§ 18-2.1. Amusement redemption machine defined.

(a)

Definitions.

(1)

Amusement redemption machine means any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. An amusement redemption machine also includes a machine that is designed, made, and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items that have a wholesale value available from a single play of the game or device of not more than ten (10) times the amount charged to play the game or device once, or five dollars ($5.00), whichever is less.

(2)

Amusement redemption machine establishment or establishment means a building, facility, or other place where one (1) or more amusement redemption machines are present.

(3)

Amusement redemption machine establishment owner or owner means a person who:

a.

Has an ownership interest in, or receives the profits from, an amusement redemption machine establishment or an amusement redemption machine located in an establishment;

b.

Is a partner, director, or officer of a business, company, or corporation that has an ownership interest in an amusement redemption machine establishment or in an amusement redemption machine in an establishment;

c.

Is a shareholder that holds more than ten (10) percent of the outstanding shares of a business, company, or corporation that has an ownership interest in an amusement redemption machine establishment or in an amusement redemption machine in an establishment;

d.

Has been issued by the county clerk an assumed name certificate for a business that owns an amusement redemption machine establishment or an amusement redemption machine located in an establishment;

e.

Signs a lease for an amusement redemption machine establishment;

f.

Receives a certificate of occupancy or certificate of compliance for an amusement redemption machine establishment;

g.

Pays for advertisement of an amusement redemption machine establishment; or

h.

Signs an alarm permit for an amusement redemption machine establishment.

(4)

City official means a police officer, code enforcement officer, fire marshal or building official of the city.

(5)

Licensee means any person, individual, firm, company, association, or corporation operating an amusement redemption machine establishment in the city.

(6)

Manager, operator or owner means an individual who supervises, manages, or participates in the performance of activities that contribute to the functioning of an amusement redemption machine establishment, including but not limited to, operating cash register/drawer, credit card transaction or some other depository on the premises of an amusement redemption machine establishment; displays, delivers or provides to a customer of an amusement redemption machine establishment merchandise, goods, entertainment or other services; takes orders from a customer of an amusement redemption machine establishment for merchandise, goods, entertainment or other services; or acts as a door attendant to regulate the entry of customers.

(7)

Representation of value. A representation of value includes a gift certificate or gift card that is presented to a merchant in exchange for merchandise.

(b)

Excluded machines. An amusement redemption machine does not include:

(1)

A machine that awards the user noncash merchandise prizes, toys, or novelties, solely and directly from the machine, including claw, crane or similar machines; or a representation of value redeemable for those items; nor

(2)

A machine from which the opportunity to receive noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user's ability to throw, roll, flip, toss, hit, or drop a ball or other physical object into the machine or a part thereof, including basketball, skeeball, golf, bowling, pusher, or similar machines.

(Ord. No. 2003-O-030, § 1, 2-3-03; Ord. No. 2008-O-181, § 1, 9-2-08; Ord. No. 2018-O-072 , § 1, 5-21-18)