Chapter 5.24
AMUSEMENT CENTERS
Sections:
5.24.030 License – Conditions.
5.24.050 License – Application.
5.24.070 Inspection of premises.
5.24.110 Operator and licensee requirements.
5.24.120 Visibility and access requirements.
5.24.130 Compliance with federal and state laws.
5.24.160 License – Revocation.
5.24.010 Definitions.
The following terms, for the purpose of this chapter, shall have the following meanings:
A. “Mechanical or electronic amusement devices” means any machine, device or game which, upon the insertion of a coin, slug, token, plate or disc, permits a person or operator of the same to use the device as a game, contest of skill or amusement, whether or not registering a score, which may cause a person or operator of the same to secure some amusement, enjoyment or entertainment, and which is not a gambling device or a device which tends to encourage gambling. It shall include, but not be limited to, pinball machines, skill ball, bowling machines, or any other mechanical or electronic games or operations similar thereto under whatever name they may be indicated.
B. “Operator” means any owner or lessee of such mechanical or electronic games who installs or maintains the same in any place of business which is not his own or under his direct control where the same can be played or operated by persons in the same place.
C. “Proprietor” means the person in whose place of business any such mechanical or electronic amusement device is placed for the use, amusement, patronage or recreating of the public or of persons in or about such place.
D. “Person” means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.
E. “School” means any educational institution, public, private, secular, or parochial which offers instruction of high school grade or below.
F. “Street” means any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress.
G. “Amusement center” means any establishment operated for profit which houses mechanical or electronic amusement devices. (Ord. 1874, 2019; Ord. 1337 § 2, 1997; Ord. 1124 § 1, 1988).
5.24.020 License – Required.
It is unlawful for any person to maintain or display, for public patronage, or otherwise keep for operation by the public, any mechanical or electronic amusement device without first obtaining a license issued under the terms and conditions of this chapter. The license shall be issued to a specific person, firm or corporation for a specific location. (Ord. 1874, 2019; Ord. 1337 § 3, 1997; Ord. 1124 § 2, 1988).
5.24.030 License – Conditions.
A license issued under this chapter:
A. Is an annual license which expires December 31st of each year unless it is suspended or revoked earlier;
B. Is effective for a single place of business only;
C. Vests no property right in the licensee except to maintain or display for public patronage, and license the use of skill or pleasure devices in accordance with the terms and conditions of this chapter;
D. Is not assignable or transferable;
E. Is to be displayed on the business premises and such display shall be permanent and conspicuous; and
F. Is in addition to the general business license that may be required under chapter 5.04 BMC. (Ord. 1874, 2019; Ord. 1337 § 4, 1997; Ord. 1124 § 3, 1988).
5.24.040 License – Maximum number allowed.
Repealed by Ord. 1337. (Ord. 1124 § 4, 1988).
5.24.050 License – Application.
The application for a license shall be made to the clerk/finance director on such forms as the clerk/finance director may require. (Ord. 1874, 2019; Ord. 1337 § 6, 1997; Ord. 1124 § 5, 1988).
5.24.060 License – Fees.
A. At the time of filing the application for a license, the applicant shall pay a fee in an amount to be determined by resolution of the city council for each mechanical or electronic amusement device employed.
B. Any device employed after the date of the initial application which has not paid the fee shall be reported immediately by the proprietor to the clerk/finance director and the fee paid. The nonpayment of fees shall cause the license to be revoked.
C. The license fee shall not be prorated nor shall it be refundable. (Ord. 1874, 2019; Ord. 1688 § 7, 2009; Ord. 1337 § 7, 1997; Ord. 1124 § 6, 1988).
5.24.070 Inspection of premises.
Before any license shall be issued, an investigation of the applicant and an inspection of the premises shall be made by the proper departments of the city and such other agencies as the city may deem necessary to determine whether the applicant and the premises fully comply with applicable ordinances, codes and regulations. Before a license is approved, the city planning/building departments shall determine whether the applicant is providing sufficient off-street parking and sufficient aids and regulations whereby vehicular traffic shall not constitute a nuisance or danger. The standard for such determination, minimum off-street parking facilities, shall be the same as required by the zoning ordinance of the city, with additional facilities for general peak load parking requirements of the business being operated. The building official shall determine whether the premises and the location of the devices permit safe ingress and egress. (Ord. 1874, 2019; Ord. 1337 § 8, 1997; Ord. 1124 § 7, 1988).
5.24.080 Parking facilities.
Repealed by Ord. 1337. (Ord. 1124 § 8, 1988).
5.24.090 Bicycle storage racks.
Repealed by Ord. 1337. (Ord. 1124 § 9, 1988).
5.24.100 Location restrictions.
Repealed by Ord. 1337. (Ord. 1124 § 10, 1988).
5.24.110 Operator and licensee requirements.
Each operator or licensee shall:
A. At all times, open each and every portion of the licensed premises for inspection by the police department and/or any other city department for the purpose of enforcing any provision of this chapter.
B. At all times, display the license granted hereunder in a conspicuous place at the licensed establishment.
C. Have present on the premises a responsible employee or owner on duty for the purpose of supervising activities at all times that the premises are open to the public. Said employee shall not have been convicted of a crime involving alcoholic beverages, controlled substances or moral turpitude within the last three years. (Ord. 1874, 2019; Ord. 1337 § 12, 1997; Ord. 1124 § 11, 1988).
5.24.120 Visibility and access requirements.
All mechanical and electronic amusement devices must be visible and the entrance must be unlocked during all times that the premises are open for business. (Ord. 1874, 2019; Ord. 1337 § 13, 1997; Ord. 1124 § 12, 1988).
5.24.130 Compliance with federal and state laws.
Neither this chapter nor any provision herein contained shall include or apply to any act which is made a public offense by the Revised Code of Washington, or by any other law of the state of Washington or of the United States Government; nor shall this chapter or any provision herein contained authorize or permit or be construed as authorizing or permitting the keeping, maintaining, using or operating in the city of any contrivance or device otherwise prohibited by law. (Ord. 1874, 2019; Ord. 1124 § 13, 1988).
5.24.140 Conduct on premises.
No amusement center operator or licensee, directly or indirectly, or by any servant, agent or employee shall:
A. Permit any indecent, immoral or profane language, or indecent, immoral or disorderly conduct;
B. Permit the licensed premises to become a resort for disorderly persons of any type;
C. Permit intoxicated persons to loiter on the premises;
D. Permit the possession or use of any alcoholic beverage on the premises unless licensed to dispense alcoholic beverages;
E. Permit the possession or use of any unlawful drug or narcotic, including marijuana, on the premises. (Ord. 1874, 2019; Ord. 1337 § 14, 1997; Ord. 1124 § 14, 1988).
5.24.150 License – Denial.
No license shall be issued:
A. Where the individual operator, managing agent of a corporation or active partner or employee has been convicted of a felony involving a controlled substance, alcohol, minors or moral turpitude;
B. For any premises, unless all terms and conditions of this chapter and all other applicable codes and ordinances are complied with;
C. For any premises that have living quarters with direct entry to the premises;
D. Whenever it is determined that the denial of such license is necessary for the protection, conservation of the character and social and economic stability of the surrounding area. (Ord. 1874, 2019; Ord. 1124 § 15, 1988).
5.24.160 License – Revocation.
The city council shall have the right to revoke any license or deny the annual renewal thereof when it appears to its satisfaction that any operator or licensee has violated this chapter, any other ordinance of the city of Burlington, or statute of the state of Washington, or of the United States, involving controlled substances, alcohol, minors, or any offense involving moral turpitude. The revocation of any license or the denial of a renewal thereof shall not be made without a hearing. The licensee shall be given 30 days’ written notice of the city’s intent to revoke. If during said 30-day period, the licensee addresses the violations to the city’s satisfaction, the city shall not revoke the license. The licensee shall be given prior written notice of the hearing which shall set forth the time and place of the hearing and the reasons for such revocation or denial of renewal of said license. (Ord. 1874, 2019; Ord. 1337 § 16, 1997; Ord. 1124 § 16, 1988).
5.24.170 Violation – Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. Each day of continued violation shall constitute a separate additional violation. (Ord. 1874, 2019; Ord. 1124 § 17, 1988).