112-95 Ordinance AMENDED
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.___......"'_-- ~ ~, Passedm_ __nmn _ _m h _ __________m___u _19_ __
AN ORDINANCE TO AMEND SECTIONS 112.15 ET SEQ.,
153.028(b), 153.050 AND 153.114(a)
"... WITH RESPECT TO AMUSEMENT DEVICES
...... WHEREAS, Council finds that regulation of mechanical and electrically operated
amusement devices is necessary to prevent loitering, truancy, gambling, and other illegal
and inappropriate activities.
WHEREAS, Council fmds that regulation of mechanical and electrically operated
amusement devices promotes the health, safety, and welfare of the citizens of Dublin.
N(W, THEREFORE, be it ordained by the Council of the City of Dublin, Ohio,
/ of the members concurring:
Section 1. That Sections 112.15 et seq. of the Codified Ordinances of the City of Dublin,
Ohio be amended to read as follows:
112.15. DEFINITIONS.
For the purpose of this subchapter, the following defmitions shall apply unless the context
clearly indicates or requires a different meaning.
......- MECHANICAL O~ ELECTRICALLY OPERATED AMUSEMRNT DEVICE.
Any machine, device or instrument which by the payment of a fee or other things of value,
or by the insertion of a coin, plate, disc, slug, key or token operates or may be operated
..... as a 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
return of money, coins, or merchandise; except that dispensing of tickets or tokens
redeemable for novelty gifts of nominal value shall be permitted. The term includes but
is not limited to devices such as 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 be construed to include merchandise vending
machines, coin-operated mechanical or electrical musical instruments or devices,
mechanical baseball, mechanical football, virtual golf, or similar devices which are
primarily used for training or practice purposes.
PERSON. Any individual, firm, corporation or association which owns or has title to any
mechanical or electrically operated amusement device; any individual, firm, corporation
association in whose place of business any such device is placed for use by the public; and
any individual, firm, corporation or association having control over any such device.
RECREATION AND AMUSEMRNT FACILITY. Defmed in U53.114(A)(2).
~ ACCFSSORY USE. For the purposes of this Chapter, an Accessory Use shall be defined
as a use supplemental to the main use of a building or tenant area where the area devoted
to such use does not occupy more than 25 percent of the room in which the use is located
...... or 15 percent of the building or tenant area, whichever is less.
112.16. PERMITTED LOCATIONS; LICENSE REQUIRED.
(A) No person shall display for public patronage or keep for operation by the public
more than three mechanical or electrically operated amusement devices for any
single premises. Provided, however, that except as otherwise provided herein,
there shall be no restriction on the number of mechanical or electrically operated
amusement devices which will be operated in one of the following zoning/use
classifications:
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.m.........--- '- -- Passed_ m ..m___ m n m _ n __ _ n m_ _19m - -
(1) as an Accessory Use to a Permitted Use in a Community Commercial
""... District as specified in ~153.028(A)(1)(g) or ~153.028(B)(3)(a) where a
Conditional Use has been granted;
~
...... (2) a facility for which operation of a mechanical or electrically operated
I
amusement device is a permitted use pursuant to ~153.050; or
\ (3) a recreation or amusement facility in the Exceptional Use district as
specified in ~153.114(A).
(B) A single facility license shall be permitted for all mechanical or electrically
operated amusement devices operated in a facility defmed in 112.16(A)(1), (2) or
(3).
112.17 COMMUNITY COMMERCIAL DISTRICT RF.QUlRRMENTS.
(A) More than three electrically operated amusement devices shall be considered as a
conditional use in a Community Commercial District when all of the following
requirements are met:
(1) The location of such devices is within a building occupied by a single user
or tenant which is operated as a Permitted Use as set forth in
~153.028(A)(1)(g) or ~153.028(B)(3)(a).
",...
(2) The portion of the building or tenant space devoted to the use of such
...... devices is an Accessory Use as defined in Section 112.15.
(3) The space occupied by each device, calculated at 25 square feet per
operator station within the space allocated for the Accessory Use, shall not
exceed 10 % of the building or tenant area.
112.18. LICENSE APPLICATION.
(A) Any person desiring to display for public patronage or keep for operation by the
public more than three mechanical or electrically operated amusement devices
within the corporate limits of the municipality shall, prior to such operation, file
with the City Manager an application for a license on a form prescribed by the City
Manager which application shall among other things state:
(1) The name, residence address, age, social security number and birthdate of
the applicant;
(2) The location where the mechanical or electrically operated amusement
devices are to be displayed or operated and the business conducted therein;
..- (3) The name of the owner or owners of the premises where the devices are to
...)lit be displayed or operated and their residence addresses;
(4) The name of the owner or owners of the business conducted therein and
their residence addresses.
(5) Whether or not the applicant has been convicted of a gambling offense, a
drug abuse offense, or crime of moral turpitude in the seven years
preceding the date of application; and
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Fonn No. 30043
Ordinance NO'm'H'''t-~- ,U ~ ~, Passednn . --.---- --------- nm _ nn n___19_ n
(6) The name and residence address of the individual directly responsible for
the day-to-day operation, maintenance and supervision of the machine.
r- (7) Each applicant for a license shall sign such forms as may be deemed neces-
I sary by the City Manager consenting to a background investigation for
...... verifying any information requested on the application for such license
along with whatever releases may be necessary to enable the requested
I information to be obtained.
(B) Each application shall be accompanied by the fees established by Council.
(C) Each application is subject to the approval of the City Manager and the Chief of
Police.
112.19. LICENSE FEE AND TERM; RENEWAL; TRANSFER.
(A) A mechanical or electrically operated amusement device license shall be valid for
a period of one year from the date of issuance of the license.
(B) A mechanical or electrically operated amusement device license may be renewed
for successive one-year periods upon payment of the fees established by Council.
(C) A mechanical or electrically operated amusement device license shall not be
transferable from person to person or facility to facility.
"...
112.20. LICENSE DISPLAY.
.... It shall be the duty of the person to whom a mechanical or electrically operated amusement
device license is issued to display such license on the premises for which it was issued for
the period covered by the license.
112.21. PERIODIC INSPECTION.
The City Manager or the City Manager's 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 chapter. Each person to whom
a mechanical or electrically operated amusement device license is issued shall at all times
permit access to the City Manager or the City Manager's designees for the purpose of
insuring compliance with the provisions of this chapter.
112.22. 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, provided however that tickets or tokens dispensed from a device
redeemable for novelty gifts of nominal value shall be permitted.
",.... 112.23. GENERAL OPERATING REGULATIONS.
(A) No person shall permit the consumption of intoxicants or alcoholic beverages by
....., any person on the premises where any mechanical or electrically operated
amusement device is displayed or kept for operation unless such person holds a
proper permit from the Ohio State Liquor Control Board and fully complies with
all applicable liquor regulations.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.m......,..-- . ---.-- - Passed_ m...m m_ uu. U . u mum .19 __.u
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(B) All places where mechanical or electrically operated amusement devices are in use,
shall, during hours of operation, provide continuous and immediate adult (over the
...... age of 21 years) management supervision.
....... (C) All places where mechanical or electrically operated amusement devices are in use
shall provide necessary security personnel as required by the City Manager to
police the interior and exterior of the premises.
\ (D) Outdoor loud-speakers shall not be permitted at any premises where any
mechanical or electrically operated amusement device is displayed or kept for
operation.
(E) It shall be the obligation of any person to whom a mechanical or electrically
operated amusement device license is 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; and
(F) No mechanical or electrically separated amusement device shall be located in
vestibules, aisles, doorways, outside areas or within ten feet of an entrance or exit
door.
112.24. GAMBLING PROHffiITED.
(A) Any person to whom a mechanical or electrically operated amusement device
".... license is issued shall prominently display a sign indicating that gambling is
prohibited. Such sign shall also indicate that it shall be considered to be a
.... gambling offense if a player or any operator agrees to pay for the game of another
upon a loss of a game.
(B) No mechanical or electrically operated amusement device shall be permitted that
has as its object the skill of winning at the playing of cards, 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 encourage gambling.
(C) 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.
112.25. OPERATION BY MINORS.
(A) 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 18 years unless the minor is accompanied
by and in the 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 to
....... operate such device.
(B) 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. I
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 municipality and it shall
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. u""')_- - -- Passed mu ----- um mm mn_mm 19m__ u
further be the duty of such person to ascertain if his patrons are violating such
curfew laws and if so, to eject them from the place of business.
",.. (C) No parent or guardian of a minor under the age of 18 years shall allow such minor
...... to operate a mechanical or electrically operated amusement device in violation of
this section.
(D) No person under the age of 18 years shall knowingly show or give false
information concerning his name, age or other identification for the purpose of
playing or operating a mechanical or electrically operated amusement device, in
violation of any provision of this chapter.
(E) No person shall knowingly furnish any false information as to the name, age or
other identification of another person under the age of 18 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 chapter.
112.26. LICENSE SUSPENSION OR REVOCA nON; APPEALS.
(A) The City Manager may suspend or revoke a mechanical or electrically operated
amusement device pursuant to ~110.07.
(B) Any person whose application for a license is denied or whose license is suspended
or revoked may appeal the decision to the Council pursuant to ~110.08.
......
112.27. EXCEPI'IONS.
..... The provisions of this chapter 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 encourage gambling.
112.28. AUTHORITY OF CITY MANAGER.
The City Manager is authorized and empowered to establish, adopt and enforce or cause
to be enforced, such rules and regulations governing the licenses required under this
I chapter as the City Manager may deem reasonable and necessary and which are not
inconsistent with the provisions of this subchapter.
112.29 PARENTAL ADVISORY STICKER PROGRAM
All mechanical or electrically operated amusement devices shall display a sticker which
categorizes the content of each game. Each device shall display at least one of the
following nine warning stickers:
(A) Suitable for All Ages
(B) Animated Violence - Mild
~ (C) Animated Violence - Strong
..... (D) Life-Like Violence - Mild
(E) Life-Like Violence - Strong
(F) Sexual Content - Mild
(G) Sexual Content - Strong
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. '-'I-'I"",~-~~ .. , " Passed.m u. mum u. m mun un .19m. .
(H) Language - Mild
,... (1) Language - Strong
...... Unless otherwise amended by the City Manager pursuant to 112.28, allocation of stickers
to devices shall be determined by the guidelines provided by the American Amusement
Machine Association.
. 112.99. PENALTY.
(A) Whoever violates any provision of ~~112.01 or 112.02 shall be guilty of a minor
misdemeanor, and shall be fined not more than $100. Each day upon which the
violation occurs or continues shall be deemed a separate offense.
(B) Whoever violates any provision of ~~112.15 through 112.27 shall be guilty of a
misdemeanor of the third degree. Each day during which the violation continues
shall constitute a separate offense for each machine or device involved in the
offense.
Section 2. That Section 153.028(B) of the Codified Ordinances of the City of Dublin,
Ohio be amended to read as follows:
153.028(B). CONDITIONAL USE.
The following uses shall be allowed in the Community Commercial District, subject to
!""""" approval in accordance with Section ~153.236.
.... (1) Drive-in facility or open display. Drive-in or outdoor service, or open
display facility, developed in association with a permitted use, except for
554 - gasoline service station when all of its lot lines are 25 feet or more
from a residential zoning district to a planned residential zoning district as
listed in ~153.016.
(2) Residential. Living quarters as an integral part of a permitted use
structure.
I (3) Con"umer services. Consumer services generally involving the care and
maintenance of tangible property or the provision of intangible services for
personal consumption.
(a) Recreation.
7831 Motion picture theaters
7911 Dance halls, studios and schools
7921 Theatrical producers, except motion pictures, bands,
orchestras and entertainers (theater)
7931 Bowling, billiards and pool
...... 7944 Swimming pools
7945 Skating rinks
.....
Mechanical or electrically operated amusement devices as defined
in ~112.15 may be operated in connection with the recreation uses
listed herein subject to the provisions of ~~112.15 et seq.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No..4-_.~~. -- ~ ~, Passed.-- .. on.u on .. un . u on .19 --. .
(b) Automotive.
751 Automotive rentals, without drivers
752 Automobile parking
,.... 754 Automobile services, except repair
..... (4) Offices of veterinarians and animal hospitals.
0722 Offices of veterinarians and animal hospitals
Section 3. That Section 153.050 of the Codified Ordinances of the City of Dublin, Ohio
be amended to read as follows:
153.050 PROCEDURES AND REGULATIONS FOR PLANNED
nl?VF,T flPMENT DISTRICTS.
(A) Procedures for the e..~blishment of a planned development zoning district.
Planned development zoning districts may be established by application in
accordance with the provisions of ~~153.230, 153.233 and 153.999 and the
requirements of procedure of the planned development zoning district petitioned.
(B) Regulation of the use and development of land and structures. Regulation
pertaining to the use of land and/or structures and the physical development thereof
within each of the zoning districts as adopted as a planned development zoning
district in ~~153.015 through 153.017, and as may be drawn on the zoning district
map are hereby established and adopted.
...
(C) Rules of application. The planned development regulations set forth in this
.... chapter shall be interpreted and enforced according to the following rules:
(1) Identification of uses. Listed uses are to be defined by their customary
name or identification, except where they are specifically defined or limited
in this zoning code.
(2) Pennitted uses. Only uses designated as a permitted use shall be allowed
as a matter of right in a planned development zoning district and any use
not so designated shall be prohibited except when in character with the
proposed development such additional uses may be approved as a part of
the development plan. If the operation of mechanical or electrically
operated amusement devices as defined in ~112.15 is designated as a
permitted use, the operation of such devices shall be subject to the
provisions of ~~ 112.15 et seq. in addition to the regulations set forth in this
zoning code.
(3) Procedures. The procedures and conditions set forth for the determination
of planned development districts and development therein shall be followed
except that a written statement by the applicant shall clearly show that such
..... procedures or conditions do not apply in the specific case. Such statement
..... shall accompany the application and is subject to approval by Council.
(4) Develo.pment ~.andard4i;. The development standards set forth shall be the
minimum allowed for development in a planned development zoning
district.
Section 4. That Section 153. 114(A) of the Codified Ordinances of the City of Dublin,
Ohio be amended to read as follows:
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.___ P assed__________ u u_________________________ ________19 --------
I
(A) Special uses. The following listed uses shall be subject to these exceptional use
district regulations, except as they may be permitted by other provisions of the
"... zoning ordinance.
~' (1) Transportation. Airport or flying field, transportation terminals, depots
..... or other transportation facilities not exempt from regulation.
(2) Recreation and amu..~ment. Amusement center, amusement park, skating
rink, miniature golf, swimming pool, drive-in theater or similar facility.
Athletic field, stadium, race track or similar sports facility not otherwise
allowed by the provisions of the zoning ordinance. Golf club, country
club, fishing club or lake, gun club, riding stable, including boarding of
animals, or similar recreational facility operated on an admission fee or
membership basis. Resort establishment, park, camping or boating
facilities, picnic grounds or similar recreational facility operated on an
admission fee or membership basis.
Mechanical or electrically operated amusement devices as defined in
~112.15 may be operated in connection with the Recreation and
Amusement uses listed herein subject to the provisions of ~~112.15 et seq.
(3) Social and cultural in.l\titution. Cemetery or crematory not otherwise
allowed by the provisions of the zoning ordinance. Hospital, sanitorium,
,..... convalescent home, rest home or home for children or the aged not
L otherwise allowed by the provisions of the Zoning Ordinance. Private
school or college including those with students or faculty in residence, not
otherwise allowed by the provisions of the zoning ordinance.
(4) Other uses not provided for. Other legal uses of unique or exceptional
requirements or circumstances that are otherwise not permitted by the
zoning ordinance.
Section 5. That existing Sections 112.15 et seq., 153.028(B), 153.050, and 153.114(A)
of the Codified Ordinances of the City of Dublin, Ohio be and hereby are repealed.
Section 6. That this ordinance shall be effective on the earliest date permitted by law.
Passed this Jjjbclay of3-u. I'/(J> i . 1997.
~
..... ATTEST:
...... ~ @-rv.4.~
Clerk of Council
I hereby certify that cOIMes of this Ordinance/Rl!i8111ti8R were posteo in
City of Dublin in occordance w!t~ Section 731.25 of the Ohio Revised Cod.
~t ~~lin. Ohio
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AMERICAN AMUSEMENT MACHINE ASSOCIATION
October 30, 1996
- To: AAMA Member Distributors
From: Rick Kirby
-
RE: Parental Advisory Warning Stickers
At the recent AAMA Board of Director's Meeting, a Parental Advisory Sticker Program was
approved. These stickers are to be placed on all newly released games. In order to insure that all
games are in fact covered through this program, we are making them available to distribution as
well, in case the stickers are not affixed prior to the equipment leaving the factory. Again, these
stickers, which are being provided free of charge to all AAMA video game manufacturers and
distributors, should be added to all current games prior to their being placed on location.
Enclosed you will find a sample of each of the nine different warning labels. Also, attached to
this mailing, you will find listings of the AAMA approved ratings for all current products as
submitted by the manufacturers. Please use these ratings to determine what quantity of each label
you need to order. The labels will then be shipped out for your use. Again, this is a free program
being adopted for AAMA members.
Effective immediately, you may contact Cathy Gelfand at the AAMA office to place your label
1f!>0"'1> order. Or, to make this easier for you, attached you will find a form for placing your first order.
Please keep in mind that you also have the option of using these samples to produce the
labels on your own. Please advise us if you will be taking advantage of this option in the space
~ indicated on the attached order form.
It is important that all manufacturers and distributors adopt this program immediately to show
unity in our stand on this vital issue affecting our industry. We appreciate your prompt attention
to this matter.
450 East Higgins Road, Suite 201 . Elk Grove, Illinois 60007-1417 . (847) 290-9088 . Fax (847) 290-9121
-
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.' ""-"-
AAMA Parental Advisory.Warning Stickers.
Order Form ,
;'~".1 ..
. .'.
Please indicate the appropriate quantity of each of the nine different warning labels. These wiII
then be shipped to you immediately upon receipt of your order~1fJ1i!U will be creating your own
labels as per the samples please indicate this in the space below. . ,: " .
- ----: · I do not need any labels at this time, as we will be producing our own
labels to match the samples.
- I would like to order labels from the association as indicated below:
-
Warning Label Ouantity
Suitable For all Ages
Animated Violence - Mild
Animated Violence - Strong
Life-Like Violence - Mild
Life-Like Violence - Strong
Sexual Content - Mild
Sexual Content - Strong
-
Language - Mild
Language - Strong
Ship Labels To:
Contact:
Company:
Address:
City, State, Zip:
Phone Number:
-
." .
,,. ,.
AMERICAN AMUSEMENT MACHINE ASSOCIATION
July 2, 1996
.
---
TO: Robert Fay
- ~cr Richard Trindle
FROM:
SUBJECT: Video Ratings
The video games released since May 9, 1995 list has been
reviewed and the following statistical information is offered:
1) of the 68 games listed, 39 are suitable for all ages, or
57%;
2) if you add the 23 animated violence mild games (there were
no life-like violence mild games) then the percent goes up
to 91%; and
3) there was 1 life-like violence strong game, 4 animated
violence strong games and 1 sexual content mild game.
~~
-
Richard Trindle, Director - Investigations
450 East Higgins Road, Suite 201 . Elk Grove, Illinois 60007-1417 . (847) 290-9088 . Fax (847) 290-9121
-
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American Sammy
Zombie Raid - animated violence - mild
CAPCOM
Marvel Super Heroes - suitable for all ages
Cyberbots - suitable for all ages
Night Warriors - suitable fer all ages
- · Street Fighter Alpha - suitable for all ages
19XX - suitable for all ages
Toshinden II Battle (Arena) - sexual content - mild
-
Data East
Avengers in the Galactic Storm - animated violence - mild
Chain Reaction - suitable for all ages
Hoops - suitable for all ages
FABTEK
Viper - suitable for all ages
Battle Balls - suitable for all ages
Incredible TeChnologies
Golden Tee-3-D Golf - suitable for all ages
World Class Bowling - suitable for all ages
Konami
Lethal Gun II - animated violence - strong
Crypt Killer - animated violence - mild
Soccer Superstars - suiable for all ages
Five-A-Side Soccer - suitable for all ages
Ultra Hockey - suitable for all ages
Midnight Run - suitable for all ages
Road Rage - suitable for all ages
"""".---.-'...,
Namco
Tekken II - animated violence - strong
- Alpine Racer - suitable for all ages
Speed Racer - suitable for all ages =
Cyber cycles - suitable foe all ages
Dirt Dash - suitable for all ages
Rave Racer - suitable for all ages
Time Crisis - animated violence - strong
Soul Edge - animated violence - strong
Classic Connection II - suitable for all ages
Tokoyo Wars - animated violence - mild
Sega
Virtua Racing - suitable for all ages
Cool Riders - suitable for all ages
Cyber Troopers - animated violence - mild
Indy 500 - suitable for all ages
Manx TT Superbikes - suitable for all ages
Rail Chase II - animated viclence - mild
-
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r Sega Rally - suitable for all ages
Sport Fishing II - suitable for all ages
Virtua Striker - animated violence - mild
Virtua Cop 2 - animated violence - mild
Fighting Vipers - animated violence - mild
Final Arch/Super Major League - suitable for all ages
Funky Head Boxers - suitable for all ages
Golden Ax - The Duel - animated violence - mild
The Virtua Fighter - animated violence - mild
~Remix - animated violence - mild
- Pebble Beach - suitable for all ages
Fighting Vipers - animated violence - mild
Sky Target - animated violence - mild
- Virtual On - animated violence - mild
SNK
Samurai Showdown III - animated violence - mild
Kabuki Klash - animated violence - mild
Samurai Showdown II - animated violence - mild
Zed Blade - suitable for all ages
Puzzle De Pon - suitable for all ages
King of Fighters 2 - animated violence - mild
Pole Star - suitable for all ages
Real Bout Fatal Fury - animated violence - mild
Stakes Winner - suitable for all ages
Voltage Fighters - animated violence - mild
Aero Fighters 3 - suitable for all ages
Time Warner
Moto Frenzy - suitable for all ages
Area 51 - animated violence - mild
Williams
Killer Instinct 2 - animated violence - strong
....N"'" Open Ice - suitable for all ages
Ultimate Mortal Kombat - life-like violence- strong
WWF Wrestlemania - suitable for all ages
,-
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