Chapter 27.65 — AMUSEMENT ARCADES AND MACHINES

The intent of this chapter is to regulate the location of all forms of amusement machines including but not limited to electronic, electrical, mechanical, games of skill or any combination thereof, such as video games, pin ball, computer games, et cetera.

"Amusement machine" is any device, game or contrivance, including, but not limited to pin ball machines, video games, computer games and electronic games, for which a charge or payment is received for the privilege of playing, using or operating the same and which, as the result of such use, operation or playing does not entitle the person using, operating or playing such device, game or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game or contrivance is used, operated or played.

"Arcade" is defined as any business or establishment which has located on its premises five or more amusement machines which are kept thereon for the purpose of being played, operated or used by the patrons of the arcade on a prepaid basis or for money or tokens deposited in the amusement machine played, operated or used. Arcade is also defined as any premises wherein not less than twenty-five percent of the public floor area is devoted to amusement machines whether or not said amusement machines constitute the primary use or accessory use of the premises.

Arcades may be permitted in any commercial zone including the CBD District.

(a) Unless a special use permit is first obtained from the City planning commission, no arcade shall be maintained or operated within fifty feet from the property line of any residential zone.

(a) Unless specific approval is first obtained from the City planning commission, no arcade shall be maintained or operated within fifty feet from the property line of any residential zone.

(b) No amusement machine accessible for use by minors shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the sale of alcoholic beverages. This subsection shall not prohibit the operation of amusement machines in a bona fide establishment with an on-sale liquor license or restaurants which are licensed to sell alcoholic beverages.

(c) No amusement machine as herein defined shall be maintained, operated, conducted or used, nor kept for such purposes, within any place which is closer than three hundred feet from any public or private school which conducts classes for any of the grades from kindergarten through twelfth grade.