Article 5 — Electronic Game Machines

The purpose of this article is to identify the development standards for regulating electronic game machines. (Ord. No. 97-11, § 2, 5-5-97)

It is unlawful and a misdemeanor to establish or operate four or more electronic game machines upon the premises of any business establishment without first obtaining the discretionary approval noted below, in addition to other permits or certificates required by law.

• (a) A minor conditional use permit shall be required when the proposed electronic game machines are incidental to the primary use of a business establishment.

• (b) A conditional use permit shall be required when the proposed electronic game machines are the primary use of the business establishment.

• (Ord. No. 97-11, § 2, 5-5-97)

The following development standards and regulations shall apply to all business establishments containing four or more electronic game machines in the city and shall be conditions imposed upon the granting of any minor conditional use permit or conditional use permit. Additional development standards of the applicable zoning district shall also be applied as appropriate.

• (a) All electronic game machines within the premises shall be visible to and supervised by an adult attendant. The attendant shall be present at all times when any electronic game machine is being operated.

• (b) The supervision of the patrons on the premises shall be adequate to ensure there is no conduct that is detrimental to the public health, safety and general welfare.

• (c) During the school year, minors between the ages of five and 18 years shall not be allowed to operate electronic game machines Monday through Friday, except legal school holidays, between the hours of 8:00 a.m. and 3:00 p.m. unless accompanied by a parent, legal guardian or an authorized agent of the school district. 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 development services and/or police departments.

• (Ord. No. 97-11, § 2, 5-5-97)

Any premises containing four or more electric game machines as defined in this article, in existence and lawfully operating as of December 15, 1981, shall by December 15, 1982 either obtain a conditional use permit or terminate the nonconforming use. (Ord. No. 97-11, § 2, 5-5-97)