14A.70.040 Social Games Authorization Limited.
A social game between players in a private business, private club, or place
of public accommodation is authorized only when each of the following conditions
are met:
A. No house player, house bank, or house odds exist; and
B. There is no house income from the operation of a social game;
and
C. The game cannot be observed from a public right of way; and
D. Persons under 18 years of age are not permitted in the room or
enclosure where the social game takes place; and
E. A valid permit issued pursuant to this Chapter is conspicuously
displayed in the room or enclosure where the social game takes place; and
F. The room or enclosure where the social game takes place is open to
free and immediate access by any police officer. Doors leading into the social
game room must remain unlocked during all hours of operation; and
G. No player shall bet more than $1 in money or other thing of value
in any one game, and the amount awarded the winner of a game shall not exceed $1
in money or other thing of value multiplied by the number of players in the
game.
14A.70.060 Social Games Permit Application Process.
A. The application for a permit to conduct any social game activity shall
set forth all information deemed necessary by the Director of the Bureau of
Licenses consistent with the regulations provided in this Chapter, including but
not limited to a description of the premises subject to the permit, and the
fingerprints of the owner(s), officers, principal managing employees, and all
employees who are involved in conducting the game activities or operating the
game premises of the applicant. The permittee shall notify the Director within
10 days of any change in owners, officers, or principal managing employees that
occurs subsequent to permit issuance.
1. For the purposes of this Section, "principal managing
employee" shall include:
a. Any person who is a proprietor or partner of the applying
organization;
b. Any person who owns or controls 5 percent or more of the
outstanding capital stock where the organization is a corporation;
c. Any person who has supervisory authority over employees and/or
operations of the business as it relates to the conduct of permitted social
games; and
d. Any person who has the authority to supervise the premises and
conditions under which permitted social games are conducted.
2.
Where the permit applicant is a nonprofit membership organization,
"principal managing employee" shall also mean the chief elected official of
the organization and any other elected official(s) whose authority extends to
the supervision or management of permitted social games.
3. With the concurrence of the Chief of Police or proper designee,
the Business Licenses Director may exempt a corporate stockholder from the
definition "principal managing employee" when it is shown that the involvement
of such stockholder(s) in the operations of the applying organization is
limited to stock ownership and that such stockholder(s) has no role in the
conduct of the organization's operations.
4. All persons required to supply information in the application
shall by oath or affirmation swear to the veracity of the information supplied
by them.
B. There shall be no right to renewal of a permit; each application shall
be considered as it would be for a new permit notwithstanding that the applicant
has previously been issued a permit.
C. Each application for a permit shall be accompanied by a
nonrefundable fee of $500.
D. Before issuance of a permit, the Director or appropriate designee
shall confer with the Chief of Police or proper designee, who shall advise
whether or not and on what basis there exists law enforcement concerns about the
particular applicant’s suitability to obtain a permit. If the Chief of Police so
recommends, then no permit shall be issued, provided that Council may finally
determine, upon appeal by the applicant that permit shall be
issued.
14A.70.070 Social Games Permit Issuance, Denial.
A. An application for a social game permit shall be denied if the
Director of the Bureau of Licenses finds:
1.
That within 5 years of the present application date, the applicant
or any person having a financial interest in the private business, private
club, or place of public accommodation, or any of the applicant’s officers or
principal managing employees has been convicted of, or if evidence exists that
supports a finding by a preponderance of evidence, that such person has
committed any felony or misdemeanor under federal or state law or this Code
relating to theft, fraud, gambling, controlled substances, or prostitution
activities; or
2. That the applicant or any person having a financial interest in the
private business, private club, or place of public accommodation, or any of
the applicant’s officers or principal managing employees has falsified any
statement in the application for permit.
3. That any violation of federal or State law or this Code relating
to gambling has occurred on the premises described in the application. It
shall be prima facie evidence of such violation if any person has forfeited
bail on, pleaded nolo contendere to, or been convicted of any offense in
violation of federal or State law or this Code relating to gambling or
gambling devices where the act charged occurred on the premises described in
the permit application.
4. That the applicant has permitted the commission of any criminal act
on the premises described in the application or has failed to maintain the
premises in conformance with all the requirements of this
Code.
B. If one or more grounds for denial of a permit as described in
Subsection A. of this Section are not established after investigation of the
application by the Director with assistance from the Bureau of Police, then the
permit shall be issued as soon as practicable.
14A.70.080 Revocation, Suspension of Social Games Permit.
A. The permit required under this Chapter may be
temporarily suspended for up to 30 days or revoked by the Bureau of Licenses for
any reason that would be grounds for denial of an application for a permit.
Additionally, such permit may be suspended or revoked when investigation reveals
that:
1. Any violation of the
provisions of this Chapter or any violation of federal or State law or City
ordinance relating to minors, theft, fraud, gambling, obscenity, controlled
substances, prostitution, or alcoholic beverages has occurred on or in such
premises, or that any such violation was connected in time and manner with the
operation of such premises and occurred within the proximity of same; or
2. Conducting of social games in such location as
authorized by the permit causes disorderly or violent acts, litter, noise,
vandalism, vehicular or pedestrian traffic congestion, or other similar
problems in the area around the permitted premises.
B. Suspension or revocation shall become effective 5
days after the Bureau makes reasonable attempts to notify the permittee in
writing of the grounds for revocation or suspension. If the permittee gives
notice of appeal to the Bureau prior to the effective date of the revocation or
suspension, suspension or revocation shall not become effective until the appeal
is finally determined. If the permittee cannot be found after a reasonable
effort to locate him or her has been made, then such notice may be sent by
certified mail to the permit address, or posted at the same, and shall be deemed
acceptable alternative means of service in lieu of personal service.
C. On a case-by-case basis, depending upon the
severity of the violation and the likelihood of continued unlawful activity on
such premises, in lieu of suspending or revoking a permit or to reduce the
penalty period involved, with the concurrence of the permittee and the Chief of
Police, the Director may order a fine of up to $500 per violation of this Code
to be paid to the City's General Fund. Failure to pay the fine within 30 days
shall be grounds for revocation or suspension of the social games permit.
14A.70.120 Unlawful Amusement Games and Concessions.
A. It is unlawful for any person to manage, operate, or profit from any
unlawful amusement game or concession.
B. As used in this Section, "unlawful amusement game or concession"
includes the following:
1.
Any amusement concession or game in which any physical limitations
affecting the degree of skill necessary to win the amusement concession or
game are not readily visible to the player, unless notice disclosing such
physical limitations is displayed continuously and conspicuously at the
location where the amusement concession or game is played, so as to be readily
visible to patrons and contestants.
2. Any amusement concession or game where winning depends upon the
patron or contestant's ability to throw or project an object, unless all such
objects available for use by any single patron or contestant are uniform in
size and weight.
3. Any amusement concession or game in which the ability of the patron
or contestant to win depends upon throwing or projecting of an object, unless
there exists an unobstructed air space of at least 18 inches in height above
the highest point of any surface, object, or place upon which that object must
land to win the amusement concession or game.
4. Any amusement concession or game in which any target, which must be
struck, hit, overturned, broken, or passed through is tilted or inclined in
any manner so as to give any advantage to the manager or operator.
5. Any amusement concession or game in which any material has been
placed on any target so as to give any advantage to the manager or
operator.
6. Any amusement concession or game that utilizes any device, other
than the target and the objects to be thrown or projected at that target,
which increases or decreases the opportunity of any patron or contestant to
win the amusement concession or game.
7. Any amusement concession or game in which the patron or contestant
is required to shoot a firearm, air gun, pellet gun, BB gun, or similar device
at a target in order to win the amusement concession or game, unless all of
the ammunition used in such devices is uniform in type, size, and weight, and
the devices are physically attached or controlled to ensure that they can only
be pointed toward the target area at all times.
8. Any amusement concession or game in which, as a condition of winning
the amusement concession or game, a part or all of a target must be destroyed,
unless the patron or contestant is permitted, at his or her request, to
inspect the target at any time(s) after he or she has paid to play and has
concluded such contest but before he or she has left the amusement concession
or game location.
