accompanied by his or her parent or guardian.
3. 
No person shall represent himself or herself to have reached the age of 18 years in order to obtain admission to such billiard room or to be permitted to remain therein when such person in fact is under 18 years of age.
C. 
A billiard room operating under the provisions of this chapter shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from any entrance to such room and the room shall have reasonable lighting. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to include the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storing purposes exclusively. All billiard rooms shall be kept at all times in a clean, healthful and sanitary condition.
D. 
No owner, proprietor, manager or employee of any billiard room shall permit the use of a pea-ball or dice, or the playing of games of chance in such billiard room, or give any checks or tokens which can be redeemed for merchandise or cash.
(Ord. 5972 § 5, 9-14-2021)
A. 
Entertainment business license live entertainment tag application requirements and procedures shall follow the same format as a license under Section 5.04.050.
B. 
Applications for live entertainment tags shall include the following additional information:
1. 
The entertainment business license history of the applicant, whether previously granted a license or permit for live entertainment in this or another city or state, has had such license or permit revoked or suspended, the reason therefor, and business activities or occupation subsequent to such action or suspension or revocation;
2. 
All convictions and reasons therefor;
3. 
The specific type of entertainment to be provided.
4. 
If an amplified sound permit is required under Chapter 8.36 of this code, evidence of that permit shall be affixed to this application.
(Ord. 5972 § 5, 9-14-2021)
A. 
Failure to procure or abide by conditions of an amplified sound permit under Chapter 8.36 of this code shall be grounds for denial, suspension, or revocation of a live entertainment tag.
B. 
No person licensed to provide live entertainment as provided in this chapter shall operate under any name or conduct his or her business under any designation not specified in his or her permit.
(Ord. 5972 § 5, 9-14-2021)
A. 
Entertainment business license public dance tag application requirements and procedures shall follow the same format as Section 5.04.050 of this code.
B. 
Applications for public dance tags shall include the following additional information:
1. 
The exact nature of the business;
2. 
The name, residence and business address and telephone number(s) of the manager(s) or person(s) in charge;
3. 
The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing, the seating capacity, and a floor plan of seating areas and dance floor;
4. 
The hours of operation and, if different, the hours during which dancing will be coordinated, promoted, or allowed;
5. 
If not coordinating, promoting, or allowing dances regularly during open hours, the date or dates upon which the dances will be conducted, which shall be not less than 15 days subsequent to the date upon which the application is filed;
6. 
If not coordinating, promoting, or allowing dances regularly during open hours, the approximate attendance expected.
(Ord. 5972 § 5, 9-14-2021)
A. 
No public dance tag holder shall allow dancing by any intoxicated, boisterous or disorderly person, or the continued presence of any such person.
B. 
No employee of permittee shall solicit or accept drinks from any customer or dance with any customer while so employed.
C. 
No person shall conduct or assist in conducting any public dance between the hours of 1:30 a.m. and 8:00 a.m.
D. 
All places where public dances are held must at all times when open for dancing therein be reasonably lighted throughout.
(Ord. 5972 § 5, 9-14-2021)
A. 
Entertainment business license trampoline center tag application requirements and procedures shall follow the same format as a license under Section 5.04.050.
B. 
Applications for trampoline center tags shall include the following additional information:
1. 
Proof of a policy of public liability insurance satisfactory to the risk manager;
2. 
A labeled map/plot plan/layout of the area containing any trampolines and accessory structures or devices, including, but not limited to, foam pits, basketball hoops, volleyball nets, climbing walls, ladders, slacklines, and jousting pedestals.
(Ord. 5972 § 5, 9-14-2021)
A. 
Failure to keep an approved public liability insurance policy in force may result in revocation of a trampoline center tag.
B. 
The city manager shall be authorized to make rules governing the operation of trampoline centers, and violation of any rules made pursuant to the authority granted in this chapter may result in revocation of a trampoline center tag.
(Ord. 5972 § 5, 9-14-2021)