Chapter 5.08 — AMUSEMENT DEVICES AND ESTABLISHMENTS

For the purpose of this chapter, the following words are defined:

(a)

Amusement device includes any machine, device or apparatus, allowed or made possible by the deposit or placing of any coin, plate, disk, slug or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest or amusement of any description, or which may be used for such game, contest or amusement, and the use or possession of which is not prohibited by any law of the State.

(b)

Amusement establishment means any commercially operated establishment having five or more amusement devices.

(a)

The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04. In addition to the reasons for denial listed in the uniform licensing procedure, the Issuing Officer may deny an application or suspend or revoke a license for the following reasons:

(1)

If the applicant is not a fit or proper person to conduct an amusement establishment;

(2)

If the premises is not a suitable or proper place therefore;

(3)

If the health, welfare or public morals of the community warrant such denial.

(b)

The Issuing Officer may issue the license upon such conditions as he determines would eliminate the situations which would otherwise result in denial of such license.

It is unlawful for the proprietor, manager, or employee of any amusement establishment which is not a bona-fide eating place as defined in Section 23038 of the Business and Professionals Code as follows: "Bona Fide Eating Place" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking and assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulation of the local Department of Health to permit the consumption of any alcoholic beverage within the

premises. Amusement establishments that are also a bona-fide restaurant shall prohibit the consumption of alcoholic beverages within the area of the establishment in which amusement devices are operated. Said amusement device area shall be delineated by at least three walls of not less than 42 inches in height. Appropriate signage shall be posted within the amusement establishment stating that is unlawful to operate amusement devices while consuming alcoholic beverages.

(Ord. No. 93-956, 8-31-93)

It is unlawful for any person who is intoxicated or under the influence of any drug to be in any establishment licensed pursuant to this chapter. A person who conducts or assists in conducting any such establishment shall not permit any intoxicated persons or persons under the influence of any drug to be or remain at such place.

It is unlawful for the proprietor, manager or employer of any amusement establishment to permit any gambling of any kind, or permit any betting or wagering with money or anything of value upon the result of any game.

The proprietor, manager or employee of any licensed amusement establishment shall insure that the operation of amusement devices is orderly and quiet and shall not permit any boisterous, offensive, indecent, vulgar, abusive or obscene language within the premises.

The license fee shall be $138.00 plus $60.00 per amusement device per year. The renewal fee shall be $103.00 plus $60.00 per amusement device per year.