For the purposes of this chapter, the following words and terms shall have the meanings indicated in this section, unless otherwise expressly stated or the context clearly indicates a different intention:
Amusement Game Arcade.
1. 
Any premises containing any combination of 20 or more amusement game machines whether or not said machines constitute the primary use or an accessory use of the premises.
2. 
Any reference to "arcade" in this chapter shall mean an amusement game arcade.
3. 
Amusement game arcade includes, but is not limited to, any premises which has 20 or more amusement game machines where access or admittance to the amusement game machine or machines is allowed, upon payment of money or any other thing representative of value, whether or not such money or other thing representative of value is inserted into the machine.
Amusement Game Machine.
Any electronic or mechanical device which operates, or may be operated, through the exercise of skill or chance, as a game, contest, or for amusement, when such operation results from the payment or insertion of a coin, dollar bill or other thing representative of value, in any slot or receptacle attached to the device, or connected to the device or which provides access to the device.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. 
Permit required. It is unlawful for any person to use or permit the use of any building or portion thereof as an amusement game arcade unless an arcade permit has been issued pursuant to this chapter for the operation of that arcade and there is compliance with all conditions of that permit.
B. 
Compliance. It is unlawful for a person to violate any provision of this chapter or any rules and regulations duly adopted pursuant thereto.
C. 
The permits and fees required by this chapter shall be in addition to any other permits, licenses, fees, approvals or requirements of any other City or State law.
D. 
Nothing in this chapter shall be deemed to regulate those businesses defined in Chapter 5.68, Pool and Billiard Rooms.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. 
Minimum floor area requirements. No more than one amusement game machine shall be permitted in an arcade for every 20 square feet of floor area.
B. 
Aisles required. The aisles in arcades shall be a minimum of five feet in width.
C. 
Bicycle parking spaces required. Arcades shall be required to provide bicycle parking spaces as determined by the City Parking and Transportation Division and as described in administrative regulations for such parking adopted by the City Parking and Transportation Manager.
D. 
Lighting. The lighting in the arcade shall be adequate so that all places in the interior of the arcade are easily visible.
E. 
Visibility. All amusement game machines in an arcade shall be visible from a place on the first floor of the arcade that is within 15 feet of the main entrance of the arcade.
F. 
Toilets. All arcades shall have adequate toilet facilities for use by their patrons.
G. 
Adult supervision. An arcade shall be supervised by a manager who is at least 18 years old and is on the premises at all times the arcade is open for business. A sign with the name of this manager must be displayed in a conspicuous place near the main entrance of the arcade while the arcade is open for business so that the sign identifies the manager for the patrons of the arcade.
H. 
Security plan. An arcade must comply with a security plan that has been approved by the Chief of Police.
I. 
Persons under age of 16 years. Persons under the age of 16 years are not permitted in arcades during regular public school hours unless they are accompanied by their parent or guardian.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. 
It is unlawful for any person to pay any award in cash on the results of the operation of any amusement game machine.
B. 
Nothing in this section shall prohibit the operation of an amusement game machine designed and manufactured for bona fide amusement purposes which may, by application of skill, entitle the player to immediate merchandise, replay of the game or device at no additional cost or receive a check, slug, token, ticket or other thing representative of value which may later be redeemed for merchandise.
C. 
The value of merchandise made available to players shall not have a wholesale value greater than 15 times the value of one play.
D. 
The number of redemption tickets or points required to obtain merchandise shall be clearly posted.
E. 
The owner of any establishment where the operation of amusement game machines occurs is the responsible party and shall maintain compliance with this section.
(Ord. 4909, 1995)
A. 
Filing with tax and permit inspector. A complete application for a permit to operate an arcade and any required fee shall be filed with the City Tax and Permit Inspector. If the application is not complete, the Tax and Permit Inspector shall return the application to the applicant and summarize in writing the inadequacies contained therein.
B. 
Issuance required for operation and posting of notice of application. Neither the filing of an application nor the payment of any fee shall authorize the operation of any arcade.
C. 
Posting of notice of application. Upon the acceptance of a completed application by the City, the City Tax and Permit Inspector shall provide a written notice to the applicant (in a form adopted by the City for such purposes) which notice shall be prominently posted on each street frontage of the building in which the proposed arcade is to be operated.
1. 
The notice shall advise the public of its right to have the application determined by the Chief of Police pursuant to the procedural requirements of this section. Said notice shall be posted and maintained on the building frontage in a manner acceptable to the Tax and Permit Inspector for a period of not less than 14 days immediately after acceptance of the completed application.
2. 
The notice shall state that any comments to be reviewed must be sent to the Chief of Police in writing.
D. 
Required information. Each application for an arcade shall contain the following information:
1. 
The names, addresses and telephone numbers of all owners of the arcade and all owners and lessees of the premises on which the arcade will be located.
2. 
The present or proposed address where the arcade will be operated.
3. 
The name under which the arcade will be operated.
4. 
The zone in which the arcade will be operated.
5. 
The number of amusement game machines for which the permit is sought.
6. 
The square footage of the floor area of the premises in which the arcade will be located.
7. 
A plan of the premises where the arcade will be located. This plan shall be drawn to scale and shall show:
a. 
Dimensions of premises in which amusement game machines will be located.
b. 
Location and dimensions of offices, restrooms and storage areas.
c. 
Areas where amusement game machines will be located.
d. 
Bicycle parking spaces.
8. 
A proposed security plan.
9. 
Necessary information, including business license information, for the business to which the arcade is accessory, if applicable.
10. 
Such other information as the Police Chief may reasonably require.
E. 
Review by departments.
1. 
After receipt of a completed application, the Tax and Permit Inspector shall immediately submit the application to the Police, Community Development and Fire Departments and to the Parking and Transportation Division of the Public Works Department for a review of compliance with the applicable laws and regulations.
2. 
The Director of Community Development shall advise the Police Chief if the proposed operation will or will not comply with all applicable laws and regulations pertaining to zoning, building, and any required design review.
3. 
The Fire Marshal shall advise the Police Chief if the proposed operation will or will not comply with all applicable laws and regulations pertaining to fire safety.
4. 
The Parking and Transportation Division shall advise the Police Chief if the applicant's plans for the required bicycle parking are satisfactory and, if not, what steps must be taken to provide the necessary bicycle parking.
F. 
Action by police chief.
1. 
Applications for an Amusement Game Arcade Permit shall be determined by the Police Chief.
2. 
Within 30 days of the City's acceptance of a completed application for a proposed amusement game arcade, the Police Chief shall review the information received from the Director of Community Development, Fire Chief and the Parking and Transportation Division and shall make a decision for either (a) approval, (b) approval with restrictions or conditions, or (c) denial of the application.
3. 
If the Police Chief determines that the application would comply with all applicable laws and regulations, he or she shall grant approval or approval with the necessary conditions. If the Police Chief does not approve the arcade permit, he or she shall give the applicant written notice of the reasons for denial. No permit shall be denied without specific written findings relating to concerns for the public health, welfare, and safety relating to the applicant or the proposed location and shall explain how such concerns have not been adequately addressed by the applicant.
4. 
Any application not acted upon within 30 days of the acceptance of the completed application shall be deemed approved.
G. 
Issuance of permit. After approval of a permit by the Chief of Police, the Tax and Permit Inspector shall issue an amusement game arcade permit if all necessary permits and licenses to conduct business have been issued and all necessary fees have been paid.
H. 
Specific location and maximum number of amusement game machines. An arcade permit is only valid for the premises for which it was issued and is limited to the maximum number of amusement game machines set forth in the permit.
I. 
Transfer prohibited. An amusement arcade permit cannot be assigned or transferred without the written approval of the Police Chief, but the Police Chief shall not unreasonably withhold such approval.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. 
Appeal. All decisions of the Police Chief pursuant to this chapter are appealable to the Board of Fire and Police Commissioners. Such appeal shall be in writing and filed with the Commission pursuant to the provisions of Section 1.30.050 of this code.
B. 
Appeal to the city council. All decisions of the Board of Fire and Police Commissioners pursuant to this chapter are appealable to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995; Ord. 5136, 1999)
The Chief of Police is authorized to grant modifications of the requirements of this chapter for a specific arcade if he or she determines that the modification of those requirements would not be detrimental to the public peace, safety, or general welfare as it specifically relates to the applicant or the location of the arcade. Such modifications may contain conditions that are consistent with the above determinations.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
The Board of Fire and Police Commissioners shall have the authority to review any arcade permit to determine if the arcade has complied with all provisions of this chapter and any conditions of its permit. If, after written notice to the Permittee and a hearing thereon, the Board of Fire and Police Commissioners determines that the arcade Permittee has failed to so comply, the Board of Fire and Police Commissioners may suspend or revoke the arcade permit upon making specific findings with respect to the need for the suspension or revocation with regard to public health, and safety and welfare. The amusement game arcade permit holder may appeal such suspension or revocation to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
Any fees for any permits, hearings or other matters related to this chapter may be established by resolution of the City Council.
(Ord. 4205, 1983; Ord. 4791, 1992)
The Chief of Police may adopt rules and regulations for the implementation and interpretation of this chapter and such rules and regulations shall not be effective until approved by resolution of the City Council. Such regulations may include, but are not limited to, administrative procedures or an expedited review of license applications, administrative procedures prescribing when and under what circumstances a criminal background history check will be required of license applicants and may include regulations governing the hours of operation, noise and any required lighting at arcade locations.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)