26-82 Ordinance
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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-
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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
.
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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.
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. (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
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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
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: 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
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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.
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(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.
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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.
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AN ORDINANCE ENACTING LICENSING AND
REGULATION OF MECHANICAL AND ELECTRICAL
AMUSEMENT DEVICES
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(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.
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ORDINANCE NO. cJ' - f z
AN ORDINANCE ENACTING LICENSING AND
REGULATION OF MECHANICAL AND ELECTRICAL
AMUSEMENT DEVICES
PAGE 6
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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.
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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
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: 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
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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
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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
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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,
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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
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. ORDINANCE NO. ~, -82-
AN ORDINANCE ENACTING LICENSING AND
REGULATION OF MECHANICAL AND ELECTRICAL
AMUSEMENT DEVICES
PAGE 10
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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
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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.
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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
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O. Enforcement of Ordinance as to Existing Machines - :
Grace Period.
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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
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/~><- within sixty ~O) days from the effective date here~f
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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~
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. 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,
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Ii In response to your inquiry in our opinion, the fo11~ applies:
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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.
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Hopefully, this answers your inquiries. I
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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:
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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:
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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
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o Background Clearance
By: Chief of Police
a o Electrical Inspection
By:
license Isaued for period: to
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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 .
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