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Home My WebLink About26-82 Ordinance l . , . .~ . '. ~ , . ORDINANCE NO. drc - ~L AN ORDINANCE ENACTING LICENSING AND <- REGULATION OF MECHANICAL I AND ELECTRICAL AMUSEMENT DEVICES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, '" members concurring that: SECTION 1: The following be enacted by the Village as the Ordinance regulating and licensing the commercial operation ! of mechanical and electrical games and devices of amusement with- i in the Village: MECHANICAL AMUSEMENT DEVICES AND GAMEROOMS A. Definitions. For purposes of this chapter, unless the contrary is stated herein, the following terms shall be construed as follows: I (1) "Mechanical or Electrically Operated Amusement Device" (also called "devices" herein) means any machine, device or instrument which by the payment . of a fee or other things of value, or by the in- sertion of a coin, plate, disc, slug, key or token operates or may be operated asa game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the re- turn of money, coins, tokens or merchandise or checks redeemable in money or anything of value. Mechanical or electrically operated amusement I devices includes but is not limited to devices such as mechanical baseball, mechanical football, pinball machines, any table game or any device commonly known as electronic games and other similar types of devices provided, however, that this definition is not intended to nor shall it . . i . ' i I I ORDINANCE NO. ~'-92 i AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 2 be construed to include merchandise vending machines or coin operated mechanical or electrical I musical instruments or devices. (2) "Person" means any person, firm, corporation or association which owns or has title to any such f mechanical or electrically operated amusement device; any person, firm,corporation or associa- tion in whose place of business any such device is placed for use by the public; and any person, firm corporation or association having control over any such device; provided that the payment of such fee as hereinafter set forth by any person, firm, corporation or association enumerated herein, shall be in compliance with this Ordinance. S I . (3) "Shopping Center" means any contiguous and continu ous grouping of nonresidential and/or commercial uses of property connected by common walls or I facades having parking which is shared with other I owners or businesses within the complex. B. License Required. No person shall display for public patronage or keep for operation by the public any mechanical or electri- cally operated amusement device without first obtaining a license issued by the Village of Dublin in accordance with the provisions of this Ordinance. A separate license shall be required for each device displayed or I kept at anyone time. C. License Application. (1) Any person desiring to display for public patronage or keep for operation by the public any mechanical or electrically operated amusement device within the corporate limits of the Village I . . , ' \ ' : ORDINANCE NO. de. - P2 AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 3 I shall, prior to such operation, file with the Villa e Manager an application for a license on a form prescribed by the Manager wtiictl application shall amo.llQ oth~ thilJgs :state: (a) The name and residence address, age, social security number, and birthdate of the appli- can t ; (b) The location where the mechanical or electri- cally operated amusement device is to be I displayed or operated and the business conducted therein; (c) A description of the device to be covered by the license, its mechanical features, the I name of the manufacturer and the serial I number of the device; (d) The name of the owner or owners of the premise where the device is to be displayed or oper- ated and their residence address; (e) The name of the owner or owners of the business conducted therein and their residence address and type of business conducted. (f) The name and residence address of the owner of the device if the owner is different from the applicant; (g) Whether or not the applicant , I . _ has been convicte of a gambling offense, a drug abuse offense, or crime of moral turpitude in the seven years preceding the date of application. I . (h) The name and residence address of the individ 1 directly responsible for the day to day opera- tion, servicing, etc., of the said machine. . . . ORDINANCE NO. ~'-f2 AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 4 I (2) The Manager is authorized and empowered to establish, adopt and enforce or cause to be enforced, such rules and regulations governing the issuance and display of the license required under this chapter as he may deem reasonable, and necessary and are not inconsistent with the provisions of this chapter. (3) I Provided, however, that the following additional restrictions shall govern the issuance of licenses hereunder: (a) Each such applicant for a license shall sign such forms as may be deemed necessary by the I consenting to a background investigation for verifying any information requested on the application for such license along with what- ever releases may be necessary to enable the requested information to be obtained. (b) In any "Shopping Center" as heretofore defined, a total of no more than twelve (12) licenses for devi~es shall be permitted re- gardless of the number of applicants who shall obtain such licenses. (c) No more than three (3) licenses shall be give to any person for placing devices on any sing1 I premises. (d) No license shall be issued to any applicant for the placement of any devices in a location outside of a Shopping Center which location is within fifty (50) feet of the location of another such license holder. ORDINANCE NO. ~t- - f 2. . AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES I r PAGE 5 (e) No machines shall be located in vestibules, aisles, doorways, outside areas, or located I within ten (10) feet of entrance or exit door. D. Electrical Inspection. The Manager, or his representatives, prior to the I issuance of a mechanical or electrically operated amusement device license, shall inspect all wiring and connections to the mechanical or electrically operated amusement device to determine if the same complies with all electrical codes. A license shall not be issued until any violation found has been corrected. E. License Fee and Term; Renewal. (1) Upon the filing of an application accompanied by a I $75.00 initial nonrefundable fee on the form prescribed with all requested information properly given to the Manager, approval by the Manager and the Chief of Police, and the payment of a fee of One Hundred Fifty Dollars ($150.00) per device covering the period of one year from the date of such application, the Manager shall issue a mechanical or electrically operated amusement device license. Such a license shall entitle the person therein named to display at or upon the premises therein described one mechanical or electrical amusement device. I (2) A mechanical or electrically operated amusement device license shall not be transferable from person to person or location to location. A new license shall be required whenever a mechanical or electrical amusement device is moved to a different location within the Village or ispur~ or otherwise acquired by a different person. I I ,., . ... ORDINANCE NO. cJ' - f z AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 6 I I F. License Display. It shall be the duty of the person to whom a mechanical or electrically operated amusement device license was issued to display said license on the device for which it was issued for the period covered by said license. G. Periodic Inspection. The Manager or his designees shall periodically inspect any place where a mechanical or electrically operated amusement device is displayed or kept for operation to insure compliance with all provisions of this Ordinance Each person to whom a mechanical or electrically I operated amusement device license was issued shall at all times permit access to the Manager or his designees for the purpose of insuring compliance with the pro- visions of this Ordinance. H. Giving of Prizes, Awards. No'~person shall, by himself, by another person, or otherwise, directly or indirectly, give any prize, award, merchandise, gift or anything of value to any player, or to any operator, of any mechanical or electrically operated amusement device, or to any contestant for a high score on the device. 1. General Provisions. I (1) No person shall permit the consumption of intoxi- 1,1. cants or alcoholic beverages by any person on the premises where any mechanical or electrically operated amusement device is displayed or kept for operation unless said person holds a proper permit from the Ohio State Liquor Control Board and fully complies with all liquor regulations in connection herewith; nor shall any person permit a drug offense. . . . " . . .;1' -82- ORDINANCE NO. AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 8 I dice, craps, or roulette, or which contains an automatic device by the operation of which the player or operator may win at uncertain intervals a free game, a free play, or any other additional amusement or which in any way intends to encoura,ge gambling. (3) Any machine, device, instrument, apparatus or contrivance which is determined to be a gambling device may be seized, destroyed, or demolished in the manner provided by law. K. License Suspension or Revocation. (1) The license of any person violating directly or 1 indirectly, any of the terms of this Ordinance I I: : I or of any rules and regulations established and adopted by the Manager shall be subject to revocation. II (2) Any person whose application for a license is denied or whose license is suspended or revoked may demand a hearing. A demand for a hearing shall be made in writing to the Manager within seven (7) days of the date of denial, revocation or suspension and shall be heard b,. ~iQ a public meeting. (3) The Manager shall notify such applicant or I licensee of such hearing by registered mail directed to the last address of such applicant or licensee on file. In the event that such license is denied, suspended or revoked, the Manager shall notify such applicant or licensee in the same manner as provided for notification of hearings. . ORDINANCE NO. ~~, - i 2- AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 7 III (2) All places where such games are in use, shall during hours of operation, provide continuous and immediate adult (over the age of twenty-one I years) management. I (3) All places where such games are in use shall provide necessary security personnel as required by the Manager to police the interior and , I I exterior of the premises. (4) Outdoor loud-speakers shall not be permitted at any premises where any mechanical pr electrically ~ operated amusement device is displayed or kept fo operation. I (5) It shall be the obligation of any person to whom a mechanical or electrically operated amusement device license was issued to maintain peace and quiet in and about the premises and failure to do so shall constitute a nuisance and shall be grounds for revocation or suspension of any license issued hereunder. J. Gambling Prohibited. (1) Any person to whom a mechanical or electrically , operated amusement device license was issued ". shall prominently display a sign indicating that gambling is prohibited. Said sign shall also indicate that it shall be considered to be a I gambling offense if a player or any operator agre s to pay for the game of another upon a loss of a game. (2) No mechanical or electrically operated amusement device shall be permitted that has as its object the skill of winning at the playing of cards, " " . ORDINANCE NO. ~'-!-z.. AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 9 !~I L. Operation by Minors. (1) No person shall permit any mechanical or electrically operated amusement device to be operated or played before 2:00 P.M. on school days, when school is in session, by any minor under the age of eighteen years unless said minor is accompanied by and in direct personal charge of a parent or legal guardian. It shall be the duty of the person in whose place of business any such device is placed, or who has title to or owns any such device, or who has control over any such device to determine if in fact school is in session for the individual operating, or wishing I to operate, said device. (2) No minor under the age of eighteen years shall be permitted to operate a mechanical or electri- cally operated amusement device or to be within the premises of an establishment at any time that the service or consumption of alcoholic beverages is permitted at the place of business where the mechanical or electrically operated amusement device is displayed unless: (a) Such device is located in a room in which th service and consumption of alcoholic beverag s is prohibited and such room is separated by I floor-to-ceiling walls and doors which are kept closed except when used by an individua for ingress or egress, from all rooms in which the serving' or consumption of alcoholi beverages is permitted; and I . . .. 'II .' ' ,. . . . ORDINANCE NO. ~, -82- AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 10 i I I i (b) Such minor under dOO age of eighteen years is accompanied by and in direct personal II charge of a parent or legal guardian. (3) No person shall permit the operation of a mechanical or electrically operated amusement device by a minor during the hours of curfew applicable to the minor. It shall be the duty of the person in whose place of business any such device is placed, or who has title to or owns any such device, or who has control over any such device, to prominently display the curfew laws of the Village of Dublin and it shall further be the duty of such person to ascertain if his I patrons are violating said curfew laws and if so, to eject them from the place of business. (4) No parent or guardian of a minor under the age of eighteen years shall allow such minor to operate a mechanical or electrically operated amusement device in violation of this section. (5) No person under the age of eighteen years shall knowlingly show or give false information concern ing his name, age or other identification for the purpose of playing or operating a mechanical or I electrically operated amusement device, in I violation of any provision of this Ordinance. I (6) No person shall knowingly furnish any false infor mation as to the name, age or other identificatio of another person under the age of eighteen years for the purpose of such other person operating or playing a mechanical or electrically operated amusement device, in violation of any provision of this Ordinance. I . '. , " . '\ '. 1. " ... . .... ., ORDINANCE' NO. ~"-iz.. AN ORDINANCE ENACTING LICENSING AND REGULATION OF MECHANICAL AND ELECTRICAL AMUSEMENT DEVICES PAGE 11 t M. The provisions of this Ordinance shall not apply to mechanical or electrically operated amusement devices maintained in a private residence provided that such devices are maintained for the personal use of the residents and their guests and such devices are not maintained or operated in a way which intends to en- courage gambling. N. Penalty. Whoever violates any provision of this Ordinance sha1 be fined not more than Five Hundred Dollars ($500.00) and/or imprisoned for not more than ten (10) days for I each offense. Each day during which the violation I I cpntinues shall constitute a separate offense for eac1 machine or device involved in the offense. I I O. Enforcement of Ordinance as to Existing Machines - : Grace Period. I The provisions of this Ordinance shall apply to all mechanical and/or electrical games located within the I Village now or hereafter, except those specifically excluded, provided however, that existing owners, operators, etc., of those devices included within ~'17.lJ this Ordinance shall obtain all necessary licenses / "" /~><- within sixty ~O) days from the effective date here~f -~~--------- and shall at such time be otherwise in full complianc I herewith. SECTION 2. This Ordinance shall take effect from and after the earliest period permitted by law. Passed this /7- day of , 1982. ATTEST: JNt;olcI~ I . .... ~ . , . . .. . TO: John Strotner, Assistant Manager FlU1: Mic..l]ae1 T, Gunner, Assistant Law Director SUBJEGr : Types of Devices and Ganes included within definition of Electronic , Games D!\TE : September 10, 1982, I Ii In response to your inquiry in our opinion, the fo11~ applies: ! 1. Jukeboxes am similar devices are excluded. 2, Arr:1 tab1e'tmch is rented for extended play and is not operated by the insertion of a coin is excluded. 3. Pool tables and foosball machines and the like Which are ''pay per play" machines involving a cOin operation are included, 4. ''Kiddie Rides" such as merry-go-rounds, horse rides, etc, , and I vendi.r.g machines are excluded. I I I Hopefully, this answers your inquiries. I I \ ~~ I . I - . , . - . . -- w . lICENSE FOR CDHMERCIAl OPERATION or A MECHANICAL OR ELECTRICAllY OPERATED AMUSEMENT DEVICE (Ordinance No. 26-82) IIi A. APPLICANT Itf'ORHATlON Name : Residence Address: Age: Bi rthdate: Social Security: - B. DESCRIPTION or TIE AMUSEMENT DEVISE Mechanical Features: Name of Manufacturer: Serial t-l.mDer of Anusement Device: C. LOCATION/SU5INESS Location of aforesaid device: Business conducted at this location: I Name(s) of the owner(s) of the premises: Residence Address of the(se) Owner(s): o. OWN::R or AfORESAID DEVICE - If the Owner of the Anusement Device is different from the Applicant, then: Name(s) of the Owner(s) of the business: Residence Address of the(se) Owner(s): E. OAll Y OPERA TlON or THE AFORESAID DEVICE Name of person responsible for daily operation, servicing, etc. of the Amusement device: . ... . . . . .- , -2- , Residence Address of this person: F. BACKGROUN> INVESTIGATION I state that I have not been convicted of a gambling offena., drug offense I or crime of moral turpitude in the seven (7) years preceding the date of this application. I, hereby, give my permission for authorized agents of the Village of Dublin, rIlio Police Department to conEIuet an irweatigation of my background for the purpose of verifying any information requested on this application. I give my permission for any business, person, or institution contacted in the course of such investigation to release any and all infortNttion pro- perly requested and release such business, person, or institution from all liability for providing correct infor_tion. APPLICANT SIGNATURE: DA TE : o Filing Fee" ($75.00".- ~n-refUAdable) Paid .. EA &11 I1A ~ HIlle' a 1i~,.,rFEF (/>0.011 '4:4 - - -- - - - - - - - - - - - - - - - - - - - - - _._- - - - - -- - - --- o Background Clearance By: Chief of Police a o Electrical Inspection By: license Isaued for period: to . By: Village Mm\ager $ Date [] ONE Ti',.,6 ~f,IIc...h~..... F~e < 7$;"0> o Annusl Fee Paid ($150.00) ref'- f'h 4 ~~, ~ C& . *NOTE: PER EACH MACHI ~/OEVICE SUBJECT TO RENEWAL ANNJAtl Y . I