Chapter 4-11
AMUSEMENT MACHINES
Sections:
Article 1. Scope and Purpose
4-11-104 Location and visibility.
Article 2. Procedure and Administration
4-11-201 Permits: Required: Fees.
4-11-203 Permits: Issuance: Appeals.
4-11-204 Permits: Suspension and revocation.
Article 1. Scope and Purpose
4-11-101 Purpose.
The recent proliferation of video amusement machines and their attraction to the youth of the City is hereby found to create a condition in which unregulated amusement machine businesses may create a hazard to the health, safety, and well-being of minors and adversely affect school attendance.
4-11-102 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Amusement machine business" shall mean any business which maintains on the premises Two (2) or more amusement machines available for use and play by the general public or by patrons of such business. Public school districts shall be exempt from the provisions of this chapter.
(b) "Amusement machine" shall mean any mechanical, electrical, electronic, or other machine, apparatus, contrivance, or device which may be operated or played by placing or depositing therein a coin, check, slug, ball, token, card, or other article, or by paying for the use thereof in advance or after use, involving in its operation or play either skill or chance. "Amusement machine" shall not include phonographs, jukeboxes, or other music machines.
(c) "Owner" shall mean any person engaged in business at a fixed place of business in the City, at or in which place of business there are located two (2) or more amusement machines intended or available for use by the public generally or by patrons of such business, whether the business of amusement machines is conducted as a single business or in conjunction with another business or businesses.
(d) "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved, including adjacent sidewalks, parking strips, streets, and alleys.
4-11-103 Alcoholic beverages.
No person shall consume alcoholic beverages on the premises of an amusement machine business during operating hours, unless such business is licensed to serve alcoholic beverages for consumption on the business premises. No person shall consume controlled substances on the premises of an amusement machine business.
4-11-104 Location and visibility.
All the amusement machines available for use and play in or about an amusement machine business shall be plainly visible and accessible to the public and all patrons of the business.
4-11-105 Adult supervision.
At all times during the operation of any amusement machine at the business premises of an amusement machine business a responsible adult attendant (eighteen (18) years of age or older) shall be present to supervise the conduct of all persons present on the premises, maintain proper order and good behavior, prevent loitering, and guard against any conduct which is, or is reasonably likely to be, detrimental to the public health, safety, or welfare.
4-11-106 Hours of operation.
Minors required to be in school and not accompanied by a parent or guardian shall be prohibited from using or operating, either alone or with other persons, an amusement machine at amusement machine business premises between the hours of 8:00 am. and 3:00 pm. on any day during which a public school is in regular session. Minors unaccompanied by a parent or guardian shall be prohibited from using or operating, either alone or with other persons, an amusement machine at amusement machine business premises after curfew as defined in Section 5-4-01 of Chapter 4 of Title 5 of this Code. This limitation shall be prominently displayed in the proximity of the location of the amusement machines and shall be enforced by supervisory personnel on the site.
Article 2. Procedure and Administration
4-11-201 Permits: Required: Fees.
No person shall operate an amusement machine business on or after February 25, 1984, without having first obtained a permit to do so from the Police Chief and paid a fee established by resolution of the Council. An application for a permit shall be made on a form established by the Police Chief.
4-11-202 Criminal records.
No person shall be granted a permit to operate an amusement machine business not principally operated for the consumption of alcohol, nor shall any person operate such a business if such person shall have been convicted of a crime prohibited by Sections 220, 261, 261.5, 266, 267, 285, 286, 288, 288a, 647a, or subsection (a) or (d) of Section 647 of the Penal Code of the State or Sections 11350 through 11355, 11366, 11368, and 11550 of the Health and Safety Code of the State, or any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in the State, would have been punished as one or more of said offenses, or any offense committed under former Sections 11500 through 11503, 11557, 11715, and 11721 of said Health and Safety Code, or any attempt to commit any of said offenses.
4-11-203 Permits: Issuance: Appeals.
Upon the submission of an application for a permit to operate an amusement machine business, the Police Chief or his designee shall review the application to ensure compliance and consistency with this chapter and other applicable laws, rules, and regulations of the City. The Police Chief or his designee shall act to grant or deny the application within fifteen (15) days after its submission. An applicant whose application is denied shall be given written reasons for its denial by the Police Chief or his designee. Any action of the Police Chief taken pursuant to this section may be appealed as provided by Title 1, Chapter 4 of this Code.
(Ord. No. 866-CS, Amended, 02/09/95)
4-11-204 Permits: Suspension and revocation.
If the permitted activity is being exercised in a manner contrary to the terms and conditions of the approval or permit, or in violation of any statute, law, or regulation, the Police Chief may propose to the Council that the permit to operate an amusement machine business be revoked. The Council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing. When necessary, in order to protect the public health, safety, and general welfare, the Police Chief may order the permit suspended until such time as the matter is heard by the Council as provided in this section; provided, however, if the Police Chief suspends such permit, the matter shall be heard by the Council at the next regular Council meeting if such suspension occurs at least five (5) calendar days before such meeting. If such suspension occurs within five (5) days of a regular Council meeting, the matter shall be heard by the Council at the next regular Council meeting following such meeting.
4-11-205 Enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Police Chief. In the enforcement of the provisions of this chapter, such officer and his deputies may enter onto the premises on which an amusement machine business is located.