Chapter 5.14 — AMUSEMENT CENTER

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 center means any place of business or establishment containing five or more amusement machines.

Amusement machine means any mechanical or electrical device which provides amusement, or entertainment, which may be operated or set in motion upon the insertion of a coin or token. This includes pinball machines, video games, shuffleboard machines, coin-operated pool table, or any other similar machine or device. The term "amusement machine" does not include jukeboxes, telephone devices or machines that sell merchandise or those amusement machines designed exclusively for the use by children under the age of ten years, such as coin-operated riding machines and other related devices.

Operator means proprietor, lessee, manager or employee of any amusement center or business that has amusement machines.

Premises means a building, or a part of a building where amusement machines are located, under the ownership or control of the operator.

(Code 1972, § 5.14.010; Ord. No. 560, § 1(part), 1982)

(a)

No amusement center shall be established, maintained or conducted by any person, firm or corporation without first obtaining a conditional use permit to operate such place from the city council and no operator, as defined herein, shall allow or permit the use of five or more amusement machines unless an amusement center permit for such use shall have been approved by the city council.

(b)

Conditional use permits for amusement centers may only be issued within the following land use zones: C- l, C-2, M-1 or M-2.

(Code 1972, § 5.14.020; Ord. No. 560, § 1(part), 1982)

(a)

Every person, firm or corporation desiring to obtain a permit for an amusement center as required by this chapter shall file a written application according to the procedures outlined in chapter 19.61.

(b)

In addition to the requirements of chapter 19.61, the application shall include a statement of the applicant's name, post office address and residence, date of birth, state driver's license number and whether or not the applicant has ever been convicted of any crime.

(c)

The application shall also include the number of machines to be permitted as well as a diagram with dimensions of the premises in which the business will be conducted, showing the location of each amusement machine on the premises, and each exit from the premises.

(Code 1972, § 5.14.030; Ord. No. 560, § 1(part), 1982)

(a)

Each operator shall, at all times, open each and every portion of the premises covered by the conditional use permit for inspection by the police department and other city departments for the purpose of enforcing any provisions of this chapter.

(b)

Each operator shall, at all times, display the permit granted hereunder in a conspicuous place near the entrance to the establishment.

(c)

Each operator shall have present on the premises, or on such portion of the premises where the amusement center is located, as the case may be, at least one adult operator at all times that the premises are open to the public who has not been convicted of any crime involving moral turpitude and who has been so certified by the city police department.

(d)

In addition to the off-street parking requirements of Title 19 ("Zoning"), bicycle racks must be provided in a location that will not interfere with ingress and egress to the premises and surrounding properties.

(e)

The operator shall, at all times, control the sound so as not to cause disturbance or nuisance to others in the vicinity of the machines or place of business. Machines must be placed so that the part of the machine which emits the sound shall not be within five feet of the front entrance of the premises, nor may music machines be placed so that the sound is disturbing to the public in the street or to other persons occupying the buildings in the immediate vicinity.

(f)

Separate restrooms for men and women must be provided within the building occupied by the amusement center.

(g)

All fire occupancy requirements and conditions of the fire chief must be met and adhered to by the operator.

(h)

Trash receptacles must be maintained on the premises.

(i)

It is the responsibility of the operator to not allow minors of school age to use the amusement center during school hours when school is in session and to observe the city curfew for minors.

(j)

The conditional use permit for amusement centers shall be issued for one year at a time and may be renewed from year to year if satisfactory compliance with the conditions of the permit is maintained.

(k)

Modifications of these conditions or the imposition of additional conditions where necessary is at the discretion of the city council.

(l)

Businesses currently having amusement machines subject to this chapter shall have one year from the adoption of the ordinance codified in this chapter to comply with the requirements.

(Code 1972, § 5.14.040; Ord. No. 561, § 1(part), 1982)

A violation of this title is an infraction and punishable as provided in section 1.16.010.

(Code 1972, § 5.14.050; Ord. No. 608, §§ 1(part), 2(part), 1984)