Editor's note—Chapter 11, Arcades and Amusement
Machines, added by Ord. No. 600, effective January 26, 1982, was renumbered
to be Chapter 12 by Ord. No. 800, effective August 8, 2008.
For the purposes of this chapter, "amusement machine" shall
mean any device, game, or contrivance, including, but not limited
to, pinball machines, video games, computer games, electronic games,
shuffleboards, slot machines, juke boxes, and mechanical music boxes,
for which a charge or payment is received for the privilege of playing,
using, or operating the same and which, as the result of such use,
operation, or playing, does not entitle the person using, operating,
or playing such device, game, or contrivance to receive the same return
in market value in the form of tangible merchandise each time such
device, game, or contrivance is used, operated, or played.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
For the purposes of this chapter, "arcade" shall mean any business
or establishment which has located on its premises four or more amusement
machines which are kept thereon for the purpose of being played, operated,
or used by the patrons of the arcade for money or money's worth deposited
in the amusement machine played, operated, or used or any premises
wherein not less than 25% of the public floor area is devoted to amusement
machines, whether or not such amusement machines constitute the primary
use or accessory use of the premises.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
(a)
It
shall be unlawful and a misdemeanor to establish an arcade within
the City without first obtaining a conditional use permit.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Any arcade or amusement machine in existence in any zone in
the City as of November 24, 1981, shall, on or before March 27, 1982,
either comply with the provisions of this chapter or be terminated
as a nonconforming use.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
The following development standards and regulations shall apply
to all arcades located in the City and shall be included in the conditions
imposed upon the granting of any conditional use permit for such establishments:
(a)
All
amusement machines within the premises shall be visible to and supervised
by an adult attendant who shall be present at all times when any amusement
machine is being operated.
(b)
The
supervision of the patrons on the premises shall be adequate to insure
that there is no conduct which is detrimental to the public health,
safety, and general welfare.
(c)
During
the school year, persons under the age of 18 shall not be allowed
to operate amusement machines Monday through Friday, except legal
school holidays, between the hours of 8:00 a.m. and 3:00 p.m., unless
accompanied by an authorized agent of the school district or such
person's parent or guardian. It shall be the responsibility of the
adult attendant to enforce this regulation.
(d)
Outside
security lighting shall be provided under the direction and upon the
recommendation of the Police Department.
(e)
Adequate
parking and bicycle racks shall be provided.
(f)
Public
restrooms shall be provided.
(g)
A
minimum of two footcandle illumination generally distributed shall
be maintained in all parts of the premises at all times when the arcade
is open and when the public is permitted to enter or remain therein.
(h)
Provision
shall be made to reduce noise caused by the operation of the amusement
machines and the patrons thereof.
(i)
No
amusement machine shall be situated in such a way that its use will
violate any applicable fire regulation or hinder the reasonable egress
from and ingress to the premises of the public.
(j)
The
initial approval for a conditional use permit shall be for a period
of six months. Prior to the expiration of the conditional use permit,
the applicant may request renewal, subject to reevaluation. The Planning
Commission may extend the conditional use permit for successive one
year periods if all the conditions of approval have been complied
with and no complaints have been received. If complaints have been
received, the Planning Commission shall hold a public hearing to determine
if the standards have been complied with and renewal should be approved.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
All applications for arcade conditional use permits shall be accompanied by a development plan which complies with the provisions of subsection (e) of Section 10-2.1705 of Article 17 of Chapter 2 of Title 10 of this Code, sufficient in detail to indicate how the applicant proposes to comply with the conditions set forth in Section 4-12.05 of this chapter, and indicating thereon the proposed location on the premises of each amusement machine.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
(a)
It shall be unlawful for any arcade to conduct business without, in addition to obtaining all conditional use permits required by this Code and all other permits or certificates required by law, obtaining a license and paying the license fee as required by Chapter 6 of Title 6 of this Code.
(b)
It shall be unlawful for any person to operate or maintain amusement machines on his premises without, in addition to complying with the provisions of this chapter and all other permits and certificates required by law, obtaining a license for each amusement machine and paying the licensee fee as required by Chapter 6 of Title 6 of this Code.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
(a)
Unless
specific approval is first obtained from the Planning Commission,
no arcade shall be maintained or operated within 50 feet from the
border line of the zone in which such arcade is lawfully permitted.
(b)
No
amusement machine shall be maintained, operated, conducted, or used,
nor kept for such purposes, in or on the premises of any establishment
whose primary business is the retail sale of alcoholic beverages within
10 feet of the liquor retail department of any multi-department business
establishment. This subsection shall not prohibit the operation of
amusement machines in bona fide clubs, bars, saloons, taverns, or
restaurants which are licensed to sell alcoholic beverages.
(c)
No
amusement machine shall be maintained, operated, conducted, or used,
nor kept for such purposes, within any place which is closer than
300 feet from any public or private school which conducts classes
for any of the grades from kindergarten through the 12th grade.
(d)
No
amusement machine, except one maintained for private use, shall be
permitted within the City other than in zones designated C-1, C-R,
or M-1.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
All conditional use permits issued pursuant to this chapter and Chapter 2 of Title l 0 of this Code shall be subject to revocation proceedings instituted by the Chief of Police, Planning Commission, or Council for violations of any of the terms or provisions of this chapter or the conditional use permit issued pursuant to this chapter, or if the Chief of Police finds that the arcade permitted thereby may no longer conduct business, or that amusement machines may no longer be installed and used at the premises covered by the conditional use permit without danger to the public peace, health, or safety. Such revocation proceedings shall be in conformance with subsection (d) of Section 10-2.2002 of Article 20 of Chapter 2 of Title 10 of this Code.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Notwithstanding any other provision of this Code, all amusement
machine and arcade licenses or arcade conditional use permits to which
reference is made in this chapter shall be valid only for the place
and operator stated in the license or permit and shall not be transferred
to any other place, person, business, or establishment without the
consent of the Planning Commission first had and obtained.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
It shall be the duty of the Chief of Police to enforce this
chapter.
(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
