[CC 1961 §29.1; Ord. No. 2578 §1, 1-17-1983]
For the purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:
- AMUSEMENT CENTER OR ARCADE
- Any establishment having four (4) or more mechanical or electronic amusement devices for use or operation by the public or any establishment deriving over one-half (½) its gross income from the utilization of mechanical or electronic devices.
- MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, slug, plat, disc or any other insertion device, of any kind or description whatever. Nothing herein shall be construed to include as a game device any machine used solely for the vending of food, confections, cigarettes, and other merchandise which upon insertion of a coin, token or disc, will deliver to the purchaser the product or merchandise advertised in said machine, or any coin-operated bowling lanes or alleys, music machines or juke boxes.
- SUBSIDIARY ARCADE
- Any establishment licensed by the City of Berkeley to operate a business other than an amusement center or arcade having four (4) or more mechanical or electronic amusement devices for use and operation by its patrons and deriving less than one-half (½) its gross income from the utilization of mechanical or electronic devices.
[CC 1961 §29.2; Ord. No. 2578 §1, 1-17-1983]
This Chapter shall not be applicable to any person having set up in private residence one (1) or more mechanical amusement devices when employed for his/her own private use or for the use of his/her family; (business establishments where mechanical or electronic amusement devices are used exclusively by patrons and upon which no charge for playing is made); or business establishments or other public places which may have three (3) or less mechanical or electronic amusement devices for use or operation by the public.
[CC 1961 §29.3; Ord. No. 2578 §1, 1-17-1983]
It shall be unlawful for any person to operate or to permit to be operated on any premises in the City owned or controlled by such person and amusement center, arcade, or subsidiary arcade without first securing a special land use permit as set forth in Chapter 400, Zoning, and a business license duly issued under the provisions of Chapter 605, Merchants' and Manufacturers' Licenses, of the Berkeley Municipal Code.
All amusement devices available to the public for a fee, whether or not situated in premises licensed as an amusement center or arcade pursuant to this Chapter, shall be subject to an annual license fee for each such device as set forth in Chapter 605, Merchants' and Manufacturers' Licenses, of the Berkeley Municipal Code.
The Council may exempt subsidiary arcades from this requirement by an affirmative vote of five (5) or more of its members.
[CC 1961 §29.4; Ord. No. 2578 §1, 1-17-1983]
An application shall be made to the City Council for a special land use permit for the operation of an amusement center or arcade in the City.
Each such application shall be verified and shall contain the name of the proposed operation (if a partnership, the names of all partners, and if a corporation, the names of all officers and stockholders), the proposed location of the amusement center or arcade and the number and types of machines to be provided. Such application shall be accompanied by accurately scaled and duly dimensioned plans of the premises, showing the proposed location of the mechanical or electronic amusement devices. If a special land use permit is granted, and a license issued to an amusement center, the holder of the license shall provide the City Clerk with updated data at the time of any subsequent change of ownership, partners or corporate officers.
Each such application shall be referred to the Chief of Police, who shall investigate the character and fitness of the proposed operator(s), as well as any other persons listed as having an interest in the proposed license. Such investigation shall also be made on subsequent owners, partners and corporate officers.
[CC 1961 §29.5; Ord. No. 2578 §1, 1-17-1983]
The Council may deny a special land use permit should any of the following circumstances be found to exist:
Any parties interested in the proposed business have been convicted of any violation of any Statute or ordinance involving moral turpitude or have previously had a business license suspended or revoked; provided,that if the Council shall find that such person's fitness to operate a business has not been affected by such suspension or revocation and that permitting such applicant to conduct such an operation would not be contrary to the public interest, they may grant such permit.
The Council may suspend or revoke a special land use permit if any provisions of the Municipal Code are violated.
[CC 1961 §29.6; Ord. No. 2578 §1, 1-17-1983]
Amusement centers and arcades shall not be located or situated within a distance of two hundred (200) feet from any school, church or place of worship.
[CC 1961 §29.7; Ord. No. 2578 §1, 1-17-1983]
Every amusement center or arcade within the City which is licensed pursuant to this Chapter shall have two (2) separate restrooms, one (1) for male patrons and one (1) for female patrons.
The ratio of space occupied by and for the use and operation of mechanical or electronic amusement devices to "total interior floor space" shall be one (1) square foot of space occupied by and for use and operation of a mechanical or electronic amusement device to each five (5) square feet of interior floor space. For the purposes of this Section, "interior floor space" shall be that interior floor space available to the patrons of such establishment, excluding restrooms, counters, tables, utility rooms, water heaters, closets, entrance foyers and office space.
Every amusement center or arcade within the City of Berkeley shall be situated on the ground floor or street level of the building and shall be so situated to provide a clear and unobstructed view of the complete interior thereof from the outside and no such place of business shall be maintained and operated in any room or place having another room adjacent thereto and accessible therefrom with the exception of the storage closet, office space and the required separate toilet facilities for male and female patrons.
[CC 1961 §29.8; Ord. No. 2578 §1, 1-17-1983]
No child under the age of fourteen (14) years shall be permitted in any establishment regulated by this Chapter unless accompanied by a parent or legal guardian. No person between the ages of fourteen (14) and seventeen (17) years shall be permitted on the premises without having on his/her person an identification card issued by the operator containing his/her name, age, home address and telephone number. No such identification card shall be issued by the operator unless he/she has received the written permission of the parent or legal guardian and confirms the same. The operator shall maintain a permanent record of the names of parents or guardians who have granted such permission and the names of the persons for whom they have granted such permission. Such records shall be available for inspection at all times by the Chief of Police or his/her representatives. Said ID shall be renewed on an annual basis.
Every licensee of any business contemplated and defined in this Chapter shall be responsible for observance of the existing curfew laws of the City of Berkeley by any person within his/her establishment. Every licensee shall post in a conspicuous location two (2) or more placards having the articles pertaining to permitting minors to play and standards of curfew and alcoholic beverages, drugs or other controlled substances and gambling conspicuously and legibly written, or painted or printed thereon in letters of not less than one (1) inch in size for the information of players, patrons and employees.
This Section shall not apply to subsidiary amusement centers and arcades.
[CC 1961 §29.9; Ord. No. 2578 §1, 1-17-1983]
No alcoholic beverages shall be permitted anywhere on the premises of any business defined and subject to this Chapter, unless such premises have been licensed to dispense alcoholic beverages.
No controlled substances as defined by the Missouri State Statutes, firearms or pyrotechnics shall be permitted on the premises of any business defined and subject to this Chapter.
[CC 1961 §29.10; Ord. No. 2578 §1, 1-17-1983]
No license shall be issued for any coin-operated amusement device which is so constructed as to make possible, either directly or by the use of any adjustment, the return of cash, tickets, discs or other tokens or certificates of any kind to a player operating the same, whether or not such tokens or certificates have a value of any kind. Only machines operated exclusively for the amusement provided by the operation thereof shall be licensed, and no machine shall return, and no licensee shall offer or give, any reward or thing of value as reward for making of any score or accomplishing any result in the playing of any such machine or device; except, that as a reward for his/her skill the player may be given plays on the device, or such other rewards as may be approved by the Council, but the free plays shall not be converted, commuted or exchanged in any way.
If the Chief of Police or his/her designated representative shall have reasonable cause to believe that any coin-operated amusement device is used or being used as a gambling device, such machine or device may be seized by the Chief of Police or his/her designated representative, and impounded.
No gambling as covered by laws or ordinance shall be allowed on the premises.
[CC 1961 §29.11; Ord. No. 2578 §1, 1-17-1983]
No person shall be employed in a supervisory position in an amusement arcade who is under the age of twenty-one (21), or who has been convicted of any violation of any Statute, any provision of the City Code, any ordinance involving moral turpitude, or any felony.
Prior to employing any person in a supervisory position, the operator shall submit the name of such person and such other information as may be required to the Police Chief, who shall determine whether such person has been so convicted and shall notify the operator thereof.
At least one (1) supervisor of at least twenty-one (21) years of age, employed by the operator, shall be on duty at all times the premises are open to the public and be present on the premises. The City Council may require a uniformed security guard to be provided by the amusement center or arcade.
[CC 1961 §29.12; Ord. No. 2578 §1, 1-17-1983]
The premises shall be closed during the hours between 1:00 A.M. and 9:00 A.M. Monday through Saturday and between the hours of 1:00 A.M. and 1:00 P.M. on Sundays. This Section shall not apply to subsidiary arcades.
[CC 1961 §29.13; Ord. No. 2578 §1, 1-17-1983]
Every place of business contemplated by this Chapter shall be maintained in an orderly manner, and each business shall have at least eighty percent (80%) of the machines in good repair and operating at all times.
The licensee, business owner, manager and supervisory personnel of the licensed establishment shall be obligated to maintain and keep order and proper decorum at all times and shall be obligated, on order of the City Council, to provide security personnel for the maintenance of order and proper decorum on the premises. The Council may require that tokens be used rather than currency to operate the video games in order to prevent change soliciting from other businesses in the area.
Occupancy shall not at any time exceed the number of persons permitted as defined in the occupancy permit.
Section 610.140 Inspections — Notice of Violations — Seizure, Impoundment and Redemption of Machines.
[CC 1961 §29.14; Ord. No. 2578 §1, 1-17-1983]
All coin-operated amusement devices and machines and all premises on which such devices and machines are maintained or exhibited shall be open to inspection by the Police Department.
If the Chief of Police shall have reason to believe that any licensee of a coin-operated vending machine is guilty of a violation of or the failure to comply with any of the provisions of this Chapter or other ordinances of the City relating to the licensing and exhibiting of such machines and devices, the Chief of Police shall give notice to the licensee of such violations. If the licensee has not within five (5) days of such notice, ceased such violation, the Chief of Police shall seize and impound all of the coin-operated vending machines for which the licensee has been granted a license by the City, or which are situated within the City and required to be licensed even if not licensed, and shall hold the same pending the trial of such licensee for such violation. If the licensee is found guilty of the violation as charged by the Chief of Police, such licensee shall pay to the City, in addition to any fine levied by the court, ten dollars ($10.00) for each machine or device impounded by the Chief of Police and be provided a receipt therefor, and upon exhibiting such receipt to the Chief of Police, shall be entitled to retain possession of each machine or device so impounded.