Gustine Municipal Code Ch. 3 Amusement Arcades and Amusement Game Machines

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amusement arcade means any place or premises containing five or more amusement game machines.

Amusement game machine means a coin-operated machine or device which, whether mechanical, electrical, or electronic, shall be ready for play by the insertion of a coin, token, or similar object and may be operated by the public for use as a game, entertainment, or amusement. The term "amusement game machine" includes devices commonly referred to as "pinball machines" and "video game machines."

(Code 1966, § 5-9.01)

The provisions of this chapter shall not apply to the following:

(1) Vending machines. Any vending machine so designed and so operated as to sell and deliver merchandise only, equivalent in market value to the value of the coins deposited, without the payment or delivery of anything except the merchandise therein kept for sale;

(2) Children's amusement machines. Any coin-operated amusement machine or device especially designed and operated solely for the amusement of children (such as, but not limited to, mechanical animal and vehicle rides);

(3) Pool and billiard tables. Any coin-operated pool or billiard table which requires a coin to release the balls but on which table the game of pool or billiards is played in the traditional manner by the use of cues and balls;

(4) Shuffleboards. Any coin-operated shuffleboard table which requires a coin to operate the scoreboard but on which table the game of shuffleboard is played in the traditional manner without the use of any mechanical or electronic device; and

(5) Jukeboxes. Any machine commonly referred to as a jukebox and so designed and so operated as to play music only when a coin or coins are deposited therein.

(Code 1966, § 5-9.02)

No amusement arcade license shall be issued without the approval of the council. Whenever any person desires such a license, such person shall petition the council for a license therefor, which petition shall state the name of the applicant, the character and location of the proposed business, and any other information, which the council may by resolution, require. On consideration of such petition, the council may authorize the license to be issued in whole or in part or rejected in whole or in part.

(Code 1966, § 3-1.106)

(a) Required. It shall be unlawful for any person, either as principal, agent, servant, or employee, to operate any amusement game machine without having a permit to operate amusement game machines as specified in this section.

(b) Application. Applications for permits to operate amusement game machines shall be in writing, signed by the applicant, giving his name, business address, business or occupation, age, and other such information as may be required by the chief of police. Such applications shall be filed with the city clerk with the filing fee therefor. The city clerk shall refer the application to the chief of police for an investigation and decision. If the chief of police finds from an examination of the application and such further facts as may officially be brought to his attention that the application is in proper form and that the business therein applied for may be carried on without damages to the public peace, health, or safety, the chief of police shall approve the application and issue the permit applied for; but if he finds that the business cannot be carried on without damages to the public peace, health, or safety, he may deny the application.

(c) Fee. The filing fee for a permit to operate amusement game machines shall be as set by resolution for each calendar year, payable in advance.

(Code 1966, § 5-9.03)

A statement of operation shall be provided in addition to the application for a conditional use permit for an amusement arcade business containing the following information:

(1) The name and address of the establishment;

(2) The name and address of the owner, partner, or corporate officers of the establishment;

(3) The number of amusement game machines to be placed at the establishment;

(4) The name and address of the distributor or supplier of the amusement game machines;

(5) A statement setting forth the manner and method of providing adult supervision at the establishment and the name of each adult supervisor;

(6) A statement setting forth the number of off-street parking spaces and storage facilities for automobiles, bicycles, skateboards, and other modes of transportation;

(7) A statement setting forth any arrests or convictions of the owner, partner, or corporate officers of the establishment for crimes involving minors within the past ten years. Arrests or convictions may be the cause for the denial or revocation of an application; and

(8) Such other information as may be required by other city divisions for the determination of the applicant's qualifications.

(Code 1966, § 5-9.04)