Definitions

The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Nothing in this section may be construed contrary to state law.

Amusement game or machine means any machine, game, contrivance, or device that provides for the bona fide entertainment or amusement of the public and that, as a result of the payment of a fee, money, compensation, or exchange of anything of value or insertion of a coin, slug, token, credit card, or paper currency, the machine, game, contrivance, or device is set in motion, permitted to function or operate and that by application of skill, may entitle the person playing or operating the machine to receive points or coupons that may be exchanged for merchandise only, (limited to noncash prizes, toys, or novelties, excluding cash, alcoholic beverages, beer, or wine), provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed $0.75 on any game played.

The definition of amusement game or machine shall not be interpreted to include:

(1)

Any game, machine, contrivance or device whose content, theme, design, or graphics depict, exhibit, illustrate, describe, or relate to sexual conduct or specified anatomical areas;

(2)

Pool or billiard tables, vending machines, laundry machines, kiddie rides, and automatic music machines;

(3)

Any game, machine, contrivance, or device that may be construed as a gambling device under state law, including any amusement game or machine that includes an element of chance and may allow the user to become entitled to receive any money, credit, allowance, or additional chance to use the game or machine.

Arcade amusement center means a place of business that has at least 50 amusement games or machines on premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility. Examples of such facilities include, but are not limited to, Chuck E. Cheese, Gameworks, or Dave and Busters.

Mini-arcade amusement center means a place of business accessory or incidental to another business (i.e. a restaurant, theater, bowling alley, billiards, etc.) that has ten to 49 amusement games or machines on premises which are operated for the entertainment of the general public and tourists as a bona fide accessory amusement facility.

Operator means any person, firm, corporation, association, owner or agent, who shall own, operate, or otherwise control an amusement game or machine; an arcade amusement center; or a mini-arcade amusement center.

(Ord. No. 13213, § 2, 10-14-10)