§ 5-27.01. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Amusement device" shall mean any electrically, electronically, or mechanically operated instrument, machine, device, or equipment which is activated, operated, or used by means of inserting a coin, token, slug, or other device into a slot or receptacle provided for that purpose and operated by the public for use as a game, entertainment, or amusement. "Amusement device" shall include, but not be limited to, a device such as a pinball machine, an air hockey game, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of such games or activities.

"Amusement device" shall not include a coin, token, or slug operated machine or device which provides:

(1)

A ride, physical sensation, or service, such as reading of weight, blood pressure, or pulse;

(2)

A photograph;

(3)

Lamination; or

(4)

An item of merchandise at random, either among other items of merchandise or by itself.

"Amusement device" shall not include any juke box, computerized banking service, vending machine, commercial clothes washer or dryer, or vehicle washer. Nor shall "amusement device" include any outdoor carnival or such other activity contemplated and regulated by Chapter 4 of this title or coin-operated pool table as regulated and controlled by Chapter 5 of this title.

(b)

"Commercial amusement activity" shall mean and include any business, store, or commercially or industrially used premises in which one or more amusement devices are placed, installed, operated, or used and from which income is derived, whether or not such placement, installation, operation, or use is primary or accessory to the business, store, or commercially or industrially used premises.

"Commercial amusement activity" shall not include any:

(1)

Private residence or charitable, religious, or nonprofit organization where no remuneration, economic advantage, gain, or profit results from the use of an amusement device and where the amusement device is not held open for use by the general public; or

(2)

Premises or operations licensed by the Department of Alcoholic Beverage Control of the State for the on-sale consumption of alcoholic beverages, excepting therefrom any such premises or operation which lawfully permits minors, such as a bona fide public eating place.

(c)

"Permittee" shall mean and include any person, either as owner, lessee, licensee, manager, employee, agent, or servant, conducting, managing, carrying on, maintaining, or operating a commercial amusement activity with either an amusement device permit or special use permit issued pursuant to the provisions of this chapter.

(§ 1, Ord. 507, eff. October 19, 1983)