Richmond Municipal Code Ch. 11.56 Mechanical or Electronic Amusement Devices

As used in this chapter, the following words shall have the following respective meanings:

(a) "Arcade" means any business or establishment containing four (4) or more mechanical or electronic amusement devices.

(b) "Chief of police" means the chief of the police department of the city of Richmond or the chief's authorized representative.

(c) "Mechanical or Electronic Amusement Device" means any machine, device or game which, upon the insertion of a coin, slug, token, plate or disc, permits a person to use the device as a game or contest of skill or amusement, whether or not registering a score, which may cause a person 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 such devices as electronic or mechanical game machines, pinball machines, skill ball, bowling machines, or any other mechanical or electronic games or operations similar thereto under whatever name they may be indicated. This definition does not include coin-operated pool tables, nor does it include coin-operated phonographs or merchandise vending machines.

(d) "Person" means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.

No person shall establish, maintain, or operate a mechanical or electronic amusement device arcade without first obtaining a license to operate an arcade pursuant to Section 7.04.060 of this Municipal Code.

No person shall establish, maintain, or operate a mechanical or electronic amusement device arcade without first obtaining a conditional use permit for the operation of an Amusement Enterprise pursuant to Section 15.04.190 of this Municipal Code. This requirement shall not apply to mechanical or electronic amusement device arcades in operation upon the effective date of this chapter.

(a) Each person who owns or operates a business containing any mechanical or electronic amusement devices which are intended to be used by the business' patrons shall annually obtain a permit from the chief of police and pay the fee hereinafter required for such permit.

(b) The term of each permit shall commence on January 1 and end on December 31 of the same calendar year.

(c) The fee for the permit for each device operated within the business shall be paid in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained. The full fee shall be paid annually and shall be due on the first day of January.

(d) In cases where a portion of the permit term has elapsed prior to the filing of an application for a permit, the amount of the fee payable shall be apportioned as follows:

(1) If the permit is obtained in the first quarter, the entire permit fee shall be paid;

(2) If the permit is obtained in the second quarter, three-fourths of the permit fee shall be paid;

(3) If the permit is obtained in the third quarter, one-half of the permit fee shall be paid;

(4) If the permit is obtained in the fourth quarter, one-fourth of the permit fee shall be paid.

(e) No business shall contain any mechanical or electronic amusement device within the city unless the business owner or operator thereof has obtained a permit pursuant to this section. A permit obtained pursuant to this section shall be valid only for the number of devices specified therein. The installation and operation of additional devices shall require a new permit.

(f) The permit obtained pursuant to this section shall be permanently and conspicuously posted at the location of the games in the business premises and shall not be removed from said location for the duration of the permit's term.

(g) The permit obtained pursuant to this section shall not be transferable nor shall it be applicable to any business premises other than the one location specified therein, except upon the written authorization of the chief of police.

(Amended by Ordinance No. 14-03 N.S.)

No person who owns or operates a business containing any mechanical or electronic amusement devices shall allow any minor who is under 18 years of age and is not in the company of his or her parent or legal guardian to play or use said amusement devices between the hours of (a) eight a.m. and three p.m. on any day in which school is in session as determined by the academic year or school calendar established by the Richmond Unified School District; (b) ten p.m. on Sunday through Thursday nights and six a.m. of the following days; or (c) eleven p.m. on Friday and Saturday nights and six a.m. of the following days.

The restrictions of subsection (a) above are not applicable during the days in which school is in summer session as determined by the academic year or school calendar established by the Richmond Unified School District.

Any person who knowingly and intentionally violates any part of this chapter shall be guilty of a misdemeanor.

In addition to, or in lieu of, the criminal penalties imposed by Section 11.56.060, the chief of police may suspend or revoke the permit issued pursuant to Section 11.56.040 if the permittee violates any of the provisions of this Chapter. Prior to taking any action, the chief of police shall give the permittee at least ten days' written notice of the impending suspension or revocation and the reasons therefor. Within said ten day period, the permittee may request a hearing before the city manager. Such request must be in writing and should set forth the reasons why the permit should not be suspended or revoked. The city manager or his designee shall conduct a hearing on the proposed suspension or revocation. Pending the outcome of the hearing, the permit shall remain in effect, unless the public safety and welfare require the immediate suspension or revocation of the permit. The decision of the city manager or his designee shall be final and conclusive.

(Source: Ordinance No. 17-82 N.S.)