§ 18-2.4. Restrictions, regulations, controls, and limitations.

(a)

All building and fire code standards must be met. Inspection by building officials and the issuance of a certificate of occupancy shall be obtained before a license for an amusement redemption machine establishment is issued.

(b)

Amusement redemption machine establishments shall only be considered in existing highway commercial (B-4), light manufacturing (M-1), heavy manufacturing (M-2), or mixed use development (MXD) districts.

(c)

Distancing restrictions:

(1)

No amusement redemption machine establishments shall be situated within three hundred (300) feet of any church, school, residential district or use, hospital or any other amusement redemption machine establishment. The distance shall be measured along the property lines of the street fronts and from front door to front door, or to zoning district, park, school, or hospital, as applicable, and direct lines across intersections.

(2)

Only one (1) amusement redemption machine establishment shall be allowed on any lot or in any single building, structure or tenant space within a strip center.

(3)

Amusement redemption machine establishments are exempt from the distancing restrictions of this subsection upon proof that the applicant continuously owned and operated the amusement redemption machine establishment at the same location and under the same name prior to the publication of this section. If the amusement redemption machine establishment changes its name, its owner, and/or adds another owner after this date, or if the permit is allowed to lapse, then the amusement redemption machine establishment will be considered a new amusement redemption machine establishment and not exempt from the distancing requirements.

(d)

All amusement redemption machine establishments shall have all doors providing ingress and egress from the establishment unlocked during hours of operation.

(e)

The hours of operation for amusement redemption machine establishments shall be limited to the following hours:

(1)

Monday through Thursday, open at 8:00 a.m. and close at 11:00 p.m.; and

(2)

Friday through Sunday, open at 8:00 a.m. and close at 12:00 a.m.

(f)

The owner, operator, or manager of the licensed premises must be present to supervise the operation of the amusement redemption machine establishment. The amusement redemption machine establishment shall not be left unattended.

(g)

Amusement redemption machines must be situated within the licensed premises as to be in full and open view through all windows and public access doors, which entails being visible to all customers of the establishment. Windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise.

(h)

Amusement redemption machine establishment memberships.

(1)

Amusement redemption machine establishment memberships are prohibited for any purpose.

(2)

An amusement redemption machine establishment shall not restrict entry to an establishment and/or prohibit the participation in any activity inside an establishment by a patron through the requirement of an amusement redemption machine establishment membership.

(3)

Amusement redemption machine establishments shall not issue membership cards to any individual for any purpose.

(4)

Amusement redemption machine establishments shall not have, make use of, employ, and/or require check-in procedures of any kind prior to entering or before exiting a game room.

(i)

No person under the age of eighteen (18) years shall be permitted inside the building, structure, facility or space housing the amusement redemption machine establishment.

(j)

A sign stating that no one under the age of eighteen (18) is allowed inside the amusement redemption machine establishment building shall be posted in plain sight immediately inside the entrance stating that: "No person under the age of eighteen (18) years shall be permitted inside the building, structure, facility or space housing the amusement redemption machine establishment."

(k)

An amusement redemption machine establishment operator must be a person who is at least eighteen (18) years of age.

(l)

A sign stating shall be posted in plain sight immediately inside the entrance stating that: "If you or anyone you know has a gambling problem, call 1-800-522-4700. Si usted o alguien que usted conoce tiene un problema de adicción al juego, llame al 1-800-522-4700"

(m)

Nothing contained herein shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table, or gaming machine, the keeping, exhibition, operation, display or maintenance of which is illegal or in violation of any ordinance of the city, any section of the penal code of this state, or the constitution of this state.

(Ord. No. 2018-O-072 , § 1, 5-21-18)